Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
05-06-08 Agenda Reg
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, May 6, 2008 Regular 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Meeting 6:00 of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to p'm' limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W.1st Avenue Delray Beach, The City will furnish auxiliary aids and services to afford an individual with a Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 ROLL CALL 2. INVOCATION disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA PLEDGE OF ALLEGIANCE TO THE FLAG 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. Apri115, 2008 -Regular Meeting 6. PROCLAMATIONS: A. Recognizing and commending Melissa Backus - Administration/Recreation Division -Parks and Recreation Department Employee of the Year for 2007, Luigi Pratt -Ocean Rescue Division and Dexter Hazel -Parks Maintenance Division as Parks and Recreation Top Employees of the Year for 2007. B. Recognizing Delray Intracoastal Cruise Tours - .Toe & Kerry Reardon C. Emergency Medical Services Week -May 18-24, 2008 D. Therapy Dog Awareness Day -May 10, 2008 E. P.A.N.D.O.R.A.'s Neuroendocrineimmune Disorders Awareness Day -May 12, 2008 7. PRESENTATIONS: A. S.P.LR.LT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Employee Awards Presentation B. Special Recognition Award - Leve15 Fitness and Conditioning C. Special Recognition Award -Dot Bast D. Historic Preservation Board Awards Recognition CONSENT AGENDA: City Manager Recommends Approval A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their quarter Annual Meeting of Apri117, 2008. B. REQUEST FOR SIDEWALK DEFERRAL/501 PALM TRAIL: Approve a request to defer the installation of a sidewalk for 501 Palm Trail. C' EASEMENT AGREEMENT/FLORIDA POWER & LIGHT/SEACREST SOCCER COMPLEX: Approve an easement agreement between the City and Florida Power & Light, to grant access to the property described in "Exhibit A" for a pad mounted transformer for the Seacrest Soccer Comdex. D. EASEMENT AGREEMENT/FLORIDA POWER & LIGHT/FIRE STATION NO. 4: Approve an easement agreement between the City and Florida Power & Light, to grant access to the property described in "Exhibit A" for a pad mounted transformer for Fire Station No. 4. E. HOLD HARMLESS AGREEMENT/DEPOT INDUSTRIAL CENTER, LLC/HISTORIC DEPOT SQUARE: Approve and authorize a Hold Harmless Agreement between the City and Depot Industrial Center, LLC., for work to be performed within the State right-of-way. F. SERVICE AUTHORIZATION NO. 07-O1/MOCK, ROOS & ASSOCIATES: Approve Service Authorization No. 07-O1 to Mock, Roos & Associates in the amount of $95,000.00 for the final design, permitting and bidding of the Intracoastal Waterway Educational Passive Park. Funding is available from 119-4151-572-68.35 (Beautification Trust Fund/Other Improvements/ Intracoastal Waterway Educational Passive Park). G. RESOLUTION NO. 14-08/REIMBURSEMENT RESOLUTION: Approve and adopt Resolution No. 14-08which allows the City to be reimbursed from future borrowing for expenses relative to parking meter equipment. H. SPECIAL EVENT REQUEST/2008 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2008 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on May 17 to May 18, 2008 and .Tuly 19 to .Tuly 20, 2008. L AMENDMENT NO. 1/INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/135 N.W.Sth AVENUE: Approve Amendment No. 1 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for construction/renovations to 135 N.W. 5th Avenue. J. BID AWARD/STUART AND SHELBY DEVELOPMENT-GULFSTREAM ROOFING/135 N.W. 5th AVENUE: Approve a bid award to Stuart and Shelby Development/Gulfstream Roofing in the amount of $610,723.00 for the rehabilitation of 135 N.W. 5th Avenue contingent upon approval by the Community Redevelopment Agency (CRA). K. PROPOSED BUDGET SUBMISSION/CHILDREN'S SERVICE COUNCIL (CSC)/BEACON CENTER AT VILLAGE ACADEMY: Authorize staff to submit the proposed budget funding request for Fiscal Year 2008/2009 to the Children's Service Council of Palm Beach County in the amount of $807,460.00 for the program and services associated with the Beacon Center at Village Academy. L. SPECIAL EVENT REQUEST/ART AND .TAZZ ON THE AVENUE: Approve a special event request for the Art and .razz on the Avenue to be held on .Tune 26, 2008, from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.60 for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7th Avenue, Railroad Avenue from Atlantic north to 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 the Tennis Center Parking lot 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 u~ contingent upon receipt of a hold harmless agreement. M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period Apri114, 2008 through May 2, 2008. N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Ron Bell Roofing, Inc. in the amount of $37,200.00 for the re-roofing of Fire Station No. 3. Funding is available from 334-6112-522-46.15 (General Construction Fund/Roof Repair-Fire Station). 2. Bid award to Ron Bell Roofing, Inc. in the amount of $95,900.00 for the re-roofing of the former engineering office space. Funding is available from 442-5178-536.62-10 (Water & Sewer Renewal & Replacement Fund/Buildings/Buildings). 3. Rescind contract award to APC Systems in the amount of $302,610.00 and award contract to North Star Technical Services, Inc. in the amount of $227,500.00 for the purchase and installation of specialty equipment for the new Information Technology (IT) Building under Florida State Contract #250-000-03-1. Funding is available from 334-6112-519-62.85 (General Construction Fund/Capital Outlay/City Hall Exp-IT Building). 4. Purchase award to AT&T Business, in the amount of $50,515.29 for software/hardware upgrades to the Nortel Option 11C PBX System located in both the Police Department and City Hall. Funding is available from 001-1802-512-66.10 (General Fund/Books & Publication/Software~, 001-1802-512-64.11 (General Fund/Machinery & Equipment/Computer Equipment, 001-2111-521-66.10 (General Fund/Police/Books & Publication/Software) and 001-211-521-64.11 (General Fund/Police/Machinery & Equipment/Computer Equipment). REGULAR AGENDA: A. WAIVER RE~UEST/ED MORSE CADILLAC: Consider a request for waiver of Land Development Regulations (LDR, Section 2.4.60, "Temporary Use Permit", allowing the installation of a 1,728 square foot temporary modular building for Ed Morse Cadillac located at 2300 South Federal Highway. (quasi-.Tudicial Hearing B. WAIVER RE~UEST/DELRAY MAZDA: Consider a request for waiver of Land Development Regulations (LDR, Section 4.6.70(7), "Sign Design Standards", allowing two ~) flat wall signs on the west elevation of the Delray Mazda property located at 2001 South Federal Highway. (quasi-.Tudicial Hearing C. CONDITIONAL USE EXTENSION RE~UEST/VILLAGE PARC: Consider a request to extend the conditional use allowing an increase in the residential density in excess of 12 dwelling units per acre (17.8 proposed) pursuant to Land Development Regulations (LDR) Section 4.7, "Family/Workforce Housing", associated with the construction of a stand alone residential development containing 104 townhome units. (quasi-.Tudicial Hearing D. RECONSIDERATION OF SPECIAL ACTION REQUEST/OFFICE DEPOT/CVS PHARMACY BUILDING:Consider a request for reconsideration to reduce the parking spaces required pursuant to Land Development Regulations (LDR) Section 4.6.9(C~(3)(A~, "Requirements for Commercial Uses", by 56 spaces (from the 155 parking spaces required to the 99 spaces provided), for the Office Depot -CVS Building located at 700 N.E. 6th Avenue.(~uasi-.Tudicial Hearing E. WAIVER REQUESTS/OFFICE DEPOT/CVS PHARMACY BUILDING DEVELOPMENT PROPOSAL: Consider three ~) waiver requests to waive Land Development Regulations (LDR Sections 4.6.14 (A~(1) and ~), "Visibility at Intersections", to reduce the required visibility triangle on the south side of the intersection of the driveway to N.E. 5th Avenue from 20' to 15'; and to reduce the required visibility triangles at the intersections of N.E. 5th Avenue and N.E. 8th Street and at N.E. 6th Avenue and N.E. 7th Street from 40' to 30'. (quasi-.Tudicial Hearing F. OLD SCHOOL SQUARE PARK EXPANSION PHASE ONE MASTER SITE PLAN/GLATTING JACKSON KERCHER ANGLIN, INC.: Consider approval for Glatting .Tackson Kercher Anglin Inc. to proceed with design of the Old School Square Park Expansion Phase One based on the proposed master site plan. G. RESOLUTION NO. 16-08/MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 16-08 amending Resolution No. 55-07 adopted September 18, 2007, which made annropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2007/2008, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2007/2008. H. PROPOSED AMENDMENT/IN-LIEU PUBLIC PARKING FEES:Consider whether to proceed with a City initiated amendment to the Land Development Regulations (LDR) Sections 4.6.90(3) and ~) to increase current in-lieu and public parking fees,~ursuant to LDR Section 2.4.5(M~(5). The associated map, LDR Section 4.6.9~)(3)(b), would also be amended to reflect the increased fees. L AGREEMENT/WIFI SERVICES/E-PATH COMMUNICATIONS OF DELRAY BEACH: Consider approval to terminate the contract with E-Path Communications of Delray Beach in accordance with contract requirements and to seek an immediate termination upon obtaining a waiver of contractual requirements if possible. J. SETTLEMENT OFFER IN ROBERT HAUPTFUHRER v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $25,000.00 in Robert Hauptfuhrer v. City of Delray Beach. Staff recommends approval subject to the receipt of the appropriate releases. K. OFFER OF .TUDGEMENT IN HEATHER LEITCH v. CITY OF DELRAY BEACH: Consider an Offer of .Tudgment for the total amount of $100,000.00 in Heather Leitch v. City of Delray Beach. Staff recommends denial. L. AUTHORIZATION TO OPT OUT OF A CLASS ACTION LAWSUIT/ADDISON AND PETIT V. CITY OF TAMPA: Consider a request for authorization to opt out of a Class Action Lawsuit entitled, Addison and Petit v. City of Tampa. M. APPOINTMENT TO THE BOARD OF AD.TUSTMENT: Appoint one ~) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. Based upon the rotation svstem, the appointment will be made by Mayor Ellis (Seat #5). N. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:Appoint one ~) regular member to the Delray Beach Housing Authority for an unexpired term ending .Tuly 14, 2010. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Eliopoulos (Seat #1). O. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to the Parking Management Advisory Board to serve an unexpired term ending January 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). 10. PUBLIC HEARINGS: A. 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 the Text Amendment and Future Land Use Map Amendment. (THIS ORDINANCE IS REQUESTED TO BE POSTPONED TO COME BACK AS A PUBLIC HEARING ON MAY 20, 2008) B. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.240, "Principal Uses and Structures", to include an additional property that is allowed the permitted uses of the Central Business District (CBD) Zoning District, amending Subsection 4.4.24(F~, "Development Standards", to include an additional property in the Old School Square Historic Arts District (OSSHAD) that is subject to the standards of the Central Business District (CBD) Zoning District. (APPLICANT HAS REQUESTED POSTPONEMENT TO .TUNE 3, 2008 REGULAR MEETING 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. 08-08: An ordinance repealing, in it entirety, Chapter 57, "Right-of-Way Annlication Process For Communications Facilities", of the Code of Ordinances and enacting a new Chapter 57, "Communications Facilities in Public Rights-of-Way", to provide the terms and conditions for the erecting, constructing, and maintaining of a communications facility in the City's public right-of-way for the provision of communications service. If passed, a public hearing will be scheduled for May 20, 2008. B. ORDINANCE NO. 21-08: An ordinance amending Chapter 36, "Finance, City Property Transactions", Section 36.01, "Compliance With Standard Practice Instructions", byproviding that bidding for Community Development Block Grant projects shall be included as an exception from the Standard Practice Instruction. If passed, a public hearing will be scheduled for May 20, 2008. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission APRIL 15, 2008 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Brenda Montague in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 15, 2008. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Vice-Mayor Brenda Montague Absent - Mayor Rita Ellis Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Lanelda Gaskins, Acting Deputy City Clerk 2. The opening prayer was delivered by Father Danis Ridore with St. Vincent Ferrer Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.C., Service Authorization No. 1.7/PGAL of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Also, he requested that Item 8.D., Traffic Signal Modification/Palm Beach County/N.E. 4t'' Street Improvements of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of April 1, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Vice-Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 04/15/08 Mr. McDuffie moved to approve the Minutes of the Workshop Meeting of April 8, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Municipal Clerk's Week -Mav 4-10, 2008 Vice-Mayor Montague read and presented a proclamation hereby proclaiming May 4 through May 10, 2008 as Municipal Clerk's Week. Lanelda Gaskins, Acting Deputy City Clerk, came forward to accept the proclamation. 6.B. National Public Works Week -Mav 18-24, 2008 Vice-Mayor Montague read and presented a proclamation hereby proclaiming the week of May 18 through May 24, 2008 as National Public Works Week. Richard Hasko, Director of Environmental Services, came forward to accept the proclamation. 6.C. National Historic Preservation Month -Mav 2008 Vice-Mayor Montague read and presented a proclamation hereby proclaiming May 1, 2008 through May 31, 2008 as National Historic Preservation Month. Stephanie Shipley, Delray Beach Historical Society, came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. Delray Camera Club Awards Presentation Vice-Mayor Montague stated the Delray Camera Club is a group of amateur and professional photographers who meet twice a month to learn more about photography from one another and from informative workshops, lectures, slide shows, field trips and monthly competitions. The club's exhibit this year is called "Reflections of South Florida 2008." Vice-Mayor Montague introduced the winners of this year's competition and presented each of them with a Certificate of Achievement. First Place: Second Place: Tom Rasmussen - "Roseatte Stuart Freedman - "Egrets Together" Spoonbill" Th;rd Plnw• Judy Goldston - "Miami Snow Globe" 2 04/15/08 7.B. Green Task Force Presentation Nancy Schneider, Chair of the Green Task Force, noted that the following Green Task Force members are also present in the audience this evening: Dan Sloan, John Koenig, Joe Snider, and Karla Vailliancourt. Ms. Schneider stated the first meeting for the Green Task Force was held on February 27, 2008 and noted in the last six weeks the Task Force has accomplished a lot. She stated green is about sustainability and noted that what they do now should not negatively affect future generations (i.e. economic, environmental, livability). Ms. Schneider stated the action plan for the Green Task Force was to think about priorities and the biggest payback in terms of results and benefits for what they would do for the City. The criteria was the cost of the programs, the benefits, resilience, carbon reductions and also green jobs are some of the things the Task Force is looking at. Ms. Schneider stated the Green Task Force created a website called sustainabledelray.org and noted that a couple of weeks ago she was in Tallahassee attending a conference with people all over the State and they were really impressed with the website. Mr. Fetzer congratulated the Green Task Force for getting off to a great start and noted the Commission had high expectations of this group because of the people the Commission appointed to the task force. He stated with the limited resources that the City has and with the current environment we have to look for things that have the biggest pay back. Mr. Fetzer thanked the Green Task Force for what they are doing and feels their input is going to be very valuable to the City. 7.C. City of Delray Beach Residents Academy Certificates -Janet Meeks (ADDEND U1V~ Janet Meeks, Education Coordinator, stated she is very proud to present the 13th graduating class and noted this was one of the best attendance groups so far. Mrs. Meeks and Vice-Mayor Montague presented City of Delray Beach Residents Academy Certificates to the following individuals: Donna Beldowicz Evelyn Bandel Saul and Rosalyn Elfman Laura Fay Evelyn and Arnold Fine Lester Fishbein Patsy Fox Judith Giovino Lowell and Joan Kaplan Kristina Maricic Jeff Meiselman Dianne and Patrick Mercardante Mary Eve Minieka Justin Nannariello Clayton Peart Ben Soto Kirsten Stanley Amanda Wallace Helen and Stanley Wasserstein Angela Williams 3 04/15/08 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF EASEMENT DEED/WALLACE DODGE: Approve and accept an easement deed for the installation of a water and sewer easement at Maroone Chrysler Jeep Dodge located at 1001 and 1111 Linton Boulevard. 8.B. REQUEST FOR SIDEWALK DEFERRAL/413 S.W. 6t'' AVENUE: Approve a request to defer the installation of a sidewalk in front of 413 S.W. 6t Avenue. 8.C. SERVICE AUTHORIZATION NO. 1.7/PGAL: Approve Service Authorization No. 1.7 to PGAL in the amount of $10,367.50 for the additional Threshold Inspection Services required for the completion of the Old School Square Parking Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Improvements Other/Old School Square Parking Garage). 8.D. TRAFFIC SIGNAL MODIFICATION/PALM BEACH COUNTY/N.E. 4t STREET IMPROVEMENTS: Approve payment in the amount of $82,170.50 to Palm Beach County for the modification of traffic signals at the intersections of N.E. 5th and N.E. 6th Avenue at N.E. 4th Street. Funding is available from 448-5461-538-65.31 (Storm Water Utility Fund/Other Improvements/N.E. 4th St- N.E. 5th NE 6thl. 8.E. S.E.-N.E. 5TH AVENUE RRR FUNDING/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve and authorize the Mayor to write a letter to the Florida Department of Transportation (FDOT) requesting that FDOT enter into an agreement with the City to combine FDOT's S.E.-N.E. 5th Avenue resurface, restore and rehabilitate (RRR) funding with the City's proposed beautification project and requesting that the City handle the design and construction of the combined funded project. 8.F. DUI GRANT APPLICATION/FLORIDA DEPARTMENT OF TRANSPORTATION: Authorize staff to submit an application to the Florida Department of Transportation (FDOT) Highway Safety Grant award in the amount of $110,376.00 for funding for the Police Department's Driving Under the Influence (DUI) program. The grant covers 50% of the salary for the DUI Enforcement Officer. Funding is available from 001-2115-521-12.10 (General Fund/Regular Salaries). 8.G. BULLETPROOF VEST GRANT/DEPARTMENT OF JUSTICE: Authorize staff to submit an application to the Department of Justice for funding in the amount of $13,275.45 for 45 vests for the Bulletproof Vest Program. 8.H. MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES: Approve a mutual aid agreement by and among Palm Beach County law enforcement agencies which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and provides for the rendering of assistance in a law enforcement emergency. 4 04/15/08 8_I. MUTUAL AID AGREEMENT/PALM BEACH COUNTY SHERIFF'S OFFICE (PBSO): Approve a mutual aid agreement between the City and the Palm Beach County Sheriffs Office (PBSO) for law enforcement assistance to jointly address aggressive driving behavior within the City and neighboring unincorporated areas of Palm Beach County. 8.J. PURCHASE ORDER INCREASE/CHAZ EQUIPMENT COMPANY, INC.: Approve an increase of $22,800.00 to purchase order #649857, Chaz Equipment Company, Inc., for modifications to turn lanes onto East Atlantic Avenue for the U.S. 1 Temporary Improvements Project. Funding is available from 334- 4141-572-65.99 (General Construction Fund/Capital Outlay/S.E.-N.E. 5th & 6th Avenue- S.E. 4th N.E.). 8.K SPECIAL EVENT REQUESTBED RACE: Approve a special event request to allow the 11th Annual Bed Race proposed to be held on May 16, 2008 from 5:30 p.m. until 7:30 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the use and closure of N.E. 2nd Avenue between N.E. 2nd Street and N.E. 3rd Street, to authorize staff support for traffic control and security, EMS assistance, trash removal and clean up, barricading, use and set up of the small stage, and preparation and installation of event signage; contingent on the sponsor providing a certificate of liability insurance. 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 31, 2008 through April 11, 2008. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Randolph & Dewdney Construction, Inc. in the amount of $148,757.44 for the construction of the Fire Station No. 1 Wind Retrofit Project. Funding is available from 334-2311-522- 62.87 (General Construction FundBuildings/Storm Hardening). 2. Contract award to All Florida Generator Installations, Inc. in the amount of $45,118.00 for the emergency backup generator for the new Information Technology (IT) Building. Funding is available from 334-6112-519-62.85 (General Construction Fund/Capital Outlay/City Hall Exp-IT Building). 3. Contract award to Bell South in the amount of $10,205.52 annually for a three (3) year contract for one (1) Primary Rate ISDN circuit for the support of the telephone lines at City Hall, the Community Center and the City Attorney's Office. Funding is available from 001-1802-512-41.10, 001-1802-512-41.10, and 001-1611-514- 41.10 (General Fund/Telephone Expenses (General Fund/Telephone Expense). 04/15/08 4. Contract award to McCabe Brothers Construction Corporation in the amount of $177,392.00 for renovations to the Atlantic Dunes Park Boardwalk. Funding is available from 334-4170-572-63.48 (General Construction Fund/Improvements Other/Atlantic Dunes Boardwalk). 5. Contract award to McCabe Brothers Construction Corporation in the amount of $54,826.62 for renovations to the Police Department Briefing Room, Report Writing and Mail Room. Funding is available from 334-2111-521-46.10 (General Construction Fund/Repair & Maintenance ServicesBuilding Maintenance). 6. Contract award to Technical Inspections, Inc. in the amount of $16,725.00 for Cleaning the Wet Well in Lift Station No. 50 on Lowson Boulevard. Funding is available from 442-5178-536- 68.15 (Water/Sewer Renewal and Replacement Fund/Improvements Other/Lift Station Rehabilitation). 7. Contract award to Technical Inspections, Inc. in the amount of $30,100.00 for rehabilitation of Lift Stations No. 94A, 95 and 107. Funding is available from 442-5178-536-68.15 (Water/Sewer Renewal and Replacement Fund/Improvements Other/Lift Station Rehabilitation). 8. Purchase award to Duval Ford in the amount of $27,534.00 for the purchase of two (2) F-150 4x2 Pick-Up Trucks including accessories and warranty via the Florida Sheriff's Association Rollover Contract #06-14-0821, Specification #33. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 9. Purchase award to HD Supply Waterworks, LTD in the amount of $40,436.53 for various piping materials to be installed by the City's in-house construction crew for the Lakeview Golf Course Reclaimed Water Project. Funding is available from 441-5181- 536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). 10. Purchase award to EVS in the amount of $18,976.00 for the purchase of two (2) T3 Personal Electric Mobility Vehicles for the Police Department. Funding is available from 115-2111-521- 64.90 (Special Projects Fund/Machinery/Equipment/Other Machinery Equipment). 11. Bid award to multiple vendors in the estimated annual amount of $187,000.00 for the purchase of chemicals and fertilizers for the City Funding is available from 001-4131-572-52.26 (General Fund/Operating Supplies/Gardening Supplies), 119-4144-572- 52.21 (Beautification Trust Fund/Operating Supplies/Chemicals), 001-4131-572-52.21 (General Fund/Operating 6 04/15/08 Supplies/Chemicals), 445-4714-572-52.26 (D.B. Municipal Golf Course/Operating Supplies/Gardening Supplies), and 446-4714- 572-52.26 (Lakeview Golf Course/Operating Supplies/Gardening Supplies). Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. SERVICE AUTHORIZATION NO. 1.7/PGAL: Approve Service Authorization No. 1.7 to PGAL in the amount of $10,367.50 for the additional Threshold Inspection Services required for the completion of the Old School Square Parking Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Improvements Other/Old School Square Parking Garage). Richard Hasko, Director of Environmental Services, stated this is a service authorization for PGAL (prime consultants for the Old School Square Garage). Staff is in the process of trying to final out all of the outstanding invoicing for the miscellaneous tasks that occur during the course of the project. He stated the total cost for the testing and inspections exceeded the estimated amount of $10,367.50 for additional geotechnical work that occurred early on during the garage construction. Mr. Hasko stated staff had concerns when they first started the project because of experiences on similar types of construction in the downtown area of excessive vibration because of the way the soils and the stabilization material and the pilings were being compacted on the site. Mr. Hasko stated because of that and trying to be very sure to be conservative about not having any damage to any of the adj acent buildings, particularly being so close to Old School Square and the gymnasium, staff had their geotechnical consultant out there doing a lot more monitoring than anticipated and unfortunately it has taken this long to catch up with the billing. Mr. Eliopoulos stated the testing portions was pretty much for the soil testing. Mr. Hasko stated the testing was for the soil testing and not for any of the structure. Mr. Eliopoulos stated this work has already been done and now the Commission is approving it and he would like to see this get approved prior to the work being done. Mr. Eliopoulos stated in the future he would like to have this set up where we have some kind of control of it just to make sure it is not being abused and he would like to see this before the work is done. Mr. Fetzer inquired about the Construction Manager at Risk project and the guaranteed maximum price and asked why this would not be covered under the scope of that. In response, Mr. Hasko stated the CM at Risk scope was for the GMP (Guaranteed Maximum Price) and when you get to the GMP you have a set of plans and you are ready to go to work and you have an established price for that and it is for the construction scope. For example, Mr. Hasko stated the testing is part of the consultants' 7 04/15/08 scope of services primarily because you do not want the testing lab who is actually doing the testing on the materials and the construction that the CM is installing to be working for the CM. He stated it also gives the City (the owner) better control over those consulting costs. Mr. Hasko stated it would have been difficult on this particular contract because it was a cumulative thing going on while the construction was happening. Mr. Eliopoulos moved to approve Item 9.A.A. (Service Authorization No. 1.7), seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A. TRAFFIC SIGNAL MODIFICATION/PALM BEACH COUNTY/N.E. 4t'' STREET IMPROVEMENTS: Approve payment in the amount of $82,170.50 to Palm Beach County for the modification of traffic signals at the intersections of N.E. 5th and N.E. 6th Avenue at N.E. 4th Street. Funding is available from 448-5461-538-65.31 (Storm Water Utility Fund/Other Improvements/N.E. 4th St- N.E. 5th NE 6th). Richard Hasko, Director of Environmental Services, stated this is a request for payment to Palm Beach County in the amount of $82,170.50 for traffic signalization modifications that were required when the City did the improvement work on N.E. 4th Street between the Federal pairs. Mr. Hasko stated this fell through the cracks in terms of getting this to the Commission for authorization to make this commitment to Palm Beach County and this was something that had to be done in order to finish the project. He stated the project was dragging out waiting for this to be done but certainly staff realizes and acknowledges that at their level they do not have the authority to make this kind of commitment. Mr. Hasko apologized to the City Commission for staff s over site. Mr. McDuffie moved to approve Item 9.A.A.A. (Traffic Signal Modification/N.E. 4th Street Improvements), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.A. PRELIMINARY AND FINAL PLAT/MIDTOWN DELRAY: Consider approval of a preliminary plat and certification of a final plat fora 9.85 acre mixed-use development containing 116 fee-simple townhouse lots (32 of which are subject to the City Workforce Housing Ordinance) and 29,571 square feet of medical office to be platted as Midtown Delray, located at the southwest corner of Linton Boulevard and Old Germantown Road, west of Park Access Road. (Quasi-Judicial Hearing) Vice-Mayor Montague read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. 8 04/15/08 Vice-Mayor Montague asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he had two emails; one email was on the current condition of the property and the second one on actually how the City allowed Blood's to sell the property to begin with and there was no reply. Vice-Mayor Montague stated she too received the same emails and she assumes that these were forwarded to the City Clerk She stated she also had a conversation with Michael Weiner. Mr. Eliopoulos stated he received the same emails and there was no response. Mr. Eliopoulos stated he did meet with the applicant and Michael Weiner. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2008-069 into the record. Mr. Dorling stated this plat was before the Commission on March 18, 2008 at which time they recommended for it to be rescheduled to a time certain of April 1, 2008. There was direction given at that time that the two areas of conditions of approval that were granted on December 11, 2007 should be addressed prior to consideration of the plat. Those related to two things with respect to unit sizes, specifically a need to widen the garages and expand the master bedroom sizes and it was acknowledged that those two might modify the actual lot lines within the plat. Therefore, it should be appropriately addressed prior to deliberation of the Commission. He stated the second condition was that the Commission wanted a reference to the master association to maintain unified control and responsibility over certain common elements including drainage, cross access and landscaping. Mr. Dorling stated the applicant has gone back and addressed both of those items by adding the language on the plat that is before the Commission as well as changing one of the two car garages and reduced it to a one car garage and taking the corresponding dimension and spread it out over the units. He stated this gives the applicant the appropriate dimensions for the garages and they have done some floor plan changes to address the concerns relating to the master bedroom units. Staff recommends approval of the plat. Michael Weiner, Attorney with Weiner & Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, representing the Applicant (Midtown Delray Development). He stated they are here this evening for the preliminary plat and certification of the final plat. The matter has been before the Planning and Zoning Board (P&Z), the Site Plan Review and Appearance Board (SPRAB), and the City Commission with respect to the S.A.D. zoning and has been approved with certain conditions. Mr. Weiner stated the reason for the numerous meetings and approvals is that this particular area is zoned S.A.D. (Special Activities District) and pursuant to the LDRs that a detailed Master Plan was approved by the City Commission. The matters related to the Master Plan, its zoning and the site plan are not the matters before the Commission this evening. The matters the City Commission is considering this evening are the plat and as mentioned by staff the plat was continued from December 2007 in order to address two conditions. He stated they have gained the additional space resulting in a two-car garage width of 19 feet 2 inches and they have gained spaced for the single car garages so that they are at least 12 foot in width. Mr. Weiner stated there are new layouts of the master bedrooms that almost make them square in dimension, second floor layouts were improved, kitchen sizes increased 9 04/15/08 and the hallways were eliminated with a new entryway design. He stated the appropriate language has been placed on the plat. Mr. Weiner stated all items required under Section 2.4.3. of the LDRs controlling plats have been met. Mr. Weiner stated plats are ministerial in nature and based upon uniform standards and it is out of the ordinary for plats to be subject to this scrutiny and on most occasions plats are approved on the Consent Agenda. However, Mr. Weiner stated they meet all requirements even under this stricter scrutiny. Mr. Weiner stated amble and substantial competent evidence to support the findings are in the record as a result of the staff report to the Planning and Zoning Board, staff report to the Site Plan Review and Appearance Board (SPRAB), and the five previous Board Orders that were made with respect to this particular project. Mr. Weiner stated they meet each and every provision of the Board Order and urged the Commission to make an affirmative vote. Vice-Mayor Montague stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 22-08, to please come forward at this time. Dr. Joseph Provenzano, 1921 S.W. 36t'' Avenue, Delrav Beach, inquired about the depth of the garages and stated he recalls it was supposed to be 20 x 20. He stated the dimensions of the master bedroom initially was 9.6 x 15. Dr. Provenzano asked if there has been consideration now that we have lost 16 two-car garages and lost 16 parking spaces. He stated driving here this evening he looked at the library and the condos across the street with commercial down below and the setback from the driven road is more than 15 feet and in his opinion you feel like you are in a canyon. Dr. Provenzano stated this project is in a residential area and we are going to be at 15 feet setback from the driven road and feels this is sad. Dodee Firestone, 16209 Bridlewood Circle, Delrav Beach, stated the last time she saw the plat idea the medical center was going to be facing Linton Boulevard and asked if this entire dimension has been altered. She asked if on the left side of the plat are now apartments and part of the apartment complex, what happened to the green area that was located to the left of the medical complex. Pauline Moody, 609 S.W. 8t'' Avenue, Delrav Beach, expressed concern over what this building exactly is. She stated she does not see a reason for town homes in this area and would like some clarification as to why this project is needed. There being no one else from the public would like to address the Commission regarding Ordinance No. 22-08, the public hearing was closed. There was no cross-examination. The following individual gave a brief rebuttal: 10 04/15/08 Mr. Dorling stated the configuration in relationship of the medical office and the town houses remains the same and the overall footprint of each of the residential buildings remains the same. He stated the lot lines within that original footprint have changed between what was seen previously and now. Mr. Weiner stated the garages are 28 feet 9 inches deep and noted this far exceeds the length of a standard car which is 16 feet or less. He stated master bedrooms are 11 feet 6 inches x 13 feet 8 inches in the 22 foot unit and 12 feet x 13 feet 4 inches in the 17 foot unit. Mr. Weiner stated the architectural elevations have not changed and the green area is still the same. He stated there is no reconfiguration and is the same thing that was approved at the Site Plan Review and Appearance Board (SPRAB) which went back on April 8, 2008 for a modification all of the things one does not see when you see a plat and SPRAB has approved each one of these. Mr. Weiner stated with respect to why this project is needed, there have been 12 hearings and 5 board orders and noted that workforce housing has been a driving consideration behind this. He stated they have met the burden on that with respect to this on many different occasions. Vice-Mayor Montague inquired about the garage depth and the loss of the parking spaces. Mr. Dorling stated they do make the parking requirement by the LDRs and they provided a significant amount of on-site guest spaces spread out throughout the community. He stated the parking requirements is based upon the number of bedroom counts so aone-garage unit may in fact require less depending on the number of bedrooms. Vice-Mayor Montague stated there was a question about which way the medical facility is facing. Mr. Dorling stated none of the original building footprints have changed with this modification or their relationship to each other. Mr. Eliopoulos stated there was never a question with a depth to the garages but it was the width. He stated the Commission request the garages to be 18 feet minimum and they are at 19 feet plus. Mr. Eliopoulos stated the master bedrooms were actually smaller than the other rooms and now they are the largest rooms. Therefore, he stated the applicant has corrected these situations. Mr. Eliopoulos stated the plat has not changed but the actual configuration of the medical building did not seem appropriate to be facing the residents and the applicant has now flipped that building so it is facing Linton Boulevard. Mr. Eliopoulos stated for the benefit of the public that wanted the Commission to respond to the emails, the emails are really not the Commission's issue but it is Code Enforcement. For the benefit of the public, Mr. Eliopoulos stated the plat has nothing to do with Code Enforcement and for the public that wanted the Commission to respond to that and hold this up, the plat has nothing to do with Code Enforcement that is a separate division and they are handling that. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). 11 04/15/08 Mr. Fetzer moved to adopt the Board Order, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. Commissioner Eliopoulos declared a conflict of interest for Item 10.A. and stepped down from the dais. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 22-08: Consideration of a privately sponsored rezoning from GC (General Commercial) to AC (Automotive Commercial) fora 6.28 acre parcel located on the east side of Federal Highway (a.k.a. The Ralph Buick Dealership). (Quasi-Judicial Hearing) The caption of Ordinance No. 22-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GENERAL COMMERCIAL (GC) DISTRICT TO AUTOMOTNE COMMERCIAL (AC) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY (U. S. HIGHWAY NO. 1) AND FLADELL' S WAY (AVENUE "F"), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, "APRIL 2007" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. 12 04/15/08 Vice-Mayor Montague asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he had no ex parte communications to disclose. Vice-Mayor Montague stated she spoke with Mr. Weiner concerning the status of the parcel as well as Mr. Mitch Kirschner. Mr. Fetzer stated he received ten emails; eight in favor of the rezoning and two opposed. Mr. Fetzer stated he also met with the Board of Directors of the Tropic Isle Association and met with the President and their Boards. Mr. Fetzer stated he turned his emails over to the City Clerk. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-OS into the record. Mr. Dorling stated this is a privately sponsored rezoning from GC (General Commercial) to AC (Automotive Commercial) fora 6.28 acre parcel. This is the former location of the Ralph Buick auto dealership that operated on the site from 1972 to 2005. In 2005, the Commission entertained a rezoning from AC to GC submitted by New Century Development Group for approval established with amixed-use development consisting of 13,781 square feet of retail floor area, 13,900 square feet of office floor area, 16 condominium dwelling units, and 59 townhouse dwelling units. The associated conditional use was approved in April 2006. In November, 2006 the Planning and Zoning Board recommended approval of the rezoning request. Mr. Dorling stated it came to the Commission on December 5, 2006, and it was approved on first reading and then it was deferred. Mr. Dorling stated now the applicant would like to resurrect that rezoning request and because of the length of time it did go back for another first reading at the April 1, 2008 City Commission Meeting and it was forwarded to this for a second reading. Based upon the findings in the staff report, staff recommends approval of the request. Michael Weiner, Attorney with Weiner and Aronson, P.A., 10 S.E. 1St Avenue, Delray Beach, stated they are here this evening to discuss the rezoning from GC (General Commercial) to AC (Automotive Commercial) with respect to the property referred to as Ralph Buick. He stated there has been substantial realignment of the real estate market since the rezoning of this property to GC. The dealership is located on the east side of Federal Highway south of Linton Boulevard that is approximately 6.82 acres and all of the properties surrounding it are developed. Mr. Weiner stated those properties along Federal Highway are commercial in nature with the significant number of properties in the area being devoted to automotive use. The original staff report for the first reading which was held April 1, 2008 confirmed that rezoning to AC met the required findings under LDR Sections 3.1.1, 3.2.2., and 2.4.5(D)(5). He stated there is also an additional staff report this evening and the Planning and Zoning Board had a recommendation unanimously for approval. The proposed AC zoning will be complimentary with the current uses to the north, south, and west of the property those are all commercial in nature and most of them are AC zoning in and of themselves. He stated even though the properties to the east are residentially zoned and contain several residential uses they are buffered by a landscape strip, a masonry wall, and Florida Boulevard which helps to mitigate any possible impact of AC. The distance from the closest residential building to the dealership is approximately 163 feet. The dealership 13 04/15/08 was in operation as a car dealership since 1972 and during that period of time the values in that residential area have increased by as much as 1,500 percent which is higher than the State average which is 330 percent. Mr. Weiner stated the existence of this use has never been a negative impact on those residential areas. He stated given the long utilization of the property for automotive use it is appropriate to allow the AC zoning designation to be re-established. He stated when directly comparing the automotive use to other uses allowed under GC those allowed under AC zoning actually result in a net reduction of intensity. Mr. Weiner made reference to a traffic generation report compiled by the ITE Trip Generation Manual and noted that new car sales generate much lower traffic than banks or drug stores which demonstrates his point on intensity of use. As it relates to traffic, automotive uses would be less intensive than commercial. He stated Section 3.2.2 which are the standards for rezoning are met because the rezoning shall result in allowing land uses which are compatible with adjacent and nearby land uses. He stated given the technological turn in the automotive industry, the technology associated with personal transportation will become more and more environmentally friendly and will be similar to any other consumer product in its sale and presentation. He stated an additional requirement is contained in Section 2.4.5(D)(5) of the LDRs and the City Commission must make a finding that the rezoning fulfills one of the reasons for which a rezoning change is being sought and noted they meet all of the reasons. Mr. Weiner made reference to recent newspaper articles demonstrating the turn in the residential market place and because of the change in the residential market throughout South Florida and in the City of Delray Beach the current zoning for residential units is no longer appropriate. Policy A.2.4 of the Future Land Use Element of the Comprehensive Plan indicates that automobile uses are a significant land use within the city and Objective A-1 of the Future Land Use Element of the Comprehensive Plan states that the property shall be redeveloped in a manner so that its use and intensity is appropriate and complimentary to those adjacent land uses. Mr. Weiner distributed articles and a memorandum from the City of San Jose, California and from Palo Alto, California and noted they discuss the contribution that automobile dealerships make to the community both as a generator of tax revenue and an employment center. He stated a forecast of the revenues and the sales tax charges that would be against those revenues would result in approximately $150,000.00 per year added to the City's budget and in addition to whatever real estate taxes the City generates. He stated this is because sales revenues at automobile dealerships are so high that the actual percentage of the sales tax that the City is able to keep becomes significant. Mr. Weiner stated AC zoning designation is complimentary to the other surrounding automobile dealerships. The impact on any residential neighborhood has been mitigated and the proof is that there was co-existence of this use with a residential neighborhood over a 30 year period with an unprecedented increase in value five times higher that what the State average was and did not have a negative impact during its existence. Mr. Weiner stated traffic intensities are actually decreased; changes in circumstances exist so the requirements of the local ordinances are met, and the change is that there is a substantial change in the residential real estate market. The present Comprehensive Plan policies are met, the Future Land Use Map designation is consistent. The use will supply a significant source of revenue beyond its real estate tax contribution. Therefore, Mr. Weiner, for all of these reasons, urged the Commission to approve a change of zoning from GC to AC and stated all requirements 14 04/15/08 for a zoning change are met. Vice-Mayor Montague stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There was no cross-examination or rebuttal. Mr. McDuffie stated he was on the Planning and Zoning Board when these changes were made the first time and noted that he recalls the process quite well. He stated it is compatible utilization with what is on Federal Highway and supports the rezoning. Mr. Fetzer stated he had a lot of discussion with some of the local residents in that area and for the most part they did not have a problem with changes coming back to the automotive use for some of the reasons mentioned before. He stated the residents to the east of there are concerned that we do keep a wall and that we do not have driving of vehicles in the residential neighborhood. Mr. Fetzer stated Mr. Weiner outlined things (Tab #2) that addressed many of these things and asked if this is part of the City's zoning ordinance as it now exists for AC (Automotive Commercial). Mr. Dorling stated yes it is. Mr. Fetzer stated if a new dealership comes in if this is approved then how this is all enforced. Mr. Dorling stated they would have to re-establish the use by going through the site plan process and any site plan that came in would be reviewed for consistency with these criteria. Mr. Fetzer stated if these uses and protection for residential areas are adhered to he would support the rezoning. Mr. McDuffie moved to adopt Ordinance No. 22-08 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 10.B. ORDINANCE NO. 20-08 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) pertaining to Assisted Living Facilities, Continuing Care Facilities and Nursing Homes. The caption of Ordinance No. 20-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY REPEALING SECTIONS 4.3.3(C), "ADULT CONGREGATE LIVING FACILITY" AND 4.3.3 (G), "CONTINUING CARE FACILITIES", AND AMENDING SECTION 4.3.3(H), "CONVALESCENT HOMES, HOMES FOR THE AGED, NURSING HOMES, 15 04/15/08 REST HOMES", IN ORDER TO PROVIDE FOR UPDATED REGULATIONS REGARDING SAME; AMENDING SECTIONS 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD), 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", 4.4.28, "CENTRAL BUSINESS DISTRICT - RAILROAD CORRIDOR (CBD-RC)", AND 4.4.29, "MIXED RESIDENTIAL OFFICE AND COMMERCIAL (MROC) DISTRICT", IN ORDER TO ALLOW ASSISTED LIVING AND CONTINUING CARE FACILITIES AS PERMITTED USES IN THESE ZONING DISTRICTS; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", IN ORDER TO ALLOW ASSISTED LIVING AND CONTINUING CARE FACILITIES AS CONDITIONAL USES IN THIS ZONING DISTRICT; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", TO REMOVE ASSISTED CONGREGATE LIVING AND CONTINUING CARE FACILITIES FROM THE LIST OF CONDITIONAL USES IN THIS ZONING DISTRICT; AMENDING APPENDIX "A" TO REPEAL THE DEFINITIONS OF "ADULT CONGREGATE LIVING FACILITY" AND "CONVALESCENT HOMES, HOMES FOR THE AGED, NURSING HOMES, OR REST HOMES" AND ENACTING A DEFINITION OF "ASSISTED LIVING FACILITY" AND "NURSING HOME" AND PROVIDING AN UPDATED DEFINITION OF "CONTINUING CARE FACILITY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office). (The official copy of Ordinance No. 20-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated these changes are to achieve compliance with the Federal Fair Housing Law and adds Assisted Living Facilities and Continuing Care Facilities as permitted uses in zoning districts that currently allow medium density residential as permitted uses. They are also added as conditional uses in zoning districts that allow medium density residential as a conditional use. 16 04/15/08 At its meeting of March 17, 2008, the Planning and Zoning Board considered the text amendment and no one spoke on the issue. The Board unanimously recommended approval on a 5 to 0 vote. Vice-Mayor Montague declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 20- 08, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 20-08 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and ll.B. From the Public. None. Agenda. At this point, the Commission moved to Item 9.B. of the Regular 9.B. CONDITIONAL USE EXTENSION REQUEST/PARC PLACE NORTH AT DELRAY BEACH: Consider a conditional use extension request for Parc Place North at Delray Beach, a proposed multiple family and mixed-use development within the GC (General Commercial) Zoning District, located on the east side of North Federal Highway approximately 860 feet south of Gulf Stream Boulevard. (Quasi-Judicial Hearing) Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Vice-Mayor Montague asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-384 into the record. 17 04/15/08 Mr. Dorling stated this is an extension request of the conditional use request that was approved for the North Federal Highway site north of the old drive-in site on the east side of Federal Highway. The portion that the Commission is seeing this evening is limited to the residential piece of this mixed-use development. Mr. Dorling stated this is a 3.85 acre site and includes 6,435 square feet of retail floor area 35,647 square feet of office floor area, and 30 condominium residential units and the multiple family portion of the development consists of 15 townhouse dwelling units that are located along the east side of the development. At its meeting of April 4, 2006, the City Commission approved the conditional use associated with the proposed development to allow a multiple family residential development in the GC zoning district. At its meeting of June 28, 2006, the Site Plan Review and Appearance Board approved the Class V site plan application for the project. Because of market conditions, they are requesting an 18 month extension at this time. Mr. Dorling stated they have proceeded with certain things on the site such as demolition of the existing structures approximately one year ago. Therefore, Mr. Dorling stated this is under the category of "Construction Has Commenced". The required findings in the LDRs do not require any additional findings to be made at this time and would allow an extension request. The extension request would extend it to October 4, 2009. Staff has requested that there be a condition attached to this similar to what has been done in other sites that may be laying fallow while the market is adjusting. Staff has asked that the site be seeded, that the grass be watered in at this time and that the construction fence that is around the site be removed until construction is eminent. Staff recommends approval. Dale Meaux, Architect with API Group, representing Parc Place North, stated they obtained approval for a conditional use previously as well as obtained site plan approval. Since that time, they have working to resolve issues to get their site plan certified and submitted construction documents to the City for building permits and they have received comments back from the City. Mr. Moe stated they are in the process of responding to the comments. In addition, he stated there is also replatting involved and that is in progress as well with the comments being responded to on the submission. He stated the market has changed and they are now re-evaluating the development plan and they are going to phase it and hold off on the residential units until the market improves. Mr. Moe stated they are continuously working on the project and expect it to come to fruition and urged the Commission to approve. Vice-Mayor Montague stated if anyone from the public would like to speak in favor or in opposition of the conditional use extension request, to please come forward at this time. There was no cross-examination or rebuttal. Mr. McDuffie asked if this extends to the time construction commences. In response, Mr. Dorling stated the Code has three categories (1) "No Construction Occurred", (2) "Construction Has Occurred" and (3) "Construction Has Commenced" 18 04/15/08 which means that if more than 25% of the project is complete by the time the expiration date runs out then it is considered vested and no further extension is required. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. McDuffie moved to approve the Board Order as presented (approving the conditional use extension request until October 4, 2009 subject to the condition that the site is seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.C. WAIVER REQUESTS/HISTORIC DEPOT SQUARE: Consider two waiver requests to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking Distance", to allow a reduction in the stacking distance from the required 50 feet for a parking area that has 51 or more parking spaces; and to Section 6.1.3(B), "Sidewalk Design Requirements", which requires a 5-foot sidewalk along both sides of Depot Road and N.W. 2"d Street for the Historic Depot Square. (Quasi-Judicial Hearing) Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Vice-Mayor Montague asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-315 into the record. Mr. Dorling stated this is a request for the City Commission to consider two waivers from the LDRs associated with the Class V site plan for the Historic Depot Square project: (1) LDR Section 4.6.9(D)(3)(c)(1), which requires a minimum stacking distance of 50 feet for a parking area that has 51 or more parking spaces and (2) LDR Section 6.1.3(B), which requires a 5-foot sidewalk along both sides of Depot Road and N.W. 2"d Street. At its meeting of March 26, 2008, the Site Plan Review and Appearance approved the Class V site plan for the Historic Depot Square project. Bob Currie, Architect with Currie Sowards Aquila Architects, gave a brief overview of the site plan. 19 04/15/08 Vice-Mayor Montague stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. There was no cross-examination or rebuttal. Mr. McDuffie stated when he drove this many months ago it seems to him that in this commercial business off of 2"d that there was semi with a 40 foot trailer in there. He asked if the entrance circle is going to be able to handle that turning radius to get a semi in there. In response, Mr. Currie stated this is large enough for a fire truck to go around it (90 feet). Vice-Mayor Montague inquired about the buffering along the railroad tracks and asked if there is something in the ordinances that require additional buffering. Mr. Dorling stated the City has a minimum requirement between vehicular travel lanes and property lines which in this case is five feet. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to approve the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.D. SPECIAL EVENT REQUEST/HAITIAN FLAG DAY EVENT: Consider a special event request for the Haitian Flag Day Celebration sponsored by Toussaint L'Ouverture High School on May 18, 2008 at Old School Square from noon until 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for use of a part of the Old School Square surface lot, a portion of NE 1st Avenue, and the east side of the gravel lot on NE 1st Avenue for vendor parking; to authorize staff support for security and traffic control, EMS assistance, trash removal and clean up, barricading, generator use, and event signage; contingent upon receipt of a certificate of liability insurance. The event sponsor has requested financial assistance. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to endorse the Haitian Flag Day Celebration sponsored by Toussaint L'Overture High School on May 18, 2008 from noon until 10:00 p.m. at Old School Square to grant a temporary use permit for use of a part of the Old School Square surface lot portion of N.E. 1st Avenue and use of the east side of the gravel lot on N.E. 1st Avenue/1st Street for vendor parking. Commission is also requested to authorize staff support for security and traffic control, EMS assistance, trash removal and clean up, barricading, generator use, and event signage. The applicant is also requesting financial assistance. 20 04/15/08 The estimated overtime for this event is $5,575.00 and trash boxes at $350.00 for a total of $5,925.00. Per event policies and procedures the charge to the event sponsor would be approximately $3,325.00. Staff recommends approval without the financial assistance contingent on the receipt of the required insurance certificates. Mr. McDuffie moved to approve the Special Event Request for the Haitian Flag Day Celebration with staff recommendation that the City comply with the existing event policies and procedures, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Vice-Mayor Montague -Yes. Said motion passed with a 4 to 0 vote. 9.E. APPOINTMENT OF OUTSIDE COUNSEL/REVIEW ORDINANCE REGARDING TRANSIENT RENTALS: Consider approval of outside counsel Weiss, Serota, Helfman, Pastoriza, Cole and Boniske, P.L. to assist in the review of an ordinance regarding transient rentals. The City Attorney stated staff is requesting appointment of outside counsel to review ordinances regarding transient rentals. Mr. Fetzer moved to appoint outside counsel Weiss, Serota, Helfman, Pastoriza, Cole and Boniske, P.L. to assist in the review of an ordinance regarding transient rentals, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 12. FIRST READINGS: 12.A. NONE. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated with regard to the auto dealership and why he presented articles from California, they distribute sales tax to cities based on it being collected there and that is not the case in Florida. He stated in Florida, it is distributed to the County based on the point of collection and within the County it is distributed basically on population. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 21 04/15/08 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer commented about the deadlines for the Wi-Fi Agreement. The City Attorney stated she believes the deadline is April 19th and anticipates that the Commission will be discussing the status of the Wi-Fi Agreement at the very next meeting after April 19th if they have not performed. Secondly, he stated the Commission did have several public meetings regarding narrowing the pairs for Federal Highway and a lot of the reasons were discussed very thoroughly as far as why the Commission felt from a safety standpoint this area should occur. Mr. Fetzer stated now there is a temporary set-up that is a trial and he feels this is what has caught a lot of people by surprise. Mr. Fetzer stated some people were not aware of the trial or the appearance of the temporary set-up and he feels this is what has caught a lot of people off guard and why the Commission is receiving a lot of complaints about it. Mr. Eliopoulos stated even if the Commission communicated the best way they thought they could have, in his opinion, there would still be people who do not read or see the City's website and would still be calling inquiring about what is going on. The City Manager stated there will be signage installed. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated he has received emails and telephone calls from residents regarding what is going on with Federal Highway. He feels that the City needs to get a little more information out to the general public. For the most part, Mr. Eliopoulos stated he is still on board with this and believes this is the future for Delray Beach. He stated maybe it is not going to be the most appealing thing until money comes through but he still believes in this wholeheartedly. The City Manager stated staff got the extra information up on the City's website this afternoon. 13.C.3. Mr. McDuffie With regard to Federal Highway, Mr. McDuffie stated there have been many discussions and meetings with regard to narrowing the pairs for quite some time. Secondly, he stated Circle on the Square was a fabulous event and he commended Joe Gillie and others who helped organize the event. Mr. McDuffie stated the event was well attended and was a very successful event. 22 04/15/08 Mr. McDuffie stated about twelve new bills regarding Ad Valorem taxation hit the House floor that he is looking at but he has not had a chance to review them. He stated the Florida League of Cities has been sending out information on some of them. He stated they continue to want these things up on the preliminary tax roll which is July 1, 2008 and if there is any impact to the City he will pass this on. Lastly, Mr. McDuffie stated there are now designated funds for funding tri-rail. 13.C.4. Vice Mayor Montague Vice Mayor Montague commented about the photographs taken by the Delray Camera Club of sites throughout our community. Secondly, she and Commissioner McDuffie gave out the trophy and spoke on International television USTA (United States Tennis Association) for Youth Tennis this weekend. Vice Mayor Montague concurred with comments expressed by Mr. Eliopoulos and stated the Commission has been talking about this a long time. She stated the Community Redevelopment Agency (CRA) paid for studies that were done and it has been studied extensively. Vice Mayor Montague stated although there is some negative feedback but it has been proven that this is going to be the best thing for our city. She stated it is about future growth and the whole concept that has been talked about for years about making this a pedestrian friendly downtown. In addition, she stated it connects Atlantic Avenue east of Federal Highway and west of Federal Highway. Vice Mayor Montague stated it does all of these things that the City has worked on for so long and so hard on she will be behind the effort of moving this forward. Vice Mayor Montague stated the Run for Pun on Saturday was wonderful. She stated a number of cities were represented besides Delray Beach and noted that Palm Beach County Sheriff's Office, City of Boynton Beach, City of Davie, City of West Palm Beach, and the City of Plantation were also present. She stated Circle on the Square at Old School Square was great. Vice Mayor Montague stated the Art League Showcase of Young Artists was last night and commented that they do an incredible j ob. Lastly, Vice Mayor Montague stated everyone misses Mayor Ellis very much and feels she does a wonderful job. There being no further business, Vice-Mayor Montague declared the meeting adjourned at 8:08 p.m. 23 04/15/08 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on April 15, 2008, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 24 04/15/08 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA PRELIMINARY AND FINAL PLAT APPROVAL MIDTOWN DELRAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This preliminary and final plat approval request has come before the City Commission on April 15, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the preliminary and final plat approval requests for the Midtown Delray Development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 1. LDR REQUIREMENTS: LDR Section 3.1_.1_ Required Findings: Pursuant to Section 3.1.1 the following provisions must be met for land development applications: (A} 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. {B) Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made #hat the public facility needs, including public schools, of the requested land use andlor development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of, needed capital improvements in order to maintain the f-evels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. {C} Consis#ency: A Ending of overa#I consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically fnds that the beneficial aspects of the proposed project (hence compliance with some standards} outweighs the negative impacts of identified points of conflict. {D) Compliance with LDRs: Whenever an item is identifed elsewhere in these Land Development Regulations (LDRs}, it shall specifically be addressed by the body taking final action on a land development applicationlrequest. Such items are found in Section 2.4.5(J) and in special regulation portions of individual zoning district regulations. I~¢M `I A. ~~5~ Does the preliminary and final pla# meet the requirements of Section 3.1.1? Yes 4 No 4 LDR Section 3.2.3 Standards for Plat Actions: Pursuant to Section 3.2.3 the following provisions must be met for plat actions: (A} Building design, landscaping, and lighting {glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. {B) Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. (C) Open space enhancements as described in policies found under Objective B-1, of the Open Space and Recreation Element are appropriately addressed. {D) The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. 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. {E) Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. {F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. {G) Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. {H} 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. (I) 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. {J} Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the 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. 2 Does the preliminary and final plat meet the requirements of Section 3.2.3? Yes 4 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements including, but not limited to, Section 2.4.5{J) .pertaining to major subdivisions in existence at the time the preliminary and final plat applications were submitted and finds that the 1_DRs are met and #hat the determinations set forth in this Order are consistent with the Comprehensive Pian. 4. The City Commission finds there is ample and competent substantial evidence to support its fndings 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 X denies the preliminary and final plat for Midtown. The City Commission hereby adopts this Order this 15~' day of April, 2008, by a vote of 4 in favor and 0 opposed. A ST: ren a Montague, -Mayor r eveile Nubin, .,ityy Clerk 3 IN .THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EIGHTEEN MONTH EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL GRANTED TO PARC PLACE NORTH AT DELRAY BEACH FOR STAND ALONE MULTIPLE FAMILY DEVELOPMENTS IN THE GC {GENERAL COMMERCIAL} ZONING DISTRICT (THE EXTENSION REQUEST) ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named eighteen month conditional use extension request has come before the City Commission on April 15, 2008. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for "~~ the Parc Place North at Delray Beach development. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(2). 4. Section 2.4.4{F)(1 } requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F}{1}been met? Yes 4 No 0 5. In making a determination under LDR Section 2.4.4(F){2} the Commission shall consider the following regarding the diligence and good faith of the Devebper: When the construction commenced; I~ ~, q 8 ~~M~s The extent to which construction has proceeded; The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. Has the Developer shown diligence and good faith to commence and complete construction of the Parc Place North Development Project? Yes 4 No 0 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8: 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. 10. Based on the entire record before it, the City Commission approves X denies the conditional use extension request to allow the previous conditional ,use approval to be valid until October 4, 2009 subject to the condition that states: That the site is seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. The City Commission hereby adopts this Order this 15~' day of April, 2008, by a vote of 4 in favor and 0 opposed. 1 Brenda Montague, ice-Mayor ATT T: ~ . ~ ~ '"~c'"~' Ch epe Nubin City Clerk 2 r IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR HISTORIC DEPOT SQUARE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests to reduce the minimum required stacking distance for parking areas that have mare than 51 spaces and to waive the requirement for the installation of a sidewalk along the west side of Depot Road and on both sides of NW 2~d Street have come before the City Commission on April 15, 2008. 2. The Appiicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Historic Depot Square Project. All of the evidence is a part of the record in this case. Regeired findings are made in accordance with Subsection i. 1. WAIVERS: Pursuant to LDR Section 4.fi.9{D)(3}(c}{1}, the minimum stacking distance for a parking area that has 51 or more parking spaces is 50'. All of the proposed driveways along ----- NW 2"a Street and Depot Road do not provide the minimum required stacking distance. The following table identifies the Applicant's waiver request: Road Proposed Required Requested Stacking Stackin De th Stackin De th Reduction East driveway south side of 17 feet 50 feet 33 feet NW 2"~ Street West driveway south side of 20 feet 50 feet 30 feet NW 2"d Street West driveway north side of 31 feet 50 feet 19 feet NW 2"d Street South driveway along Depot 11 feet 50 feet 39 feet Road Middle driveway along Depot 36 feet 50 feet 14 feet Road North driveway along Depot 15 feet 50 feet 35 feet Road North driveway at 17 feet 50 feet 33 feet roundabout Pursuant to LDR Section 6.1.3(6}, a 5-foot sidewalk is required along both sides of Depot Road and NW 2"d Street. The applicant has requested a waiver from installing a sidewalk along the west side of Depot Road and both sides of NW 2"d Street. Pursuant to LDR Section 2.4.7(6){5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: }em Q C ~l~ (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. Would the waiver, as to all of the streets listed above, of Section 4.6.9(D){3){c}(1 ), regarding the reduction of stacking distances comply with the requirements of 2.4.7{B){5}? Yes 4 No 0 Would the waiver of Section 6.1.3{B), perkaining to sidewalks, as to the west side of Depot Road and both sides of NW 2nd Street comply with the requirements of 2.4.7(6)(6)? Yes 4 No 0 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. 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 or denies the waiver requests as follows: LDR Section Approve Deny 4.6.9.(D){3)(c){1 } (stacking distance reduction) X 6.1.3(6) (sidewalk requirement} X 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15~' day of April, 2008, by a vote of 4 in favor and 0 opposed. ATTEST: Brenda Montague, i e-Mayor ~9y~yC~ velle Nubin, Cit Clerk 2 WHO Ml1S'f FILE FORM 8B This farm is for use by any person serving at the ooUnty, `city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee- It applies equally to members of advisory and non-advisory t~odies who are presented with a voting. confid of interest under Section 112.3143, Florida Statutes. Your responsibilwes under the law when faced wikh voting on a measure in which you have a ooMict of interest will vary•greatly depending on whether you hold an elective or appointive position: For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form- ' ' INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIbA STATUTES A person holding elective or appointive county, muniapal, or other local public office fNUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss: Each elected or appointed kx~l officer also is prohibited from knowingly voting 'on a mea- ire which inures to the speciaE gain or lass of a principal {other than a government agency) by whom he or she is retained (including the Trent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or _ the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under 5ec_ 163.356 or 163.357, F.S., and officors of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a `relative" includes only the officer's father, mother, son, daughter, husband, wife, bro#heG sister, father-in-taw, mother-in-law, son-in-taw, and daughter-iMaw. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation 'are not listed on any national or regional siock exchange). f • a a • • R • • f • • R t ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining tram voting; and WITHIN 15 GAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. • 4 • • ; • R • f a f • ! f R APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may partidpate in theso matters- However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you ar at your direction. ' YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN_ • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the farm in the minutes. (ConEinued on aEher side} CE FORM 88 - EFF. 1!2000 PAGE t ~~em 10.x. APPdINTED ~D~~~fCERS"(~cintinu~d~ • /~ dopy. of tfi~ ~r~t (rn~st be: provided immediateiy'to the Other members od ttte agency.. • The fortri mtst~be read, publicly at,the next meeting after the,fomt is filed. IF YOU MAKE NE)°A'i`TEMPT TO INFLUGNC:E THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You mWSt::dlSclo~e orally tie nature of your ognfiid in the measure: before participating. ;. , • You must complete the form and file it~wdhin ~1$ days aiker the vote occurs with the'~ersGri responsible for recording the'mit-utes of:the ` meeting, who mustinoorporate the form in the minutes:~A copy of the form must be provided immediately to the other members of the agency, and the.form must be read. publicly at the next meeting after the fomt is. filed. - DISCLOSURE OF LOCAL OFFICER`S. INTEREST I~_ Gary P. EliopouLos , hereby disclose that on ~ t 5 , 20, ~~: {a) A mea9Ult+e. c~rrte or wilt~coirse before' rrmy agency Which {check orte) ` . inured to my special private gain or loss; inu~-tD°tote'spedetgairi~orl~ss'bfmybusinessdssoaate,_KS~3 i4 Eliopdulos ~Architec.ts, P.A. inured to the special gain or toss of my relative, ~ _ ~ , _ inured to the special gain or Foss of ~ , by whom I am retained; or ~.. inured~to tlleaal ~$in or loss, of _ --- , -- f _ ,which is the parent organization ar subsidiary_of a principal which has retained me. -.. , .. {b}.,The. measure before my; agency and tl5e nature. of my conflicting interest in the rs~easure is as foltows: ' ,.. ~ ~d~ Date •iled Signature NOTICE:.UNDER PROVISIONS OF FIORIpA STATUTES §1i2.3i7, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: iMPEAGHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A __._ CIVIL PI*NALTY NOT TO EXCI=ED $10,000. CE FORM 8B - EFF. 1!2000 PAGE 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 6.A. -REGULAR COMMISSION MEETING OF MAY 6, 2008 PARKS AND RECREATION EMPLOYEE OF THE YEAR AWARD ITEM BEFORE COMMISSION The item before the City Commission is a presentation by the Parks and Recreation Department to recognize the winners of the annual Employee of the Year Award for their performance and continuous service to the community. BACKGROUND The Parks and Recration Department implemented the Employee of the Year Annual Award January, 2002. The main objective is to motivate and reward the employees of the Parks and Recreation Department for their work efforts and community service. The following criteria have been established for this award: annual performance increase, volunteer hours serving the community, training hours and certifications, blood donor, etc. Each criteria is based on a point system, the employee receiving the most points is the employee of the year. For the second year in a row the Employee of the Year winner is Melissa Backus, Recreation Supervisor III, Veterans Park. Second and third winners are: Luigi Pratt, Ocean Rescue Officer, Ocean Rescue Division and Dexter Hazel, Park Maintenance Supervisor, Parks Maintenance Division. FUNDING SOURCE WHEREAS, nearly 100 full-time employees work in the Parks and Recreation Department within the three Divisions of Parks Maintenance, Recreation, and Ocean Rescue; and WHEREAS, the Department has developed performance measures to identify exceptional employees within these three Divisions based on their job duties, responsibilities, and volunteer service in the community; and WHEREAS, Melissa Backus from the Recreation Division, Luigi Pratt from the Ocean Rescue Division, and Dexter Hazel from the Parks Maintenance Division were the top employees of their respective Divisions; and WHEREAS, Melissa Backus was selected as the recipient of the Parks and Recreation Department Employee of the Year Award for 2007, NOW, THEREFORE, I, BRENDA MONTAGUE, Vice Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend Melissa Backus for his dedication and service to the community of Delray Beach and recognize and commend Luigi Pratt and Dexter Hazel on a j ob well done for the Parks and Recreation Department and the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of May, 2008. VICEMAYOR Brenda Montague MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: May 1, 2008 SUBJECT: AGENDA ITEM 6.B. -REGULAR COMMISSION MEETING OF MAY 6, 2008 RECOGNIZING .TOE AND KERRY REARDON, DELRAY INTRACOASTAL TOURS ITEM BEFORE COMMISSION The item before the City Commission is a proclamation recognizing Joe and Kerry Reardon, Delray Intracoastal Cruise Tours, for their dedication and service to the community. The Reardons donate their cruise ship, sevices of their crew, and use of their kitchen for fundraising, educational tours, and for gala festivities. The Chamber of Commerce, Kids and Cops Program, Delray Art League, and American Cancer Society are some of the organizations that have benefited from their generosity. WHEREAS, Joe and Kerry Reardon of Delray Intracoastal Tours own and operate Lady Atlantic, a dinner cruise ship, and have leased dockage space at Veterans Park since the year 2003; and WHEREAS, the Lady Atlantic cruise tour goes up and down the Intracoastal and offers athree-hour narrated tour with dinner or lunch; and WHEREAS, since finding their dockage space in the City of Delray Beach the Reardons have been giving to the people of our community by offering the Lady Atlantic for Educational Tours, Fundraising Tours, and Gala Festivities; and WHEREAS, the Reardons are presently involved in community service as a member of the Delray Beach Chamber of Commerce and Palm Beach County Convention & Visitors Bureau; and WHEREAS, the Reardons are very active in our community with the Delray Beach Kids and Cops Education Cruise, Delray Art League Painting Auction for Scholarships, the Delray Beach Chamber of Commerce Annual Education Fundraiser, and the American Cancer Society Cruise for the Cure. NOW, THEREFORE, I, BRENDA MONTAGUE, Vice-Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and the entire community do hereby recognize and commend Joe and Kerry Reardon for their dedication and service to the community of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6cn day of May, 2008. BRENDA MONTAGUE VICE-MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Division Chief -EMS David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: Apri128, 2008 SUBJECT: AGENDA ITEM 6.C. -REGULAR COMMISSION MEETING OF MAY 6, 2008 EMERGENCY MEDICAL SERVICES WEEK PROCLAMATION ITEM BEFORE COMMISSION The Delray Beach Fire-Rescue Department is requesting the Commission approve a proclamation for Emergency Medical Services Week, May 18, 2008 through May 24, 2008, and commend our EMS teams for a job well done. BACKGROUND Emergency Medical Services Week brings together local communities and medical personnel to publicize safety and honor the dedication of those who provide the day-to-day lifesaving services of medicine's "front line." This information can be used throughout the year for public education and safety programs. RECOMMENDATION That a proclamation is approved for EMS Week, May 18, 2008 through May 24, 2008. WHEREAS, Emergency Medical Service is a vital community service; and WHEREAS, the members of the Delray Beach Fire-Rescue Department and other City Agencies are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, Emergency Medical Service teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, lifeguards, dispatchers, police officers, educators, administrators, and others; and WHEREAS, the members of the Emergency Medical Service team engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, the residents of and visitors to Delray Beach benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical service providers by designating Emergency Medical Services Week. NOW, THEREFORE, I, BRENDA MONTAGUE, Vice Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and the Citizens of Delray Beach, in recognition of this event, do hereby proclaim the week of May 18, 2008 through May 24, 2008 as EMERGENCY MEDICAL SERVICES WEEK in Delray Beach, Florida and commend our Emergency Medical Service teams for a job well done. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of May, 2008. BRENDA MONTAGUE VICE MAYOR WHEREAS, throughout human history, dogs have played an important role in the lives of people, servings as otn friends, protectors, and companions; and WHEREAS, medical studies have shown that dogs provide the benefits of lower blood pressure, reduced stress, decreased incidence of illness, and lower cholesterol levels among people who are dog owners; and WHEREAS, w~orldng therapy dogs have therapeutic benefits on the lives of many Americans by assisting with physical therapy in hospitals, prisons, psychiatric institutions, ntnsing homes, and schools; and WHEREAS, therapy dogs and their handlers volunteer their time to respective coininunities on a daily basis; NOW, THEREFORE, I, BRENDA MONTAGUE, Vice Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 10, 2008 as THERAPY DOG AWARENESS DAY in the City of Delray Beach, Florida and urge all citizens to join in a national effort to raise the awareness of the therapeutic benefits of therapy dogs. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6t'' day of May, 2008. BRENDA MONTAGUE VICE MAYOR WHEREAS, an estimated 15 million children and adults in the United States and an average of 4% of the population in Florida, and millions of people worldwide have been diagnosed with neuroendocrineimmune disorders (NEIDs); and WHEREAS, individuals with these NEIDs experience "flu-like symptoms"; sore throat extreme fatigue; widespread pain in muscles, joints, and ligaments; insomnia, muscle stiffness; migraine headaches; the symptoms of restless leg syndrome; numbness and tingling in extremities; respiratory difficulties; debilitating sensitivities to chemicals in the environment peripheral neuropathy; sleep disturbances; and cognitive impairment of memory and concentration, endocrine system abnormalities; and WHEREAS, NEIDs are as disabling as chronic obstructive pulmonary disease, end-stage renal failure, and rheumatoid arthritis and are as impairing as multiple sclerosis, AIDS, and chemotherapy cancer treatments; and WHEREAS, NEIDs are chronic illnesses that can be life-threatening and are increasing at alarmingly epidemic rates; and WHEREAS, it often takes an average of 3 to 7 years to receive a diagnosis for any of these disorders because medical professionals frequently do not receive adequate training for diagnosis of NEIDs; and WHEREAS, P.A.N.D.O.R.A. - Patient Alliance for Neuroendocrineimmune Disorders Organization for Research & Advocacy, Inc.-is a nonprofit, charitable organization dedicated to finding a cure for NEIDs and advocating for quality of life for individuals stricken with these illnesses in Florida and beyond; and WHEREAS, P.A.N.D.O.R.A. has joined with other patient empowerment groups and patient organizations worldwide to promote awareness of NEIDs and the need for patient advocacy, to establish healthcare provider NEIDs education programs, to develop and increase accurate diagnostic criteria for these illnesses, to stimulate research that will identify the causes and treatments of these disorders; and WHEREAS, community knowledge of NEIDs and their impact on patients and their families will promote hope for a better future for people with NEIDs. NOW, THEREFORE, I, BRENDA MONTAGUE, Vice Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 12, 2008 as "P.A.N.D.O.R.A.'s Neuroendocrineimmune Disorders Awareness Day" in the City of Delray Beach, Florida, and urge all of our citizens to support the search for a cure and assist those individuals and families who deal with these devastating diseases on a daily basis. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6~` day of May, 2008. BRENDA MONTAGUE VICE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast and Alberta Gaum THROUGH: David Harden, City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF MAY 6, 2008 PRESENTATION BY S.P.I.R.T COMMITTEE TO RECOGNIZE THE QUARTERLY S.P.I.R.T. AWARD WINNERS ITEM BEFORE COMMISSION The item before the City Commission is a presentation by the S.P.LRLT. committee to recognize the three quarterly winners for their service, performance, integrity, responsibility, innovation, and teamwork. BACKGROUND The City of Delray Beach implemented the S.P.LRLT. Quarterly Award Program in April 2006. The S.P.LRLT. Program's main objective is to award the efforts of employees who provide outstanding quality service to our City. Winners for this quarter are: Steven Swanson, Police Department; Samantha Roland and Melissa Backus, Parks and Recreation Department. The following S.P.LRLT. Committee members will conduct the presentation: Jeff Miller, Police Department, for Steven Swanson Dot Bast, Human Resources, for Melissa Backus Alberta Gaum, Parks and Recreation, for Samatha Roland am erTR esTw darq~ ~" ~~?<& J p~~~^~ /.. ply nl~r ~~ ~.~ `~ s frSIN THE PC~p4~ S.P.I.R.I.T. Award Program Nomination dorm Nominee Information: Name sr v ~ ~ n ~~,~~ Department ~~t,cc= Supervisor_ 5~r, s. Pr,`v;.r~Q~ Phone# .~Lv!• a~3~"'7F~~o Nominator Information: Name ~ . Spa r, rs Department ~ Date ~ a Phone # Srd! •,~U3.75,~c~c) Signature „~.v ,~,.,.._,_„ Using the S.P.I.R.I.T. guide3ines, describe reason for nomination in one or more categories: ~, Service -Providing exceptional customer service to other departments, employees, andlnr citizens of ©elray Beach. • Knowing your customer by listening and understanding their needs, expectations and concerns. Being sensitive to their feelings and addressing customer appropriately. • Fnllawing up with a timely response to calls and requests. Taping the time to explain an action or a "ND" response. fi'~E Sir'1G' !•tt~ r1 ~l ; 1 r iv if hZ°u~ 4°rr7~~Pt~/NC r r ffis Serv,~r ~~T"o r :~.~c RnA d~r~oT. ~x~~dec/~i~~s 1'~, l.<77E5 . Performance is measured by. Setting realistic priorities, developing plans, taking action in a timely fashion, paying attention to details and doing it right the first time. Anticipating problems and identifying opportunities, developing regular status reports and providing updates on projects and major tasks. Being a steward of the public dollars by using resources efficiently and effectively, and evaluating your performance by customer satisfaction. , r' I ,..) lrt~ n~cP c.~Iu 1c/ .~-, ae,~ .Q mar7r> i,C Shy' cl cad /1 oT G;cf R iCJI G trr'~ Tl~rr~ 71-r~->r~~ ~L___ _ f ~"_ i~t~~rro arc/ ~ii:s /~o:>N~ r..~v//c ~f~~' -~° Ufa ~%,~ . Npt~inations must be submitted to Human Resources i3Y the 1~* Friday of the months of ~ Uctober, January, April, July. htips:!lwww2.mydekaybeach.aamlexchangelSAiJt'RTERSIInbox/deadline for SPIRIT Quarterly Award natr,inatioas.F..MI..1SPiIt1T Award Program Nomination Porm.doc/C58EA28C-1800-4x97-9AP2-93GE93I7DAPB3/SPIltiT Award Program Nomination Form.doc?attacia-l Nair~inatian Farm -- Page 2 ~ Integrity: • Respecting others, being courteous and polite. • Keeping your commitments, being honest, direct, and truthful. Acting professionally and ethically. O Being Jaya[ to the city and acting on what is best for the city. !-~ i .5 I -1-h PT ~ na ! ! 'nI~ n 2R M of d e .~4 ~ r ~'i Responsible. ~} Taking ownership of your work task and problems. • Represent the City in a positive manner;.appearance, workspace, equipment, etc. • Being prompt for work, meeting deadlines. ~~ .~r Al~au~ inn ~ ..rr~ ,'s lad ~of+Is,br'/~" AS A ~1//r~__..~2 l i i].J . i']L~ r r,'>f1e~r~d~ H.a ~ e..l ~m /'/iu 1i2~ Y!E`~C7 `7"fTC /10l.[~ `f7L21Yk'~ `f/~ STD f ~9 ra-.n . ~Innovat'sve • Looking for new and better ways to do your Sob. • Thinking creatively -outside the box. Use new approaches to delivering services and to solve a ~~ 't'-~1QrlgPrl ~l~ S 1r1C71~ l~~' SGHG~G~tl ll "~ ~~/~ Teamwork: ~,/ Cooperating with others, by going beyond your role to help the team. • Keep others informed and involving others in your work activity when appropriate. • Sharing the credit and recognizing the contribution of ethers. S'G~Rn~sGn 'S ~ ictf-,-7d ~J fi~~S ~ m F `T~ ~,~ ~'•~' -- w „ !' ~ d~ ,' h !rte C.~'~c~9~c/ ,`~ s~cd~a/~: ~~ ~zj d~-ss~rsr ~ ~.~~.~..~, ~.~cl ~~. The above are examples to assist you in the nomination process. Use the reverse side of this form for additional comments. Your input' is important and valued! Original: Human Resources Copy: Nominee Nominee s Supervisor Nominations must be submitted to Human Resources ~Y the 1st Friday of the months of : October, 3anu©ry, April, J'u1y. DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: S.P.I. R.I.T. Awards Committee FROM: Sergeant Rachel Saunders Bravo Day Shift District 2 Sergeant DATE: April 02, 2008 SUBJECT: QUARTERLY S.P.I.R.I.T. AWARD NOMINATION I am the Field Training Program Supervisor, which entails monitoring new officers through their training phases. During the quarter, l experienced a lass of several Field Training Officers due to new assignments. To say the least, it has been a challenge to make sure the new officers are receiving the proper training. During the month of February, a new officer was scheduled to go to night shift for Phase 3 of training. The day she was to be transferred, the Field Training Officer that she was assigned to resigned from the program. At this point, there were no night time trainers available and the new recruit had to be trained on a night shift during this phase oftraining. The recruit also needed special attention in various areas. I approached Officer Steve Swanson in a panic and asked if he would be willing to be switch Pram his normal day shift hours to a temporary night shift to train. He immediately stated he had to call his wife_ Officer Swanson contacted me within fifteen minutes and stated that he would do it. 1 have been monitoring the Field Training Program for several years and have never had a trainer do something like this. Officer Swanson not only has a family, but he also has a business to run. He made arrangements to work around both of these very important parts of his life. His dedication to the Field Training Program and willingness to assist during a time of extreme need should not go unrecognized. He truly is an example of what S.P.I.R.I.T. stands for. Serving with Pride } i"~~in a Kfu~r~.;~Ri w. d ~& O o ~~`' ~ ~'" _~ ~0~~ P~~ ~ 1 Aid ~ 5~ fr's rN r»>: vfaP4~ S.P.I.R.I.T. Award Program Nomination Form Ndminee Information: Name ~ ~ ~i~" '~~~ ©epartment~:~~?, t i~,' Supervisor ~ C> Phone # ~~{.?,_`~~,~ ~' Nominator Information: _ jr~ Name~,~~`~~~E,~,_t ~_ Department I ;ft' ,:~..~.,~L,~f G f~~.s ~ • - .. Date ~' Phone # ~ ~~ Signature Using the S.P.~.R.I.T. guidelines, describe reason for nomination in one or more categories: ^ Service -Providing exceptional customer service to other departments, employees, andlar citizens of betray Beach. • Knowing your customer by listening and undersfanding their needs, expectations and concerns. Being sensitive to fiheir feelings and addressing customer appropriately. ' • Following up with a timely response to calls and requests. • Takin the time to explain an action or a "NO" response. y © Performance is measured by: ~-'~~~ - -'L~ • Setting realistic priorities, developing plans, taking action in a timely fashio , ~ paying attention to .g and doing it right the first time. `'"~~-------~ .~./ • ici ating problems -end identifying opportunities, developing regular status reports and providing updates on projects and major tasks. • i3eina a steward of the nubliC dollars by using resources efficiently and effectively, and evaluating :v~za:~ Ne'#ninatiot~s r,~,ust be submitted to Numan Resources BY the 1~ Friday of the months af: 4ctaber, January, April, July. C:II)ocuments and SeltingsllleetwoodlDeskEoplTe[ng1SPII2IT.Award Program I~Iom~iuabiaq Form.doc Y Nomination Farm --Page 2 © Integrity: • Respecting others, being courteous and polite. • Keeping your commitments, being honest, direct, and truthful. Acting professinnally and ethically. • Being loynl to the city and actin~c an what is best for the city. © i2esponsihle: ~~ ~- ~6C,s ' • Taking ownership of your work task and problems. • Represent the City in a positive manner; appearance, workspace, equipment, etc. • Bein rom t for work meetin deadlines f'G~ ~~~~... ~~~ ~ w g p ., p ~ g .,-.. 7c" ~ ~. _ o Innovative i~~-- G= ~ ~ f • 1~ooking for new and better ways to do your job. • Thinking creatively -outside the box. • Use new approaches to delivering services and to solve problem. _ © Teamwork: • Cooperating with others, b sing beyond your role to help the team. Keep others informed and involving nt er your wor active wen appropriate, Shoring the credit and recngnizing the c tribution of others. ~.. 4 The above are examples to assist you in the nomination process. .:,., Use the reverse side of this form for additional comments. ~ ~~ .. Your input is important and valued! Qr+iginal: Human Resources Copy: Nominee. Nominee`s Supervisor ~~ ~L ~ ~~~~~~ ~ Nominations must be submitted to Human Resources BY the Friday of the months of: (3ctober, ~'anuary, April, July. ~$fi r ~roR 1fi~{--' - °.f~ y~ 11 r ~ ~' ~ ~ l ~r ~ ~ ~ ,~e ~a'f~' $"~ `' i~ ~~' i - 4 N~~~. ~~ !N THE P~nQV{G S.P.I.R.T.T. Award Program Nomination Form Nominee Information: Name ~~ ~~,t sSC.~ ~~ C.~u ~ Department l~~_r (~S ~ ~~ ~ . Supervisor~~ ~tr~rnC~~S Phone # a~ ~°~- ~ a~ ~ Nominator Informatio Name ~-~~~~ ~.~ ~~~'~ Department ~,..~'~~, ~t~~~U'J~ Date ~ ~ ~ 1 ~8 Phone # ~ `~~.~-- ~ i 3'~ Signature t/~ Using the S.P.I.R.~.T. guidelines, describe reason for nomination in one or more categories: ^ Service -Providing exceptional customer service to other departments, employees, and/nr citizens of Delray Beach. \ • Knowing your customer by listening and understanding their needs, expectations and concerns. Being sensitive to their feelings and addressing customer appropriately. • Following up with a timely response to calls and requests. •Tayk~ing the time to explain an action} or a "NO" (resp~oynse~.~~ ~ ~~~ f 1 I N a [ =~`~' ~'A 1 ~ tiA ~) t d 7J f a ~ !'l .f~ ~? ~~ A 1~ [ ~.Q"11~Y `t" i 1 "C ~ f.,h ~ ~ t ^ . Performance is measured by; • Setting realistic priorities, developing plans, taking action in a timely fashion, paying attention to details and doing it right the first time. • Anticipating problems and identifying opportunities, developing regular sfiatus reports and providing updates an pro jests and major tasks. • Being a steward of the public dollars by using resources efficiently and effectively, and evaluating your performance by customer satisfaction.. . '~'h-~ Nominations must be submitted to Human Resources BY the ~:r Friday of the months of : October, January, April, July. P:1City ManagerlSPIIZIT FO[tMSISPIItIT Award i'rogram Nomination Form.doc N©mination Forte -- Page. 2 o Integrity: • Respecting others, being courteous and polite. • Keeping your commitments, being honest, direct, and truthful. • Acting professionally and ethically. • Being loyal to the city and acting on what is best for the city. { , . _ , ~, k e ,.. © Responsible: • Taking ownership of your work task and problems. • Represent.the City in a positive manner; appearance, workspace, equipment, etc. • Being prompt for work, meeting deadlines. © Innovative • Looking for new and better ways to da your job. • Thinking creatively -outside the box. • Use new approaches to delivering services and to salve apr~blem. - r' ~ n() c t ~ 1„ F. ~ ~.~,rr ~ ~ ~ ~ -~- .--~~ ..--~ ~ 'r 1 ~ C, ~a ~r ~ ~i' ~~ ~\`'~P i ~l_ E~.i~ © Teamwarit: • Cooperating with others, by going beyond your tale to help the team. = Keep others informed and involving others in your work activity when appropriate. • Sharing the credit and recagnixing the contribution of others, r The above are examples to assist you in the nomination process. Use the reverse side of this forth for additional comments. Your input is important and valued! Original: I-luman Resources Copy: Nominee Nominees Supervisor Nominations must be submitted to Human Resources BY the Est Friday of the months af: October, January, April, July. Melissa Backus has been going above and beyond herduties while the Special events Coordinator has been out on medical leave. This was a planned medical leave and Melissa had been preparing and learning the Special events Coordinator's job for many months. What is so remarkable is that she is still doing her position as well as the Veteran's Park- Recreation facilitator. Melissa works from both her once and the Community Center's office. Since January, she has stepped in and implemented many programs such as the Senior Games Annual Banquet, the seasonal brochure, concerts in the park, representative far Kids n Cops Board, faster E gg Nunt, and probably many other small things that f am unaware off Alf of these are not her normal responsibilities and she has done them as if she has been doing them for year. Melissa is not being compensated monetarily for doing two jobs at the same time.l think Melissa deserves the SPIRIT award for stepping in with na complaints and doing a fantastic job. It is not easy trying to juggle one job, !et alone two at the same timel Melissa has definitely demonstrated the above and beyond job dutiesl yr -' sits "lei y ~~ } } ~~ rrs trv rw~ vx~p~~ '~ `b .~ ~ ~~ ~ ~~ 2~~~ ~i~ 3 fi ~'M 2~ 52 ~U~~N ~~~~~~1'f~~ S.P.T.R.I.T. Award Program Nominai~ion Form Nominee Information: Name m~ ~d1n~ a ~ e~.~~c~ _ _ Department ~~r ~ ~~- i'~n Supervisor ~~r,.~„ ~u~r~~l~ GP(~(~ Phone# ~i ,~.~~w"7d~i~_ Nominator Information: 7 Name ~~{~., CPS Department T wr~s+~- ~+~.~ ~r- Date ~~ ~- t~~ ~ Phone # ~~r ~-~ ~^~ ~~ Signature ~ ~: b~ ~ rv : _G.P+~.~.~' ..,. Using the S.P.I.R.I.T. guidelines, describe reason for nomination in one or more categories; '~, Service -- Providing exceptiana! customer service to other departments, employees, and/or citizens of Delray Beach. m Knowing your customer by listening and understanding their needs, expectations and concerns. Being sensitive to their feelings and addressing customer appropriately. • Following up with a timely response to calls and requests. ® Taking the time to explain an action ar a "NO" response. _ ivn~ 1'~ ~~,nn ~ G' ~ karr~-dtt 5 if'1~~~ r~.vt~. ~d~~~ ~s~.~ ),.Ln~~~ ,~C:rtFn+1~.S ~~//- d ~i ~ d~ ~i'~.+e~ ten: i ~ -~ '~~ ~CLN~-~ ~Y~it4~5 © Performance fs mensur by: ® Setting realistic priorities, developing plans, taking action in a timely fashion, paying attention to details and doing it right the first time. Anticipating pral3lems ahd identifying appartunities, developing regular status reports and providing updates an projects and major tasks. m Being a steward of the public dollars by using resources efficiently and effectively, and evaluating your performance by customer satisfaction. Nominations must' be submitted to Duman Resaurces ~Y the ~s: Friday of the months of ~ ®ctaber, Januar~r, April, .~'uly. C:U3ocaicneuts and Settingslf~eetwcrodlDesSctogl?emp1SS'IRJT Award Pmgram idomina3ion For~n.doc Nomination Form ~- rage 2 Integrity: a Respecting others, being courteous and polite. • Keeping your commitments, being honest, direct, and truthful. Acting professionally and ethically. o Being loyal to the city and acting on whet is best for the city. -re~~',~~y~c.t,~ © Responsible: a Taking ownership of your work task and problems, • Represent the City in a positive manner: appearance, workspace, equipment, etc. • Being prompt for work, meeting deadlines. ^ Innovative ® Looking for new and better ways to do ynur job. m Thinking creatively -outside the box. o Use new approaches to delivering services and to solve s problem. ~i Tearn~rork: ~ n Cooperating with others, by going beyond your rate to help the team. ® Keep others informed and involving others in your work activity when appropriate. 0 5harin^ the credit ar~d recoanizina the contribution of others. ins ~ li Qom; ~t~ ..1~.~r+Y7 i,t3 ~ iI n ~f~c~ ~~~ yY 1~l a 1. ~ce:~~; s/y~ x!11, ~ is L/e~ .~._.#~ 5;~~- `SZ~ ~/~.cau Q f~:~~r~k~i~~} , ~/o ~~ ~.i.? Fi.~i.! Vi ~1.snL~-~.~~.! 1 ~~~'T~~' 5~ id°~' i/~F i +SJh'.j.314+'7 1-`IAFA C'l~- ~1~s~ ~ jl' ~fae M.~"3&!~ 4r-.~ 1'~~~ 1 The above are examples to assist you in the nomination process. Use the reverse side of this form for additions! comments. Your input is important and valued! Original: Muman Resources Copy: Nominee Nominee's Supervisor Nosr~i~acatic~ns tt~ust be ~~brnitted to i~aman Re~aurce~ 13Y the , ~ s~ Fa~iday of the months o~ ~ ®~~'®ber, J~a~~e~~y, ~p~il, 3'e~ly- MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Mark McDonnell, AICP, Assistant Director Planning and Zoning THROUGH: David T. Harden, City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 7.D. -REGULAR COMMISSION MEETING OF MAY 6, 2008 HISTORIC PRESERVATION BOARD AWARDS RECOGNITION ITEM BEFORE COMMISSION The Historic Preservation Board (HPB) selected the winners for the 3rd Annual Award Recognition Program at its regular meeting of April 16, 2008. The awards are given to those property owners and their design teams who have significantly contributed to the preservation and rehabilitation of historic properties throughout the city or provided compatible new development within a historic district. Eligible projects are those that were approved by the Board, and received a Certificate of Occupancy within the last year. These awards will be presented to the recipients listed below during the City Commission meeting. The design categories and recipients for this year include: Exterior Alterations -Residential 220 North Swinton Avenue, Old School Square Historic District Francis & Elizabeth Rozzo, Property Owners 14 Dixie Boulevard, Del-Ida Park Historic District Toni Del Fiandra, Property Owner Renovation/ Rehabilitation and Adaptive Reuse -Non-Residential 140 NW 4th Avenue, West Settlers Historic District Delray Beach CRA, Property Owner Currie, Sowards, Aguila Architects, Architect Dave Bodker Landscape Planning, Landscape Design SIGNAGE 203 NE 1St Avenue, Old School Square Historic District Representative Maria Lorts Sachs, Sign Owner Sign ARama/Mike Sneiderman, Sign Designer PAT CAYCE ACHIEVEMENT AWARD FOR EXCELLENCE IN PRESERVATION 515 North Swinton Avenue, Del-Ida Park Historic District James and Sandee Howley Property Owners Roger Cope, Architect GLM Remodeling and Building, General Contractor Delray Garden Center, Landscaping MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: Apri128, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MAY 6, 2008 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ITEM BEFORE COMMISSION This is before the City Commission to ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Annual Meeting on April 17, 2008. BACKGROUND By a vote of 6 to 0, the SCRWTD Board approved the following: . Authorization to increase our Reclaim User Rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2007/2008 to $0.2552/1,000 gallons. RECOMMENDATION Recommend ratification of the action approved by the SCRWTD Board on April 17, 2008. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 2QQ8 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on APRIL 17, 2008, by a vote of 6-0, Authorization to Increase ourRecialm User Rate for Hunters Run, Country Club of Florida. Quaff! R1dge, Delray Dunes and Pine Tree for Fiscal Year 2007/2aQ8 to .2332J~,000 gallons. WHEREAS, saki Boarad actiorx requires ratification by the City of Delray Beach and the City of Boynton Beach. NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By. Mayor/City Manager Atbest City Clerk Approved as fio form: City Attorney F•Wocal6dM~slRedfa12007-20081DelreyBeachRa~ff 4417-2o08.dx f I ~ ~ i ~„~ ~sw ~S A °v ,p w wo n .-. p N o ~ ~~ o a o S ~~~ `~ yam ~ ~ D ~ ~~~ ~ r ~ N ~ O O ~ ~ O r ~ ~~ 1 Q C ~~~ ~ W N ~ O ~ ~ r C C ,"~ m ~~~ m p Ip O ~ ~ N O `O L ~ ~ 0 O ~n ~o~ ~ o ~~ W ~ ~~ 0 0 ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~~o~ o~ W ~~ . Q m ~ r- ~ w ~ e4~~ u ~~~~~~ ~ ~ ~ F' '1' ~ a ~ Of ~. ai ~~ a ~ ~~~~ ~ Q L i o r z Y7 V LL O i e~ o ~ o 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: Apri16, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MAY 6, 2008 REQUEST FOR SIDEWALK DEFERRAL/501 PALM TRAIL ITEM BEFORE COMMISSION Requesting approval of sidewalk deferral request for 501 Palm Trail. BACKGROUND This is a single family residential lot located at the northeast corner of NE 5th Street and Palm Trail. Other than on NE 7th Avenue this neighborhood has not actively been installing sidewalks. Sidewalk deferrals were already granted to 209 and 333 Palm Trail I do not see sidewalks being installed on Palm Trail or NE 5th Street in the near future. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval of sidewalk deferral. Prepared By: RETURN TO: R. Bri;~n Shutt, Esq. City Att©rney's Office 200 N~.W~. l.st Avenue T3elray t3each, Florida 33444 AOREEI~EI®T7' FOR SI1~E~VALI~ ~[P170VElVIENTS "1'HtS AGREF,N[ENT entered into this day of 2f30~, between the City of .Delray beach (hereinafter the City) and ~ ~ ~-~~~ ~~i~~~ (hereinafter the Owners}, for the purpose of waiving the requirez~ient of t'r~e ir~stallatiot~ of a sidewalk along ~~ r" get ~ ~ . _ until such time as the City requests the construction of the sidewalk by the Owner. VVIIEREAS, Land Development Regulation Section 6.1.3(C} requires the installation of a sidewalk, within the `~ ~ ~~ ~~~ ~,°-t` right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy, and, AREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land I3evelnpixient Regulation Section 6, l.3(D}(1}(b}; and, ~IFREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation. of a sidewalk until such tii~ne as the City requests the Owner construct the sidewalk. S. },'r~gAdmirrlSidewalkDeferralsiszdewalk u'eferr~al agnat.doc ~ WITi~TESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: ,~~.~r~e~rrro,~ '~--~'~~-~~ N. rev ~' ~~ ~'. ,z~.~~ ~- ~~' ~ ~9~,9 ~-r 1. The Ovvner agrees to construct a sidewalk, at its sale cast and expense, along the ~~~~ 7"t~o~rc~ z ~~ 5~'~ ,°~: right-of way abutting the subject property, within a tune period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach, z. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recarded in the public reeards of Palm Beach County, Florida and shall be binding on the parties Legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of ~ 200_ ATTEST: CITY OF DELRAY BEACH, FL(3RIDA By: City Clerk ~!layor Approved as to form and su#I'~ciency: City Attarney S: iEng4dn~in4,Sidewalk,lJeferrc~IslsidewaEk deferral agn~t.doc ~ ~VITN~S SES ~~ .~, (Please type or prizxt na~sae~ STATE OF ~ ~~f~`t ~~ COUNTY OF ~I~%~-~f ~-~ ~ OWNS By: - _ _,~ BEFO~tE ME personally appeared ~-~~~~`~ ~ . ~~~~ ~-__ who zs [are] personal] known to me ar [has] [have] produced [and. respectively] as identification, and wl~n executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. ~ls,~'~'NESS :ny hand and ®~.-ic.al seal this ``*:~'iy.:corr~~xtission expires: ~o'r~kY ~~'U~C-5 ~.~~T""~. ~7F ~~U~~ Corur~issio~ ~t}T33~F}8~® ~xpzres: ,i.~'~, 2~, 20D9 gp;~de~.~7h~., A.'~~~ t~;C .13a:~din,~ Cu,, Inc, day of 20 L? ~~ s~ nature Notary Public agt~side~ualk deferral agreement (Seal) ~, IEngt3dmin!~ideivalhDeferralslsidewalk deferral a~t.doc 3 L L ~~ r~~ =a a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a .~ L r O ~_ C~ U ca a~ m a~ 0 0 N Ln MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MAY 6, 2008 EASEMENT AGREEMENT/FLORIDA POWER & LIGHT COMPANY/SEACREST SOCCER COMPLEX ITEM BEFORE COMMISSION This item is before the Commission to grant an easement agreement to Florida Power & Light Company regarding the pad mounted transformer for the Seacrest Soccer Complex P/N 2004-051. BACKGROUND Execution of the easement agreement will grant access to the property described on the attached exhibit "A" for construction, operation, and maintenance of overhead and underground electric utility facilities including wires, poles, guys, cables, conduits, and appurtenant equipment. RECOMMENDATION Staff recommends acceptance of the easement agreement. Easer~len~ f®r C®r~®rat~t~r~s This Instrument Prepared ey Work Request # ~~~ Sec._, Twp _ S, Rge ,V_, ~ Parcel I . D. (Maintained by County Appraiser} Form 3722 (Stocked) Rev. 91€l7 Name: Ca. Name: Florida Power & Lipht Company Address: pg of PPL use only The undersigned, in consideration of the payment of `9.0(3 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, granf and give to Florida Power & lr.ight Compariy, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities ar any of them within an easement feet in width described as follows: Easement Description Together with the right to ppermit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within tFie easement and to operate the same for communications purposes; the right of ingress and egress to said premises at al! times; the right to clear the land and keep it cleared of al[ trees, undergrowth and other obstructions within the easement area; to tnm and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall apon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent tt~e undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining ar through Bald property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument an , 2p~, Signed, sealed and delivered in the presence of: t3y: ran ors stgstature ~tness ogna ore Print Natne: Print Name; Print Address: €tness fitness ignature By' rantors signature Print Name: Print Name: (Wikness) Print Address: STATE OF AND COUNTY 4F .The foregoing instrument was acknowledged before me this day of 2fl_, by and who is(are) personally known to me or has have) produced as identification, and who did (did not) take an oath. (Type of identification) My Commission Expires: Notary Public, Signature Print Name 15` 3~" ~~®~1®A P®VVIER AN® L~G1T ~~. E~EIVIENT` A PARCEL OF LAND LYING WITHIN THE THE SOUTWWESTONE-QUARTER (SW 114} OF SECTION 4, TOWNSHIP 48 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. [L.Sa,Awl., D~SCRpPT1~Me A PARGEL OF LAND LYING WITHIN THE SOUTHWEST ONE-QUARTER {SW 114) OF SECTION 4, TOWNSHIP 48 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER OF THE PLAT OF DE CARTE SUBDIVISION ACCORDING TO THE PI~1T THEREOF RECORDED IN PLAT BOOK 24 AT PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE S89°98'05"W ALONG THE SOUTH LINE OF SAID PLAT OF DE CARTE SUBDIVISION FOR A DISTANCE OF 610.6(] FEET TO THE POINT OF BEGINNING; THENCE S00°43'55"E FOR 31.00 FEET; THENCE S89°16'05"W FOR 15.00 FEET; THENCE N00°43'55"W FOR 31.00 FEET; THENCE N89°16`05"E FOR 15.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("THIS IS NOT A SURVEY"). 2} THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL DF A FLORIDA REGIS T IERED LAND SURVEYOR. 3) BEARINGS SHOWN HI:,REON ARE BASED ON THE CENTERLINE OF SEACREST BOULEVARD, HAVING AN ASStJM3=D BEARING OF NORTW 01 °05`18" WEST AS SHOWN ON THE PLAT OF NORTWRIDGE AGCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 168 OF TWE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4) RECORD INFORMATION SHOWN HEREON WAS TAKEN FROM RECORD PLATS OBTAINED FROM THE PUBLIC RECORDS OF PALM BEACH COUNTY. 5) THE LEGAL DESCRIPTION SHOWN HEREON WAS WRITTEN BY THE UNDERSIGNING SURVEYOR AS DIRECTED BY THE CLIENT. IiEI.LER~V4dl~~~'~R A ® H IETAy 11~C. I~.II:CfBf~19~s FLORIDA STATE L.B. O. 4 H.W.S. BY: DANIEL C. LAA ~ P.B. PROFESSIONAL S~ ~~AND MAPPER O.R.B. FLORIDA REG. NCI3`511 = HEELER WEAVER & SHEREMETA INC. PLAT BOOK =OFFICIAL RECORD BOOK 4-9.08 REVESED PER _ ~ -.. -~ ~ Helier - 'ever aid Shere~eta inc. SCALE: ilia! 100 F.P.L. COMMENTS _"~;`. 's, :.. ! QW1WN BY: S.ISAAC -- ~:'~- $ E`;:;-~-_ ,=~ En Ineers ... Serve ©rs and Ma ers ~~;.:~„ . ~ ~ ~ Y ~~ cECf<EO 13Y: I). LAAIC -:-:-_~ 310 S.E.1st Street, Suite 4 l?elray Beach, FEarida 33483 sMEET: 1 t11= 2 ~ ~. ~~'Of303`E~78 (561) 243-8700 -Phone (5S1) 243-8777 -Fax FILE Nfl. 08-15080.903-SS1 15° X 31° ~E,®RI~A P®VVER AIV® LIHI'T C~. EA~ENIENT ~, ,~ A PARCEL OF LAND LYING W1THiN THE THE SOUTHWEST' ONE-4UARTER (SW 1l4} OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. ~~'. E3. 2W . I~~f. 1 C)?) SCALE: 1" - 20' 0 ~r ~ ®E CARTE STREET 0 r- C~ SOUTH LINE Of= DE CARTE n- SUBDIVISION PER n°i {PLAT BOOK 24, PG. 102} oci a: - ~~ - - - ~ __,_..,, 1 ~.~0`~ ..~.- . _ . _ .610.80' ~.. ~®IN1f" ®rf= ~I~GlN~lNllltfiG ~ I I ~. ~c~ u~~ c~ ® ~ ®~ ~~ Z I ~ ~ ___. ~o~a~v~~J9~ ~~~ A J~• II'Ir®II=1®~ 15e~0° ~Eg1184'ER ANftf LIGF~T C®. EASE11AEtdT i r 889°16`05"W ~~ --~ ~ ~®iNT ®IF 1 °~ C©MfVNEMCEMEII~"t" r~~„ ~:` SOUTHI=AST CORNER OF THE PLAT OF DE CAREE ,~ SUBDIVISION PER ~ ~ l (PLAT ~300K 24, PAGE 102) ~,~~' i `~ r r ~ ~ ~ ~`~ ~ w o oQ 1 ~ ~~ I ~ O ~f ~O t~ '1 ~ ~ ~ ~ ~ ~ o`r ~~-`~./ U t t rc~viaivjva ~ F DATE• 3!28!08 4-9-f}S REVISED PEf2 . =~- j - ----- efle ~ ever and haenea inc SGA#.I;: „ 1` = 1€~4' F.P.L. GOMNtENTS _ ~~i ~ -~ J ' ~ . ~..~. DRAWN BY: ~„ S.ISAAG ~. r- :_- Engineers ... Surveycars and Mappers GHECKEDBY; D.fAAK ~_~=-=-=:~,~ 5 310 S.E.1st Stfeet, Suite 4 Delray Beach, Florida 33483 5}tE~; 2 OF 2 ~.e. n~o. ooo3aas (5B4) 243-87!10 - Phoee (581) 243-8777 -Fax FILE N0. 08-1508U.f03-S52 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MAY 6, 2008 EASEMENT AGREEMENT/FLORIDA POWER & LIGHT COMPANY/FIRE STATION NO.4 ITEM BEFORE COMMISSION This item is before the Commission to grant an easement to Florida Power & Light Company regarding the pad mounted transformer for Fire Station No.4 BACKGROUND Execution of the easement agreement will grant access to the property described on the attached exhibit "A" for construction, operation, and maintenance of overhead and underground electric utility facilities including wires, poles, guys, cables, conduits, and appurtenant equipment. RECOMMENDATION Staff recommends acceptance of the easement agreement. Easement ~'®r ~®rp®rati~ns This Instrument Prepared By Work Request # ~ ~~ I~ Sec._, Twp _ S, Rge _ >= Parcel l.lJ. {Maintained by County Appraiser) Farm 3722 (Stocked) Rev. 9lD7 Name: Co. Name: Florida Power & Lipht Company Address: pg of FPL use only The undersigned, in consideration of the payment of $'I.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Ligh# Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement feet in width described as follows: ~C ~sctifb: ~' "/~ Easement Description Together with the right to permit any other person, firm or corporation to attach wires to any facili#ies hereunder and lay cable and conduit within tt~e easement and to operate the same for communications pur oses; the right of ingress and egress to said premises at all tunas; the right to char the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with nr fall a on the lines or systems of communications nr power transmission nr distribution; and further grants, to the fullest extent tl~e undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20_. Signed, sealed and delivered in the presence of: ~~~Wilness~Egna ure Print Name: fitness fitness ignature Print Name: (Witness) By: ran or s signs ure Print Name: Prim Address: By: ran ors signature Print Name: Print Address: STATE 01= ANC} COUNTY OF .The foregoing instrument was acknowledged before me this day of 20,~, by and who is(are) personally known to me or has(have) produced as identification, and who did (did not) take an oath. {Typo of Identification) My Commission Expires: Notary Public, Signature Print Name ~°~°'l161 ~ sr~ 1 ) A PARCEL QF LAND LYING WITHIN THE NORTHWEST ONE-QUARTER (NW 114) OF THE SOUTHEAST QNI=-QUARTER (SE 114) OF SECTION 12, TOWNSHIP 465., RANGE 42E. PALM BEACH COUNTY, FLORIDA. E.ECe4L ~~SCRIP7°f®Na A PARCEL OF LAND LYING WITHIN THE NORTHWEST ONE-QUARTER (NW 114) OF THE SDUTHEASTONE-QUARTER (SE 114) OF SI=CTfON 12, TOVtJNBHIP 46 SOUTH, RANGE 42 LAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER {NW 1/4} OF THE SOUTHEAST DN-QUARTER (SE 114) OF SECTION 12, TDWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE Npp°55'16°W ALONG THE WEST LINE OF THE NDRTHWI,STQNE-QUARTER (NW 114) OF THE SOUTHEAST ONE-QUARTER (SL 114} OF SAID SECTION 12 FOR A DISTANCE OF 249.44 FEET; THENCE N89°04'44"E FOR 4pAp FEET TO A POINT ON THE EAST RIGHT QF WAY LINE OF WARWICK ROAD AS DESCRIBED IN DEED WOOK 1098 AT PAGE 435 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE Spp°55'16"E ALONG THE EAST RIGHT OF WAY LINE OF SAID WARWICK ROAD FOR A DISTANCE OF 95.35 FEET TO THE POINT OF BEGINNING; THENCE N89°04'44"E DEPARTING FRDM THE 1=AST RIGHT OF WAY LINE OF SAIp WARWICK ROAD FOR 1p.Op FEET; THENCE Spp°55'16" FOR 55.00 F1=ET, THENCE 889°p4`44"W TO THE EAST RIGHT OF WAY LINE DF SAID WARWICK ROAD FOR A DISTANCE OF 10.00 FEET, THENCE Npp°55'16"W ALONG THE EAST RIGHT OF WAY LINE OF SAID WARWICK ROAD FOR A DISTANCE OF 55.pp FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF Dl*LRAY WEACH, PALM BEACH COUNTY, FLORIDA. N®T11=S: 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("THIS IS NOT A SURVEY"). 2} THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WiTHOUTTHE ORIGINAL SIGNATURE AND RAISED EMWOSSED SEAL OF A FLORIDA REGISTERED LAND SURVEYOR. - 3} BEARINGS SHAWN HEREON ARE BASED ON THE WEST LINE OF THE NORTHWEST ONE-QUARTER (NW 114) OF THE SOUTHEAST ONE-QUARTER {SE 114) OF SEC. 12, TWP. 465., RGE. 42E., HAVING AN ASSUMED WEARING OF NORTH p0°55'16" WI=ST PALM BEACH COUNTY, FLORIDA. 4) THE LEGAL DESCRIPTION SHOWN HEREON WAS WRITTEN BY THE UNDERSIGNING SURVEYOR AS DIRECTED BY THE CLk1=NT. ~ ILEtg~N®a HEIt,L.IB~-*, . , (I~~ ~ ~t°iIER~~dt~T~A, INC. H.W.S. =HEELER WEAVER & SHEREMETA INC. FL©RCO~~sT ~ o. 3449 P.B. ~ PLAT BooK ~° ' O.R.B. :OFFICIAL RECORD BODK 13Y: D J L K PROF SIO SU1~1/EYOR AND MAPPER SEC. =SECTION FLORiDA'REG~ NO. 51113 RGE. =RANGE TWP. =TOWNSHIP REVISIONS p~ (~ ~r +~ h®p ~ry !"py DATE: 4116!08 QA-28-08REV15EDSfZE -~ 1 ~e>~el G~Y~ G~~~ ~IIGE'~vill~~~ E11~~ 5CAI.E: 4" = 26' PER FPL COt~MENT5 _ I (~I ~ ~;n ._ I DRAWN BY: S.iSAAC ~-~~ ~{~-~ Engineers .., Surveyors and Mappers CHECKED BY: D.LAAiC ~,~-::.~ 310 S.E.1st Street, Suite 4 Delray Beach, Florida 33483 SHEET: t of 2 E.g. NO.`P0634A3 (561 } 243-8700 -Phone (561) 243-$777 -Fax FILE N0. 08.15538.001881 A PARCEL OF LAND LYING WITHIN THE NORTHWEST ONE-QUARTER (NW 114) OF THE SOIIT}~IEAST ONE-QUARTER (SE 114) OF SECTION 12, TOWNSI-[IP 4fiS., RANGE 42E. PALM SC=,4CH COUNTY, FLORIDA. N89°04'44"E 403.00' S00°55'16"E 95.35' P®INT ®F-~- I~EGIIdNhNG ~) ~~ t3 ~I 40{ ~~ ~~ is v Z 40' RIGHT OF WAY (D.B. 9098, PG. 435) .~ ~ ~ ~~~ ~ 1 W €~,( N ~ tl' ~ ~ '~' w o' ~ © ~ rn ~ Tv ~~ i ~- ~ ~ ~a: co . u.. ~ O ~- ~ ~ ~ a ~ Q~ ~ _ z ~ ~ ~ j ~ o °o EAST RIGHT OF WAY LINE OF SARWICK ROAD N8~°~4'44"II --~--~ 10.EB1~' ~,~ SCALE: 1" - 20` ~ PCN: 12-42-46-12-{)0-000-5020} ~~ ~~ ~~ ------- 7q" F~.®~t1DA _ ~ ~C1BAd'!~~'8 ~!N® L1t~kilT C®« E,14SEIiAEM7 S88 °!34'44""1A6 1 U.~E1" \ ~S° SQ. \~~ ADDITIONAL RIGHT OF WAY - \ ~s (O.R.B. 14996, PG. 624} ~ Ti. \ _ _ 589°34'04"W 140.35'_ L = 38.92' R = 25.00' D = 89°11'25" LAKE q a~1 R®A® l~o~taT ~~ c®o~~I~Il~clnn~r~~ SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER (NWa) OF THE SOUTHEAST ONE-QUARTER (SEA) OF SEC. 12, TWP. 46S., RGE. 42E. ~- Q~ ~~ ~,.. a. o~ ~z© T ~~ o €~ d- Q W ~tevl5luN5 ~ ~g ® ~p9 DATE: 41461{18_..__._._..._ 1 42&-0$RF=1flSE€?SIZE --5 ~G~~G ~ ~Ceaver aid S~eremeal ~I I~. SCALE: 1* = 2Q' - PERFPLCbMMENTS - U. ,,~~~~ En IflOefs ... S€.$IVG OrS and Ma ers DRAWN BY: S.ISAAC ~~ ~ ~ r~1 :_ ~ Y ~p GHEGKED BY: D. LAAK --_ -_= 310 S.E.1st Street, Sure 4 Delray Beach, Florida 334$3 SMEET: 2 OF 2 E.E. NQ.'00©3449 (589 } 243-870D -Phone (561 } Z43-$777 - I"ax BILE NG. ~8-15538.001-SS1 MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, PE, Asst. City Engineer Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri125, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MAY 6, 2008 HOLD HARMLESS AGREEMENT/HISTORIC DEPOT ITEM BEFORE COMMISSION Request Commission approval/authorization for Mayor to execute a Hold Harmless Agreement for Work Performed within the State Right-of-Way, with Depot Industrial Center LLC for the Historic Depot Square development. Historic Depot Square is bordered by the CSX Railroad on the west and I- 95 on the east; with the E-4/L-32 Canal on the north. BACKGROUND Depot Industrial Center LLC is planning to install water and sanitary services from existing utilities within the state right-of-way. As a result, a permit from the Florida Department of Transportation (FDOT) is required. Since the City will be maintaining that part of the service within the FDOT right- of-way, FDOT requires the City to sign the permit application. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within the FDOT right-of-way by Depot Industrial Center LLC. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. HOLD HARMLESS AGItEF.MEI\lT FOR WORK PERF®RMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this day of 2D0 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and~~vae~as~~~'o~~ ~ , {hereinafter referred to as "DEVELOPER"j WITNESSETH: WHEREAS, DEVELOPER wishes to install/construct utilities in t3~e right-of way of the State of I~ lorida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of--way; and WHEREAS, the CITY is req~,iired to indemnify and bald harmless the State for the work perfarined ley DEVELOPER in tl~e State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold. harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth. above, the parties hereby agree as follows: 1. The reeit ations set forth above are ineaxporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars (~ lO.OQ), receipt of which is hereby acknowledged, agrees to defend, indemnify, and. hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and casts at the trial and appellate levels, which. nay result from any activity conducted by IEVELOPER, its contractors or agents in relation to the work performed in the State right-of--way and as more particularly shown on the engineering plans submitted f:or the development known as g ~ ~.~ ~ `~ ~. ~~ - ~.~ ___ 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of tine City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect fo~• one year fi°om the date of .final acceptance. Unremedied defects identified for correction. during the warrantylguarantee period but remaining after its expiration shall be considered. as part of the obligations of the guarantee and. waxrarzty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warrantylguarantee period of one year after the defect has been remedied. REVELOPEI<t shall deliver this agreement to its Surety. The Surety shall be bound. with arzd for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of I`lorida, with venue in Palm Beach County, Florida. 2 6. This Agreement constitutes the entire agreezxzea~t and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or Landerstandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVEI.,OPER or its contractor shall maintain worker's compensation insurance in an azxaount required by law and general liability insurance in the amount of one million dollars ($I,DDO,ODD.DO) governing bodily injuzy and property damage in standard form, insuring CITY and the State as additional azazxaed insureds. DEVEL®PER or its contractor shall. provide this information to the CITY on a Certificate of Insurance, that is acceptable t© the CITY, prior to commencing installation or construction. 8. DEVEL®PER shall be bound by ail the terms az~d conditions found in the Utility Permit Agreement between the CITY and the State for this project grad attached hereto as Exhibit ,sA~~ 9. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTT'ST: By: City Clerk Approved as to Forz~z: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor 3 Address: `~~ t ~ l v '°,-c~~ Phone:. ~° f -- ~( ~ ~ ~,`~ ~ H STATE OF I~LOR1D11. COUNTY OF PALM BEACH The foregoing instru~ ent offTTicer~~ 1opr/T~agyyeynt)o~f _T ~~YY~- .~,~~-~ a~IA~A®~YrA \+~.C ~Aa.ir'J), ~"~' ~__..._._ of the corporation. I~-1e1She an oath. was acknowledged before ~r~e this "~~~ day of ~~ ~ (name of officer or agent, title of ~~ _~ (type of i ~_ (name of corporation o ~ oration) corporation, on behalf known to me or bas produced as identification and did {did not) tal{e State of Florida Public- V ~ ~ PVE't r Y ';}~1;~C3~~ WITNESSES RULE 14-46 STATE OF PLORI€]A r7EPARTMENT OF TRANSPORTATION FORM 7?p-01 D-85 [JTiLITY F'~RII~IT oec `~soio~ PERMIT ISO.: SEpTIpN l~Ip,: STATE ROAD 9 GpUNTY Palm Beach FDOT construction is proposed or underway. ^ Yes ®No Financial Project ID; is this work related to an approved U#i11ty Work 5chedule7 ©Yes ®No If yes, Document Number: PERMITTEE: Gity of Delray Beach ADDRESS: 434 South Swinton Avenue TELEPHONE NUMBER: (561) 243 - 7336 CITYISTATEIZIP: Delray ]3each, I'L 33444 The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FDOT, to Construct, operate and maintain the following: Water main extension and sanitary force main installation in Depot Avenue, under I-95 overpass FROM: East side of I-95 Tfl: West side of I-95 Submitted for the PERMITTEE by: Name and Company (Typed or Printed Legibly) Contact Information AddresslTefephonelE-Mail (if applicable) Signature Date Mark Smiley 561-747-8335 msmiley@smiley-associates, 1. The Permittee declares that prior to filing this application, the location of all existing utilities that it owns ar has an interest in, both aerial and underground, are accurately shown on the plans and a letter of rsotificatian was mailed an 4128108 to the following utilities known to be involved ar potentially impacted in the area of the proposed installation: Cite of Delray Beach Utilities 2. The local Maintenance or Resident Engineer, hereafter referred to as the FDOT Engineer, shall be notified a minimum of forty eight (48) hours in advance prior to starting work and again immediately upon completion of work. The FDOT's Engineer is Brett Drouin , located at 7900 Forest HIII Blvd. W P 8 ,Telephone Number 561-434-3903 The Permittee's employee responsible for MOT is ,Telephone Number . (This name may be provided at the #ime of the forty eight (48) hour' advance notice prior to starting work}. 3. All work, materials, and equipment shall be subject to inspection and approval by the FDOT Engineer. 4. All plans and installations shall conform to the requirements of the FDOT`s UAM in effect as of the date this perm it is approved by FDOT, and shah be made a part of #his permit. This provision shall not limit the authority pf the FDOT under Paragraph 8 of this Permit. 5. This Permittee shall commence actual construction in good faith within 30 days after issuance of permit, and shall be completed within'I80 days after the permitted work has begun. If the beginrsing date is ,;,ore than sixty (60) days from the date of permit approval, the Permittee must review the permit with the FDOT Engineer to make sure no changes have occurred to the Transports#ion Facility that would affect the permitted construction. 6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior Permittee. 7. it is expressly stipulated that this permit is a license fpr permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create or vest any property right in said hplder, except as provided in executed subordination and Ra'tirpad Utility Agreements. 8. Pursuantto Section 337.403(1), Florida Statues, any utility placed upon, under, over, or along any publicroad orpublicly owned rail corridor thatisfaund by FDOT to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvemen#, extension, or expansion, of such public road pr publicly owned rail corridor shall, upon thirty (30) days written notice tp the utility or its agent by FDOT, be removed or relocated by such utility at its own expense except as provided in paragraphs (a) and (b), and except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to all Successors and assigns for the permitted facility. 9. it is agreed that in the event the relocation of said utilities are scheduled to be done simuftansously with the FDOT's construction work, the Permittee will coordinate with the FDOT before proceeding and shall cooperate with the FDOT's Contractor to arrange the sequence of work sp as not to delay the work of the FDOT's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failure to comply with the approved schedule, and shall comply with all provisions of the law and the FDOT's current UAM. Tho Permittee shall oat be responsible for delay beyond its contrpl. 10. In the ease of non-compliance with the FDOT's requirements in effect as of the date this permit is approved, this perm it is void and the facility will have to be brought into compliance or removed from the RNU at no cost to the FDOT, except far reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FDOT under Paragraph B of this Permit. 11. It is understood and agreed that the rights and privileges herein set out are granted only tp the extent of the State's right, title and interest in the land to be entered upon and used by the Permittee, and the Permittee will, at all times, and to the extent permitted by law, assume all risk of and indemnify, defend, and save harmless the State of Florida and the FDOT from and against any and all Inss, damage, cost or expanse arising in any manner an account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. 12. flaring car€struction, all safety regulations of the FDOT shall be observed and the Permittee must take measures, including placing and the display of safely devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCD, as amended for highways, the requirements of the Standard Application Pankage far railways, including flagging services and Railroad Protective Insurance or acceptable alternative, when applicable, and the FDOT's Design Standards, Indexes 600-670, and Standard Specifications for Road and Bridge Gpnstnaction, Section 142, as amended by the UAM. When a Utility deems it necessary to conduct Traffic Contra) activities and methods significantly different from those addressed in the above references, the Utility must submit an alternative plan signed and sealed by a licensed Florida professional engineer qualified fo develop TCP in accordance with the provisions of Chapter 8 of the UAM. 13. Should the Permittee be desirous of keeping its utilities in place and out of service, the Permittee, by execution of this permit acknowledges its present and continuing ownership of its utilities located between Sta. and Sta. within the FDOT's RMI as set forth above. Whenever the Permittee rempves its facilities, it shall be at the Permittee's sple cyst and expense. The Permittee, at its sole expense, shall promptly remove said out pf service utilities whenever the FDOT determines said removal is in the public interest. 14. In the event contaminated soil is encountered by the Utility oranyone within the permitted construction limits, the Utility shall immediately cease work and notify the FDOT. The FDOT shall coordinate with the appropriate agencies and notify the Permittee of any suspension or revocation of the permit until contamination assessmen# and remedia#ion, as appropriate under Ruie Chapters 62-770 and 62-730 Florida Administrative Code, has progressed to a state that all environmental regulatory agencies having jurisdiction have approved the site of the contamination far resumption of work- Page 1 of 2 RULE 146 STATE O~ FL6RI[3A oEPAf2TMENT OF TRANSPpRTATION FaR~/ 710-010-85 UTILITY P~RfVIIT oce'-~oios 15. For any excavation, construction, maintenance, or support activities performed by or on behalf of the FDOT, within its RNV, the Permittee may be required by the FDOT or its agents to perform the following activities with respect to a Permittee's facilities: physically expose or direct exposure of underground facilities, provide any necessary support to facilities andlar caner, de-energize or alter aerial facilities as deemed necessary for protection and safety. 15. Pursuant to Section 337.401(2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit. The FDOT may initiate injunctive proceedings as provided in s.i2D,69 to enforce provisions of this subsection orany rule or order issued arentered into pursuant thereto. 17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such rnad or publicly owned rail corridor, the owner of the utility shall, at his or her own expenso, restore the road or publicly owned rail corridor to its original condition before such damage. €f the owner fails to make such restoration, the authority is authorized to do so and cftarge the cost thereof against the owner under the provisions of s.337.404. 18. The Permittee shall comply with all provisions of Chapter 55E, Florida Statutes, Underground Facilities Damage Prevention and Safety Act. 1S. Special FDOTinstructions: It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above listed permit wnditions and special instructions. 20. Receipt of this perm it acknowledges responsibility to cam ply with Sect'son 119.D7(3), Florida Statutes, and UAIt! Chapter 4.5.2, regarding Exempt Documents and Security System Plans Requests. 21. lay the below signature, the Permittee hereby represents that no change to the FDOT's standard Utility Permit form, as incorporated by reference into Rule 14-46.001, for this utility Permit has been made which has not been previously called to the attention of the FDOT (and signified to by checking the appropriate box below) by a separate attached written document showing all changes and the written and dated approval of the FIJOT Engineer, Are there attachments reflecting changels to the standard form? ®NO ^ YES If Yes, pages are attached. PERMITTEE Richard Hasko, Director of Envr Services SIGNATURE DATE: Name & Title at Authorized Permittee ar Agent (Typed or Printed Legibly} APPROVED BY: ISSUE DATE: District Maintenance Engineer ar Designee UTILITY PERnrtiT FINAL INSPECTION CERTCFIeaT~or~ DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: (Permittee or Agent} CHANGE APPROVED BY: DATE: District Maintenance Engineer or Designee I the undersigned Permittee do hereby CERTIFYthat the utilityconstructian approved bythe above numbered permit was inspected and inskalled in accordancevvith the approved plans made a part of this permit and in accordance with the FDOT's current UAM. All plan changes have been approved by the FDOT's ingineer and are at#ached to this permit. I also certify that the work area has been left in as good or better condition than when the work was begun. PERMfTTEE: SIGNATURE: DATE: Name 8~ Tltie of Authorized Permittee or Agent T ed ar Printed Le ibl GG: District Permit Office Permittee Page 2 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri18, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MAY 6, 2008 S.A. N0.07-O1/MOCK, ROOS & ASSOCIATES ITEM BEFORE COMMISSION Requesting Commission approval/authorization for the Mayor to execute Service Authorization 07-01, with Mock, Roos & Associates for the design, permitting and bidding of the Intracoastal Waterway Educational Passive Park. The cost of this Service Authorization is $95,000.00. BACKGROUND The Intracoastal Waterway Educational Passive Park Project was brought forward by the Downtown Development Authority, and is located on lands east of the Intracoastal Waterway and approximately 150' north and south of Atlantic Avenue. The proposed improvements will include brick paver sidewalks, boardwalks, lighting, signage, and landscaping. The purpose of the park is to provide an educational experience of South Florida native species and to beautify a blighted area that is located in the heart of downtown Delray Beach. The educational component is proposed to be tied to programs at the Sandoway House. FUNDING SOURCE The funding source is account #119-4151-572-68.35 RECOMMENDATION Recommend approval of Service Authorization No. 07-01 to Mock, Roos & Associates in the amount of $95,000.00 for the design of the Intracoastal Waterway Educational Passive Park. O O_ M N.E. N.E. v w Z 2N D ~ o z z O O m m ~ ~ O O cn z 0 Z S A T L A N T I C w Q w w > > Q Q isr S S ~ ~ Ln U= w li (n (I 2ND o = ~ ~ ~ M V Q W L.i Q 3RD 1 II n n n n n ~~, Q LiJ Q ~~. z 0 o= a w a A V E STREE AVENU N A S `. B A' ~ ~ CITY of DELRAY BEACH Intracoastal waterway DATE:2/13/08 ~~d ENVIRONMENTAL SERVICES DEPARTMENT Educational Passive Park 41}7 6©p 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 Proj. # 2007-062 1 of 1 ENGINEERS y fill ; ~_ r ,~.. ~ PLANNERS January 30; 2008 Revised February 1, 2008 Revised March 25, 2008 Revised April 10, 2008 Timothy T. Tack, Project Manager ESD/CRA City of Delray Beach 434 S. Swinton Avenue Delray Beach, ~'L 33444-2G98 Ref. Na.: A6067.01 Subject: East Atlantic Avenue Intracoastal Waterway Education Passive Park Dear UIr. Tack: We are submitting the attached Revised Proposal To Provide Professional Design Services for the East Atlantic Avenue Intracoastal Waterway Education Passive Park (three (3) originals). Please return one signed cagy to our office as our authorization to proceed with the Scope of Services outlined in the proposal. We will provide the Seope of services on an liaurlybasis with a "not to exceed" amount of X95,000. Attachment B provides a budget summary of our estimated fees and subconsultant fees. Ifyou have any questions please contact me at 683-3113, extension 231. Thank you far using Mack=Rods on this project. We look forward to working with you. Sincerely, MOCK, RODS & ASSOCIATES, I1~TC. .._ Alan D. epny Vice President ADW:cbm Enclosure Copies: Derek L. Zimmerman Bookkeeping L,:1mk1A6067.011100 3 awcm.doc C]C~C, f64F4AN ~ ~.Y$EAV'iC9#c/3, ~fiC. 5720 Corporate Way, West Palm Beach, Florida 33407-2066, (561) 683-3113, flax 478-7248 CONSULTI?V~G SERVICE AUTHORIZATION DATE: Febru 1 2008 -Revised March 25 2008 - Revised A ril 10 2008 SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. 07-01 CITY EXPENSE CODE TITLE: h2tracoastal Watet~-wa Educational Passive Park This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. Title: A reement for General Consultin Era ineerin Services I. PROJECT DESCRIPTION Mock°Roos will provide professional services for surveying, geotechnical, final design, permitting, and bidding services for the proposed park improvements. The design will be based on the Conceptual Site Plan previously prepared by Cotleur Hearing (Attachrrzent A). The proposed improvements wi11 include brick paver sidewalks, boardwalks, lighting, signage, and landscaping. The project is located on lands lying along the east side of the I~~tracoastal Waterway, approximately 150 Poet north and 150 feet south of Atlantic Avenue, Section 16, Township 46 South, Range 43 East, Palm Beach County, Block A and B in the plat of John R. Reid's Village as recorded in Plat Boob 21 at page 95 of the Public Records of Pahn Beach County as outlined. II. SCOPE OF SERVICES Phase I -Study and Report Phase Not Applicable. Phase II -Preliminary Design Phase Not Applicable MockoRoos Page 1 L:1mk1A6067.011Agreement0 I -awjl~, dac Phase >il[~ -~'i>aal. I}es>!gn Phase Consultant shall provide final design phase services in accordance with Article IILC of the l~greement for Engineering Services with the City, dated :lone 12, 2007. 1. Calculate the Properties boundary of the parcel based upon the recorded plat, documents and deeds of record and the Atlantic Avenue right-of--way map as provided to Mock•Roos by City for the subject Praperty. Research horizontal, vertical control and prepare a field control sheet for the perimeter boundary of the Properties. Deeds provided by City, will be reviewed for the following land surveying issues: matheirtatical closure, gaps and. gores, which may create anon-caiatinuotrts line of ownership and availability of subsequent documents, which znay be referenced in, provided deeds. Documents must be legible to be given consideration as to boundary location. Mock~Roos will not perforixt any research of the public records. 2. Field reconnaissance of the proposed project limits shall be performed. Photograph log wall-through will be included. 3. Recover and/or reset horizontal and vertical control based upon goverzunental monument system. Elevations will be based upon National Geodetic Vertical Datum 1929 ("N(~VD1.929"} or North American Vertical Datum of 1988 {"NAVD88") is recovered within a half rrtile of tlae Property or assumed if no existing datum is found. 4. Provide location of the following improvements lying west of the west line of the existing buildings located on the project site. Provide horizontal and vertical locations of the following, if accessible, existing above ground visible interior improvements; parking areas, west face of existing buildings, above ground visible utilities, above ground visible evidence of ingress and egress to the Property and visible utilities crossing the Property perimeter. Locate abutting roadway up to the centerline with existing elevations, curbs, and swales, above ground visible utilities, median openings, and pavement. Locate all existing sanitary and drainage structures within the project area including, if assessable, rim/grate elevations, pipe size, pipe type and invert elevations. Locate tress 4" or greater in caliper and identification of the species within the project limits. 5. Provide horizontal and vertical data far the tap of bank, edge of water and provide cross section every 50 feet along the east line of the Intracoastal Waterway for the limits ofthe project and extend 40' out into the Intracoastal Waterway. 6. Review Title Commitment or deeds for verification of existing easements and/or encumbrances on the Property as provided by City. Any easement of record provided to Mock•Roos will be shown or noted on the Survey. Title Commitment will need to be Mock•Raos Page 2 L:1n~k1A60G 7.0 t 1Agreement4l-awj h.doc effective within six months or ono year if the survey will be submitted to a goven~mental agency. It is the responsibility of the City to determine the required effective date. If no Title Commitment is provided, survey will so state and may not be acceptable for Village of Delray Beach site playa approval.. 7. Prepare a Topographic Survey in a 24" x 3C~" forma.t prepared in AutoCAD (Version 200$). Survey will be performed in accordance with Chapter ~ 1 G17-6, Florida Adaninistrative Code, Pursuant to Section 472.027 of the Florida Statutes. Survey is not to be construed as an American Land Title Association ("ALTA") srtrvey and may not meet the requirements as set forth in the Minimum Standard Detail Requirements for ALTA/ACSM Land. Title Surveys as adapted by ALTA, Azxzerican Congress on Surveying and Mapping ("AGSM") and National Society of Professional Surveyors, 2aos. $. Coordinate with utility agencies to collect available record information. 9. Prepare co~rstruction drawings which shall generally include: cover sheet, general notes, civil plan/profile drawings, brick paver cross-walk plan, boardwalk plan, decorative 1ig11ting drawings, landscaping drawings, signing plan, and detail sheets canfarrning to the requirements of the current City of Delray Beach Minimum Constntction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design. elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2008 format. 10. Prepare Contract ,Documents consisting of "front-end" documents and technical specifications shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for Road and Bridge construction. 11. Submit Construction Drawings and specifications (fo~.rr copies each) to City review at 30%, b0%, 90%, and 100% stages. Provide bid and specifications with 90% and 100% submittals. 12. Prepare an Opinion of Probable Construction Cost based upon the completed final design drawings and specifications approved by the City at the 60% and 100% stages. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. 13. Attend one meeting with the appropriate permitting agencies to determine potential permitting requirements; Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD), Florida Department of Mock•Raos Page 3 L:1mk1A5067.011A.gree€nent0l-awj h.doc Environmental Protection (FDEP} and U.S. Army Corps of Engineers (Cozp}. 14. Submit permit applications to SFWMD (No Notice Perrrait} and FDEP/Carps as required. Respond to one round of agency comments. 15. Fur~~ish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that wi11 include: a. Perform up to three (3}standard penetration test (SPT} boring to an average depth of thirty (30) feet. One SPT boring will be drilled in the north parcel and the remaining in the sa~ith parcel. Due to the vegetative cover existing on the parcels, the SPT borings will be drilled in the adjacent parking areas ofthe residential and retail developments. Permission from the property managers wi11 be obtained prior to mobilization of the drilling equipment. b. Evaluate held data ealleeted and. provide geotechnical engineering evaluation report. 16. Attend kick-off meeting and two {2) design meetings with the City and provide a written summary of the issues discussed. 17. Provide internal QAIQC reviews on the 30%, 60%, 90%, and 100% Design Documents {e.g. drawings, specifications and cast estimates). 18. Furnish with the 100% design drawings, one (I} ylar set and one (1) set of AutoCAD {Version 2008} files in electronic format {*.DWG & ~`.DWF) on CD. Specifications shall be provided in electronic (PDF & WORD} format. 19. Participate in twa public meetings. Phase ~~V - Iiiddi>~g/Negotiation Phase l . Assist City in advertising for and obtaining bids or negotiating proposals for construction. It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide twenty (20) sets of bidding documents to the City to issue bid packages. The City shall distribute and maintain a record of prospective bidders to whom bidding documents have been issued. 2. Attend mandatozy pre-bid conference and provide a written. summary of issues discussed. 3. Issue addenda and provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the Mack•Roos Page 4 L:1m1c1Ab067.011Agraement0l-awj h.doc bid period. 4. Attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract far construction. Consultant shall submit to City a written recommendation. concerning contract award. Phase 'V - Canstruction Administration Phase Upon completion of th.e final design phase, the Consultant shall submit all Addendum to this service authorization for approval of fees for construction phase services to be provided in accordance with Section 111-E ofthe Agreement with the City (if requested by City}. Assumptions Work described herein is based upon the assunzption.s listed below. If conditions differ froze those assumed in a zxaanner that will affect schedule of Scope of Work, Consultant shall advise City in writing ofthe magnitude of the required adjustments. Changes in eompletian schedule or compensation to Consultant will be negotiated with City. 1. City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. The information will be provided to Consultant within 7 calendar days of Notice to Proceed. 2. City personnel will assist in field verif cation of affected existing City facilities. This includes painting the locations of water mains, force mains, buried power line, sanitary sewers and laterals in the field far the surveyor. 3. Consultant can assume that all existing and proposed iznpraverrzents are within City of Delray Beach, rights-of way. The project will not encroach into FDOT rights-of way (Atlantis Avenue). 4. Consultant will submit a "No Notice Permit" to SFWMD. If SFWIVID requests a Standard General Permit, the preparation of this type of permit would be considered an Additional Services Item. 5. City will provide all title commitments and deeds 5. City wi11 be responsible for acquisition of easements (including temporary}, if required. MockaRoas Page 5 L:In~1A G OG7.fl 11Agreenaent€~ 1-awjh.doc 7. City is responsible for all permitting fees, inch~ding costs of public notification in local newspapers. S. A single bidding effort is assumed. Re-bidding of the project is considered an Additional Services Item.. 9. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required far compliance with any subsequent changes to those regulations is considered an Additianal Services Item not currently included in this Scape of Worl~. 10. Any seagrass mapping associated with tl~e U.S. Anmy Corps of Engineers will need to be performed during the growing season {April through August). 1 I. Lighting facilities will not include Atlantic Blvd., any signage, or landscaping. Lighting is for approximately 480 feet of boardwalk and 320 feet of paver pathways. Additional Services Additio~ral services maybe required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, permitti~~g regulations, and potential property or easement acquisitions. Additional Services can be provided by receiving a signed autlaarization from. the City. Mock•Roos Page 6 L:1mk1A6067.0 i lAgreement0l-awj h.doc IV. Completion Date The completion dates for this work will be as follows (starting at written natice-to- proeeed}. Refer to attached Project Schedule. Engineerin g; Services Time per Phase Cumulative Time Suzvey 4 weeks 4 weeks Phase III ~- Final Design 24 weeks 28 weeks {~1) Perlx~itting 28 weeks 44 weeks {xz) Phase IV -- Bidding 8 weeks 52 weeks (*1) "1'he schedule is based ulaon conducting a review meeting within 7 ca]endar days a13er City receives the Suhnsit#al. Ail review coraametsts shall tae prtrnided to Consultant within 7 calendar days aftes• City receives the submittal. An adjusintenC to the overall schedule will he required in case the review meeting takes ]onger to be condcFCted aiidlor obtaining comments takes Innger to receive. (*Z) The schedule may require adjustment based on permits through U.S. Army Cosps of F,ngineers, taarticularly any seagrass monitoring required. V. Compensation The con~]pez~sation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method 11, up to the following not to exceed cost for each phase. En 'nag Services Estimated Fees Phase III -Final Design Phase 529,260 Phase N -Bidding Phase $5,670 Permitting $ 17,240 Vegetative/Tree Assessanent $2,710 Surveying $10,240 Geotechnical $3,660 Structural $4,520 Electrical $13,020 Public Meetings. (2} $3,680 Reirz~bursable Expenses $5,000 T®TAI. PR.®~ECT C®ST $95,000 Notes: (I) Reimbu.rsnble Expenses frzclurle Ilse following: printing/reproducdion an.rl postage (2) Total project cost does trot include the $IO,OOD for Additional Services {if ¢ut7soriaerd by the Ci.ry). Moc~•Roos Page 7 L:1mk1A6067.0 ] 1A.greerrten t41-awjkt.doc This Service Authorization is approved contingent upon the City's acceptance of aa~d satisfaction of the completion of the services rendered in the previoti~s phase whereas en.campassed by the previous Service Authorization. If the City in its sale discretion. is unsatisfied with the services provided in the previous phase or Service Authorization, the City nzay ternaiz~ate the contract without incurring any further liability. The Consultant nay commence work on and Service Authorization approved by the City to be included as part of tlae contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH:: Date: Mayor Attest: Approved as to Legal Sufficiency and Form e ~. ~~ Witness ~ Name Printed ~~ Witness '~ Name Printed tSeal) Mock-Roos Page & L:Imk1A60G 7.011Agreenlent0l-awj h.doc ACKNOWLEDEMENT State of Florida County of Palm Beach BEFORE ME, the foregoing instrument, this ~ ~ ~ day of ~ pi" i~ ~ , 2008, was acknowledged by ~ c~ ~ ~ ~ ~kL~-~e~ d~ ~I , aza behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein. expressed. ~f-~'~ WITNESS my hand and seal in the County and State aforesaid this ~ ~ day ofi ~~ 6 ~ ~ , 2008. ~~ .~- Not y Public My' ammission Expires: ~~ ~ ~~~`` y,Q~~~;~.:~;~~~ Ja~~ ~. Hayes =:' Commission # DD4~9 gilt' F@A(~~~Y~AIR•In6N~~as,lrw.806.993-7018 Mock•Roos Page 9 L:1rs11c1A6467.011AgreementU 1-awjh.doc 0 4 N 315 N L U E6 C Q {4 v m ~ .X ~ y Cn .C ~ ~ ~ 7 Q ~ } m V ro a I I I I a a Q ~ ~aV':° ~ ~ a' 4 34 I4 ~ 'a N 4 ~" .~~EQ V" ~ [ O v iV 1t D N N ~ d ~ ~~I~' ~ m~cfl ~N h N ~~~ a~n ~° ~~~ gyp... ~ I ~N~ u3 cfr v3, y,~ I~r1EV E»erEV ~,~'.y3 ~ ~ ua ~ ' ~ 1 ~ ~ i m~ 3 ~°~ i i° ~ i~~ a°I ° °o ~ CO ~ '~. M ~ 4jFf}I NFS ~FAiEf3 EF3 Ff3,lfY ~ - Efl E9~H3 { ~ ~ ~ ~ ~ ~ ~ E (6 ~ ~ C7O~C7Q~ q'CJ b al0 OO_~ C~ VI'V V d'h V~V ~ct Et~'..1~ -V _~ ° ©°~`o] I ) M1 ': tl' 'V C c>'lG~ -h ~P N N,co ~ ~ cfl;cfl ~~ci cq ~~~~ ~ r ~,-~ui ~ ~O v~s~~ r~ ~ En ~a ea' ua u3 ss +ra ~ f» I I sa ~ e i0 ~ CI'7 ~ ~ ~ ~ I i ~ ~ ~ a I ~ ~ 'd' d' 'd'~~ ~ I i ~l~ll~ ~. ~ N4 jM 440 ~~0 ~ ~ M ~ ~ I I 1 ~ ~ ~~ ~ o ~ ~ ~ ~ ~ ~ o o ° T f i ~ ! - ~ ~ I - ) ~ ~ nn a a°~ I ~oolaloi°~ aa~~alo o~a m E!3 v a [ va ~ l i C s~ 3 i j O I i U .N ~ ~ ~ ~ ~ Q d O ~ ~ _ ~ C I ~ ~ ~ ~ ~ '. .N'N N'N~ah9 ~ ~~4 4 4 ~~~~~ a~M ~Id O~O ~~d I m ~ (/J ~ ~ ~ J ~!! U 3 ° --~ n~ d C ~ ~ ~ I ~'~ ~~; l C710'a la ~~- ~a ~Ola~a 3a . O lC7 ~C]C]i~~ a C7 , N Ff3 ~ E ~ ~ ! ~ll,l i~ ii! I o 'ao a ~~ ~ Anil I `o°~°~`r``~~ a'o~o~a~anCO I O C R T NiN iN~NVI I ml 11 I COIN iu7 N <r~x'm Y 7 1 ~~ 1fj ~ ~ ~ ~~ I~ ~ I ~ 1 ~ ro o o i I I i a l ~ i ' a~ o~ ~ ° ol',°,~, aoo~ 4 ca I `v `v; r vla~ 4 ~4 c3m i€ ,~, I ~ 1 I ~ I I ~„ m a ~', cnl ~ rn ~ 3 ~ I ~ m of ~; ~ ~ I I ~ ~ € I ^I^ ~ ~ Q'C1 ~I©I ` ! ,I '~~, II ~. d, c c c m' c c c Cn I ~ 1 ` N I C ~ %° : A. i O: s. mlm',~r~lc, a''~'~C] m I ~' '~ I~w Cl~I~ ~3p,L ~ O C7 ~ o C7 p, m;cp rn- - iq`n o~'o ~OI~ •~ c7 O O - CJ : [y, 0. mca o~ , ~ uEi~ m ~,tl ~ ~ '~. 'n c] ~ ', N d ~' m ~ ' d~ N- ''.«~~•A y I u+ y ', ~ I ~ .% O N. . c I m _ a ~ m ~ ~ ro! ~nr ti t ' C ~ 1Q ~ ,-~N ~('~ et', p~ CR: ' ~ ~ ~ q~ C. N M 1' O ~- ~ ~' ~=~ ~~ ~''i ~ c'~i U ~ ~ 3 ¢' ~ ~ ` d . . ~ i it ~p ' ~ ~Vi (lINVil~ C t6 (6I cis RS ~ 1~,:1-- F--III F-.F``fq : ~fn~N V3 N'•Q; ~ N II N N. ~; 0~ F-^ll~ t~_r--'u~; ~, ~ U - ~~i~p,, CV,p'~ ~~ C m I N C 3 7 ~ a.r-~`1 U3 C~3(q l!~ta.I V~. ~ Ui f17N tC~E O? Q O ~ N r~Fll-IVS~[Y G7 ~ a x ,= 4 D 1` O (0 Y E ~i MEMORANDUM TO: Mayor and City Commissioners FROM: Rebecca S. O'Connor, Treasurer Joseph M. Safford, Director of Finance THROUGH: David T. Harden, City Manager DATE: Apri129, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF MAY 6, 2008 RESOLUTION NO. 14-08 ITEM BEFORE COMMISSION Reimbursement Resolution No. 14-08. BACKGROUND Resolution No. 14-08 declares an official intent with respect to reimbursement of temporary advances made for capital expenditures to be made from a subsequent borrowing. The City will be reimbursing expenses relative to parking meter equipment. The City is required by the IRS to issue a Declaration of Intent if expenses are incurred for capital projects prior to receiving funding. Tax law requires that a declaration be made within 60 days of the first expense relative to a project or asset. This declaration falls within the 60 day period and, therefore, provides for compliance. FUNDING SOURCE N/A RECOMMENDATION Finance recommends approval of Resolution No. 14-08. RESOLUTION No. 14-08 DECLARATION OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS WHEREAS, Treasury Regulation § 1.150-2 (the "Reimbursement Regulations"), issued pursuant to Section 150 of the Internal Revenue Code of 1986, as amended, (the "Code") prescribes certain requirements by which proceeds of tax-exempt bonds, notes, certificates or other obligations included in the meaning of "bonds" under Section 150 of the Code ("Obligations") used to reimburse advances made for Capital Expenditures (as hereinafter defined) paid before the issuance of such Obligations may be deemed "spent" for purposes of Sections 103 and 141 to 150 of the Code and therefore, not further subject to any other requirements or restrictions under those sections of the Code; and WHEREAS, such Reimbursement Regulations require that an Issuer (as hereinafter defined) make a Declaration of Official Intent (as hereinafter defined) to reimburse any Capital Expenditure paid prior to the issuance of the Obligations intended to fund such Capital Expenditure and require that such Declaration of Official Intent be made no later than sixty (60) days after payment of the Capital Expenditure and further require that any Reimbursement Allocation (as hereinafter defined) of the proceeds of such Obligations to reimburse such Capital Expenditures occur no later than eighteen (18) months after the later of the date the Capital Expenditure was paid or the date the property acquired with the Capital Expenditure was placed in service, except that any such Reimbursement Allocation must be made no later than three years after such Capital Expenditure was paid; and WHEREAS, the CITY OF DELRAY BEACH (the "Issuer") wishes to ensure compliance with the Reimbursement Regulations; NOW, THEREFORE, be it resolved by the Commission of the Issuer that: Section 1. Definitions. The following definitions apply to the terms used herein: "Allocation" means written evidence that proceeds of Obligations issued subsequent to the payment of a Capital Expenditure are to reimburse the Issuer for such payments. "To allocate" means to make such an allocation. "Capital Expenditure" means any expense for an item that is properly depreciable or amortizable or is otherwise treated as a capital expenditure for purposes of the Code, as well as any costs of issuing Reimbursement Bonds. "Declaration of Official Intent" means a written declaration that the Issuer intends to fund Capital Expenditures with an issue of Reimbursement Bonds and reasonably expects to be reimbursed from the proceeds of such an issue. "Issuer" means either a governmental unit that is reasonably expected to issue Obligations, or any governmental entity or 501(c)(3) organization that is reasonably expected to borrow funds from the actual issuer of the Obligations. "Reimbursement" means the restoration to the Issuer of money temporarily advanced from other funds, including moneys borrowed from other sources, of the Issuer to pay for Capital Expenditures before the issuance of Obligations intended to fund such Capital Expenditures. "To reimburse" means to make such a restoration. "Reimbursement Bonds" means Obligations that are issued to reimburse the Issuer for Capital Expenditures, and for certain other expenses permitted by the Reimbursement Regulations, previously paid by or for the Issuer. "Reimbursement Regulations" means Treasury Regulation § 150-2 and any amendments thereto or superseding regulations, whether in proposed, temporary or final form, as applicable, prescribing conditions under which the proceeds of Obligations may be allocated to reimburse the Issuer for Capital Expenditures and certain other expenses paid prior to the issuance of the Obligations such that the proceeds of such Obligations will be treated as "spent" for purposes of Sections 103 and 141 to 150 of the Code. Section 2. Declaration of Official Intent. (a) The Issuer declares that it reasonably expects that the Capital Expenditures described in Section (b), which were paid no earlier than sixty (60) days prior to the date hereof, or which will be paid prior to the issuance of any Obligations intended to fund such Capital Expenditures, will be reimbursed with the proceeds of Obligations, representing a borrowing by the Issuer in the approximate principal amount for such Reimbursements of approximately $250,000; and (b) The Capital Expenditures to be reimbursed are to be used for: 15 LUKE Multi- space Pay Stations and 250 POM Single Space Parking Meters and ancillary costs to make the equipment operational. Section 3. Reasonable Expectations. The Issuer does not expect any other funds (including the money advanced to make the Capital Expenditures that are to be reimbursed), to be reserved, allocated on a long-term basis, or otherwise set aside by the Issuer or any other entity, with respect to the Capital Expenditures for the purposes described in Section 2(b). Section 4. Open Meeting. It is found and determined that all formal actions of this Commission of the Issuer concerning and relating to the adoption of this resolution were adopted in an open meeting of this Commission of the Issuer; and that all deliberations of this Commission of the Issuer and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law. The undersigned has been authorized by Commission of the Issuer to sign this resolution on behalf of the Commission of the Issuer. Passed and adopted in regular session on this 6th day of May, 2008. CITY OF DELRAY BEACH By: Mayor Attested by: City Clerk Page 2 Res. No. 14-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MAY 6, 2008 SPECIAL EVENT REQUEST/EXCLUSIVE SPORTS MARKETING VOLLEYBALL EVENTS ITEM BEFORE COMMISSION Approve a special event request for Exclusive Sports Marketing Volleyball to hold two volleyball events on the beach adjacent to Sandoway Park on May 17-18, and July 19-20, 2008. BACKGROUND Exclusive Sports Marketing has had successful volleyball tournaments on our beach for many years. The tournaments will be for men, women and coed double teams held on 30-40 volleyball courts. There will be two center courts including four 5'x7'x17' scaffolding towers, and10'x10' pop up tents. Setup for both tournaments will begin on Wednesday May 14th and July 16th and the beach will be cleaned and cleared by Sunday May 18th and July 20th. City staff will provide two sets of bleachers for each event. Players will be charged a $5 parking fee if they use the Sandoway parking lot which will be overseen by the Ocean Rescue. Exclusive Sports Marketing will donate $1,000 per event to the Ocean Lifeguard competition fund. Attached are the request letters, DEP approval, and insurance documents. RECOMMENDATION Recommend approval for the ESM Volleyball events for May 17 & 18, and July 19 & 20, 2008. ~~~,usirr~ s,~r~~~s :. G M~+~~~~-rwN Providing th® best rn i7ecreation ~ Sports ,Bntertainm®nt Qc~tober 10, 2007 fob Taylor Ocean Rescue Superintendent 340 S Ocean Blvd Delray Beach, FL 33483 Bob, We are .requesting pettxaission for the Zephyrhilts~'"~ dig the Beach Series to nnce again be held in Delray Beach. We would tike to bring the series intp L7elray Beach on the weekend of May 17-1 $, 200$, as well as, the weekend pf duly 19-20, 2008. 'X'he series will follow similar logistical guidelines as squired in previous years. We would arrive and begin setup on Wednesday, May 14 and have the beach cleaned and cleared by Sunday night, May 1$. The Wednesday through Sunday logistics would apply to the .luly date as well. We would begin setup on Wednesday, July 15 and have the beach cleaned and cleared by Sunday night, .lu1y 2Q. We anticipate the tournament witl consist of 30-40 beach volleyball courts. The two center courts will be the only area additional structures are setup (layout included). Our larger items include: four 5'x 7'x 17' scaf'foldin~ towers, l0'x 10' pap up tents, and inflatables. These are the saKne items as years past with no major additional structures being planned. Xn Z007 the tournament drew 190 Learns during the weekend event. We lapk to maintain those numbers as we averaged 240 teams for the weekend throughout last summer. We anticipate through our athletes, families, friends, and beach spectators Hearty 1000 pepple at the weekend event tin Delray Beach. Our loyat supporters will have an economic impact on the businesses of Delray Beach, and we look forward to your continued support. Delray Beach has been a mainstay on our series schedule. Our staff, athletes, sponsors, and spectators are familiar with the event_ 1-toying pur office in Baca Raton, l7elray Beach has become our backyard for beach volleyball. We appreciate your hetp to ensure this perennial beach volleyball event. We took forward to making another successful tournament weekend. Contact us with questions. Sincerely, ~~ ~l'roy Forte .went Director 561.241.3801 x112 ~~;a'c~yi ~),4;~cltts iye ~c:~rt5.c: c~t~.~t w,w~r.cl i~t.[ttbeach,c~c~rt~. in40 Holland Drlve Suite A • Baca Ratan, Ft. 33487 Ta1561.241.38D1 • Fax 581.241.38fl6 • vaww.excluaiveaparts.com Z0 ~~J~1d W~~ ~08E~b~~L9 ~0 ~bL L00~/~I/0Z ~c~,u~~v~ ~PORy.~ ~'~RK~Tt~~ Providing the Best in Recreafion & Sports ~'nfetfainmenf February 2S, 2008 Bob Taylor City of Delray Beach 340 Soutlz Ocean Boulevard Delray Beach, FL 33483 Bob, The following is a plan of execution for Exclusive Sports Marketing beach volleyball tournament scheduled for May 17-18, 2008. SPEC~AII., EVENT TAPE Beach Volleyball Series Event • 2004: 1.60 teams • 2005: 193 teams • 2006: 190 teams • 2007: 190 teams PR®DUCER Exclusive Sports Marketing, l"ne. (www.exclusivesportsmarketing.com) • 22 years in special events, 17 years producing beach volleyball events • 200+ tournaments produced in FL, GT, SC, NC, VA, T~, 7 the Bahamas • President Chris Colgan --- col an exclusives orts.com TARGET lDA7['E Tournament play on Saturday, May 17 and Sunday May 18, 2008 • Event crew arrives on Wednesday, May 14 • Crew departs on Sunday night, May 18 • Projected timeline enclosed L©Gatinn Delray Beach Public Beach: The event has been located. approximately'/4 mile south of Atlantic Avenue. Volleyball courts will be set up between lifeguard tower S3 and extend south into the recreational area. The beach width and level. surfaces will dictate the location of the courts. Courts will not obstruct lifeguard or emergency staff or vehicles. • Overall and Center Court site plans enclosed No ESM structures will block the lifeguards view of the water in any manner 1tf48 Tolland C3rive Suite A o Boca Raton. FL 33487 ~o~,us~vE spoR~.s ~aRKET~~~ Pro~riding the hest in Recreation & Sports Entertainment • Bleachers- city has provided 2 sets as in previous years, ideally delivered on Friday morning, May 16 ~- Sound System- controlled volume levels used for PA announcements and music ESNs VEHYCLE PARKING • Event box truck staged on S Ocean Blvd. o All ether ESM vehicles will be staged in parking lots far overnight parking • Ocean Rescue will create parking permits for eventlpromotians staff and VII' ATHLETE PARKIl~TG • Ocean Rescue will oversee parking s $5 for athletes all day parking pass far Sandaway and Anchor Parking fats CABANA SERVICES • ESM will contact Oceanside Beach Service to ensure both the cabanas and volleyball courts can share the beach TRASH MANAGEMENT • ESM will have garbage bags throughout the event site • ESM will communicate with Universal Beach Cleaning to remove all trash bags • ESM will conduct a complete beach walk through to pickup all trash after the tournament in efforts to leave na trace • ESM respects the beaches we visit and will help maintain their integrity DONATION • ESM will donate $1000.00 to the City afDelray Beach to be used far the Ocean Rescue Competition Team. To the Beach, Tray Farce Event Director Exclusive Sports Marketing 10401-Tolland Drive, Suite A Boca Ratan, FL. 33487 Office: (561} 241-3801 ext. 11.2 Fax: (561) 241-3805 Tra~.exclu sivesports. coin 7i140 Holland ©riVe Suite A s Boca Raton. FL 33487 ~~G`L.,USYV~ a~"Ppgt7,.S ~9p R K ~T ItsC~ Providing the Besf In Recreation & Sports Entertainment February 25, 200$ Bob Taylor City of Delray Beach 340 South Ocean Boulevard Delray Beach, FL 33483 Bab, The following is a plan of execution far Exclusive Sports Marketing beach volleyball tournament scheduled for July 19-20, 2008. SPECIAL EVENT TYPE Beach Volleyball Series Event • 2004: 160 teams a 2005.: 193 teams • 2006: 190 teams • 2007: 190 teams PRODUCER Exclusive Sports Marketing, Inc. (www.exelusivespartsmarketing.com} e 22 years in special events, 17 years producing beach volleyball events • 200+ tournaments produced in FL, GI, SC, NC, VA, TX, 7 the Bahamas • President Chris Colgan -col ran Q,exclusivesparts.com TARGET DATE Tournament play on Saturday, July 19 and Sunday July 20, 2008 • Event crew arrives on Wednesday, July 16 • Crew departs on Sunday night, July 20 • Projected timeline enclosed L©cation Delray Beach Public Beach: The event has been located approximately'/a mile south of Atlantic Avenue. Volleyball courts will be set up between lifeguard tower S3 and extend south into the recreational area. The beach width and level surfaces will dictate the location of the courts. Courts will not obstruct lifeguard or emergency staff or vehicles. Overall and Center Court site plans enclosed • No ESM structures will block the lifeguards view of the water in any manner 1©4b Holland 1]rive Suite A e Boca Raton. ~t_ 33487 ~~~,vsav~ s~Q~,~s Providing the 8esf in Recreation & Sports ~nfertainmenf • Bleachers- city has provided 2 sets as in previous years, ideally delivered on Friday morning, 7uly 18 • Sound System- controlled volume levels used for PA announcements and music ESM VEHICLE PAR~TNG • Event box truck staged on S Ocean Blvd. • All other ESM vehicles will be staged in parking lots far overnight parking • Oeeari Rescue will create parking permits for eventlpromotions staff and VIl' ATHLETE PACING • Ocean Rescue wi11 oversee parking • $5 fvr athletes all day parking pass for Sandoway and Anchor Parking lots CABANA SEIt~ICES • ESM will contact Oceanside Beach Service to ensure both the cabanas and volleyball courts can share the beach TIRASH MANAGEMENT • ESM will have garbage bags throughout the event site • ESM will communicate with Universal Beach Cleaning to remove all trash bags • ESM will conduct a complete beach walk through to pick up all trash. aver the tournament in efforts to leave no trace • ESM respects the beaches we visit and will help maintain their integrity To the Beach, Tray Forte Event Director Exclusive Sports Marketing 1.040 Holland Drives Suite A Boca Raton, FL. 334$7 Office: {561} 241.-3801 ext. 112 Fax: (561) 241-3805 Tro exClusi"veS~}Orts.coixi 1Q4A Haliand #]rlve Suite A ®13oca Raton_ FL 334$7 p'LC~1~17fA ~]EY"ARTMYvNT U~' ENVIRONMENTAL PROTECTYt)N Burerxt- of Seacltes and Ccsastat Systems 39gq Commonwealth Blvd - M5 3qq PIRnn,Y N~.ia~: -~ t~ 2 ~ ~ ~ 7 _ '~''~ Tallahassee, l{L 32399-3Q00 (850) 4$8-??(!$ Xc~ gfPa~,~pr~elhed: ..~ FiEL© P'L~R1rri"I' PU)RSUAN~' TO 3ECl"IC1N Ib1.OS3 or 161.tRSZ, FLORIDA STATV~'E5 ~rpn+~cs orn t~`ACT Arm cor~t~..uslol~8 0~ law: T~ ra~treat ~ . pta7nndt ~. eoet>;tleted ~- ~ .~1" of ~, ~ cif ~tn~trt pt;~ .»e found oa he a~ ~ ~ dte ~a~ o~ CMpMr ~-~~. ~• ~~ Ga3ts (.F.A.c.~. Apprnralu apeeit3otlt~ lintlaaA as the adiriry in ehc etueAed lacxdan aetd b~ Ilro prajaat desoriptitxt„ approved ptms CJse-x~, sWolred ~ aatrEfi~tlatn. ~d °t}' naneli~tions .taLed babes purtttt•at b ~ 16t.gS3{3}. Flusibe~ This peunt~uit a~rsy be suap<adod or nrwrlaad in errcotde~trtrb witlt S~atian b't. 4.1gt), F.A.C. t~~CrAL l1N~1$.M~' Ct~Nll'tSt 's'!it• patttrtt w v+rlic# ~' a11er a$ appllaal~c FeitYpral, state, acrd bawl pesmiae eons abdunad ead diooa not wthreri'de oontesvention d Ia~sl ~ ~ ar or baWistg codas. Ttia pannrt ^ttd WMia notir+a alprll be poeaed oa tMe silo irarensdislaiy ttpan lrsesuro~ and r~ ranriftt }~ ~B ~ baai apprnva) uad7 tha aKrterpietioa of eery wdnity aathotf~od by t#tis l t7tttor ipaiat aatttllaiatst d titia pa~tttit irtaltrdc: ~'_""" ,~.,. A ~.. t'P-fi`t` h~~ "T~! ~--a' ~~' ~~..: ~1.. `7 f , ~ '7G~ i~ ~] "~ 1 STANDARD 1'>6R1~ ~: 11ta potttotlea alattl aawr~ply ~ q~e atGr~ltwd aWedsed fdd pewaplt ooteditiaets. A'M"'LLCANT Ilttl~4RMAT1oN: I baewby ~ that I ant eiAlt~r. {lit) tlto awnwx as'tlte . peOp'Qh ~[ {Ib) I Mawr the erwwat'a eaetaattt b s~ t~ permit on the a~wnat's beha'~ and that ('2) I rr11 ol~Aizw ~ ap~abla ivatnaa a' pemtib~t ett1~Y ba r~agtbed bj' fedotetl. MrA~'+. oat~iy, or ~rerws~rt Isw error eo nnrrartanaattent al' the auNtnrimed vMOrt~ (3)1 r~.rted8e that the t`trgto~ind rust es ~rMleed I eeyteeated; sad (4)1 anaewpt ~ rbr aamp6amdo vriM NE ~ a _~- Ap~plio~si'a t~*d Nirreta.,,-_r,.~~'" ;~ /~ l! oc~~~ Addgllllk .C' J f~i G i.' ~ f .~w(,~! 'y l."-'I' If npplraa[tt fs s3r ~ ~'`~ _t Y o ~' .4~..~E:: f _C~A'~.- _ ! `,..~....) .,... y+ir~~rrrrwwe~lMelPw'~'a~."r"r 1-rvF'p4Yo*ww~r ~w~t-oerwwrw~ +- DBPARTM6K1` 1M'fNAi~ AC'ft[1r1 Altpi~ tl~,,liptG AND ACtthlot#-L16DGM~NT; 'T1rs Gefd paettt is yrpwavad aer bdtdF of tha T,Adpafirwnt at Envir+nnarrarW Pts~lo~tidn by the ~ rar@" ~, ard~ ntt this d~Ar;. ptesserat Ira aebti~t iZta.52. F.l4~, ww~ tM tre30ESi~YgO d~ptrpatad Dept~y cbrtc,, rtx~+oipc ~'.droh ~ hert~.o>mtrwied~d. f3~ ~~ ,~..~ ... 3 -~ ~,`~ ~ CMfr ~ ! ~ a - . lru>huc ~ THS ^ra~ ~-~'1'HIIS l~w~ar. to Saop~at t~H-33.o14. F.A.C., sr thsa~ittaNtM. '1'1re aprD~mry aP~' a aitcrrlar tielte } p,~RQ81+i!CY P~iMt[: © YES ~IdK3 DF.P Form 73-122 (Updated p1/46} ~e ~~~~ ~~ ~.. ~r vas ~'at~rr a~,~"" ..~._..'~- -- lrrxll~-~zorl nwrlr<: `9~ ~ o M ~ ~ a vedb! for no ttrot+o tram tretetr ~ acrd ai~rer~~panttib ire immier Appriuwrtl puns sea end: ~S ©NO AND FUBLIC 1~0'TCE CONSF'ICUOUSY~Y ON THE ~TI'L ~ c~r~ I n~ c~r+~l ~r ~~tl w~ ~es~tr~~~~ r~~:i~ ~ee~~~z~ze P~n~r~~ (386)672-4260 FAX (386672-4s~o THIS CEFI'~'IFlOATE 15 ISSUEt] AS a p~~Ti~R of ~ra~as~r--T~® Rand Sports ~ Enterta~ n~ent Insurance, Inc. ®~4LY AtdD CD~~EIRS ~O ~~~tITS ~1~R8 THE CEtR'1 iFBOATE #9OL!]IeR. IFfi.s CE6'~`~8CA7"E DOS @IOl' ~EPlO, EXTEND ®F3 400 South /AtV antic ~ventae AL'fE$'i TfiE CO{IERA~,E A,EE(3F[L]ED B'Y'i'iifE ~pLtClE6 BELOW. Sea~te 1#~1 Urmand BeacEa, FL 3217~a--7142 1NSU~tER~ A~f~EiDING CONEltAGI~ S+~AflC # INSURr"n E~ctiusive Sports ~9arketin~, Inc. INSURERA: EVereSt Natitanal Ins rCts 104© Holland ~riwe, Suite A INSURER a: AIG Life Ins Co BdC~ ~atCan, FL 334$7 lNSURERC: 1NSURER D: ENSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOp INDICATED. NOTWITHSTANDING TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ESSUEb OR ANY flEQUIREMENT , MAY PERTAIN, THE INSURANCE RFFORbED BY ~E POLICIES bE5CRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIM€TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iPi6q TxPE OF iPIS1.111AWCE POLICY NF.iApBER ~- SFFECTaVE Y EX6RHAT#gEl 1J5 GEltERAL LIABFLRY 70G~.000314-081 02~27~20[f8 C9~:~17~2009 EACH OCGURREldCE $ 1, 000 04 X COMMERGlALGENERAL UABlIJTY DAMAGE TO RENTED $ ~~~ (~a CLAIMS MADE ®OGCUR MED E)CP [Airy one pe[san) $ Excel ~IdB A X ~al sa~nt LeC Partiei PERSONAL&ADVINJURY $ ~,.=(IIIO~®~ „ ~ X zab UOP t ~EaSt Li GENERAL AGGREGATE $ ~'0®0,®Q „ ~ GEN 'L AGGREGATE LEMIT APPLIES PER: PRODUCTS - COMPlOP AGG $ 1, Q{I(} s OID POLICY X ,FIECT LOC AUTOWABIF.Et,WBtL1YY ~ ~B~ 02~17~2t3DS~ ®2~17~200~ COMHINEDSINGLEtlMIT $ ANY AUTO IEaacoiderrl) ~, ~(~p ~ ~(' X ALL OW NED AUTOS k?OpILY B~IJURY $ SCHEDULED AUTOS (Perperspn} ~ X HE3~ED AUTOS BODILY INJURY $ EPeraxiderrl) X NON-CSWNEDAUTOS X ~#i red Whys {?arog - PROPI=RTY DAMAGE P r ociderd $ - { ) e a GAEiARELlAB[LftY AUTO ONLY-EA ACCIDENT $ A TO OTHER THAN ~ ACC $ ANY U AUTO ONLY: AGG $ A ~~~ Va~flELl E SS EACH OCCURRENCE $ . X~ l OGOUR ~ GlAlMS MADE AGGREGATE $ „ $ DEDUGTI6LE $ f{ETENTION $ $ C 9TATU- OTH- lPENSATEDN AAIia ..... WpRKEI~ti COk E6APLOYEliF,' LtA~ln'Y E.L. EACH ACCIDENT $ ANY PROPRIETORlPARTNERlEXECUTlVE OFFIGERlMEM9ER E%GWDED? E,L DISEASE - EA EMPLOYE $ [I yes, descr~e under SPECWL PROVISIONS below E.L D15EASE -POLICY L3MR $ ~!'+I i l t A ~ i SRG00D~1U~755 02/17/2[i0+'~ 02/17/20E1~ 5$D,000 Medical/ 10,0D0 AD+~ ~ earo pant ec art ic B d~PROY1510N5 DE ~3~P 71 0~ Ofld~~'t ' ' S~ 1 ~ r L~ ~ ~ ~~@ ~9m ~eR` t@S PL ~ It aRd6~ 1~d~d ~ 7 13C '~S:~Ed ~~nt dates: Atay 17-16,20013/3{Irsly ~.~-2a,a~al~ SHOip,ID APiY OF THE ABOVE DL~CII~~ PtlOLIgE$ BE CANCEE.EFA BEFORE TfiE Z:JCPIRATIDM DkTETa1EREOF,THE i5'SlA9[(d It~SUREA WILR ENDEAVOR TO NtlA1L @~ ray Beach DAYS WRIT7EAl NOTlGE TO THE CERTlF9CATE HOLFIER NAA;IEp TQ THE LEFT, pity ®'~ ~el ray BeaC~'a Bi)T pAfW RETO sucH rtoTlcE sHaLL I3APOSE NO tsBLIwTlola oR uABU.ITY Attu • Blab Taylor t Wvenue t 1 S0 t~1 ^FaxrIUPIDU-~ONTHEli~IRER,lTSAa~IrrsoBR;:IadrdTlYES. a s Del ray Beach, EL 33444 Aemiol~o €~Pa~s~arrraTnre ~' John Band Ll'Mmi ~~~~~'~ (•~1l#lB) ~AGd~FfD G~HPfJ~l~lTd~l~ 7°}tlta Add~ti~n~~ coverages and ~~ctnrs ~3/p~/20~E8 Line of Business Coverages far Business Auto Coverage Limits fled/Ded Type Combined single limit 2,000,000 pgP..gasi c Statutory [~edical payments 5,000 Uninsured motorist 1,000,000 combined single limit Underinsured motorist 1,000,000 combined single limit Comprehensive ACV 1,000 Collision ACV 1,000 Line of Business Coverages for General Liability Coverage Limits Ded/Ded Type General Aggregate 2,000,000 Products/Completed Ops 1.000,000 Aggregate Personal & Advertising 1,000,000 Ire jury Each Occurrence 1,000,000 Eire Damage 100,000 Medical expense Excluded Participant legal included Rate Premium Factor Rate Premium Factor MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: May 2, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF MAY 6, 2008 AMENDMENT NO. 1/INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/135 NW 5TH AVENUE ITEM BEFORE COMMISSION Approval of an amendment to the Interlocal agreement between the City of Delray Beach and the CRA for construction/ renovations to 135 NW 5~' Ave. BACKGROUND At the August 7, 2007 meeting Commission approved an Interlocal agreement with the CRA for the management and funding of the construction/rehabilitation of the CRA-owned mixed-use building located at 135 NW 5~' Avenue. The agreement was later amended on January 3, 2008. Since the approval of the Interlocal agreement, the City issued an RFP for the rehabilitation of the building, awarded the bid to Stuart and Shelby Development, but ultimately rescinded the bid award due to the lack of a performance bond, which was required to be included with the bid. After gaining Commission approval on March 18, 2008, to rescind the bid award, the project was re-bid on March 27, 2008. The bid opening date for this project was April 25, 2008, and Stuart and Shelby Development was the sole responsive bidder. Upon awarding the bid to Stuart and Shelby Development, Article 3 of the Interlocal Agreement must be amended to reflect the new project cost in the amount of $610,723.00. The CRA will cover the full cost of the rehabilitation work and the City will be paid an administrative fee for handling the project equal to 2% of the total job cost, not to exceed $20,000.00. FUNDING SOURCE CRA RECOMMENDATION Staff recommends approval of an amendment to the Interlocal agreement between the City and CRA for construction/ renovations to 135 NW 5~' Ave. PREPARED BY: RETURN TO: City Attorney's Office 200 N.W. 15 Avenue Delray Beach, FL 33444 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE CONSTRUCTION/REHABILITATION OF 135 NW 5T" AVENUE THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into this day of , 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA") WITNESSETH: WHEREAS, City and CRA, pursuant to Section 163.01, Florida Statutes, have heretofore entered into that certain Interlocal Agreement dated the 3rd day of January, 2008, providing for construction/renovations to 135 NW 5t" Avenue; and WHEREAS, the City issued an RFP for the rehabilitation of the building and Stuart and Shelby was the lowest bidder at Five Hundred Fifty-Four Thousand Three Hundred Twenty-Three Dollars ($554,323.00), but the bid award was rescinded because Stuart and Shelby did not provide a performance bond as required; and WHEREAS, on March 27, 2008, the project was re-bid and Stuart and Shelby was the sole responsive bidder with a project cost of Six Hundred Ten Thousand Seven Hundred Twenty-Three Dollars ($610,723.00); therefore, the parties to the Interlocal Agreement desire to amend Article 3, Section 3.1 of the Interlocal Agreement dated January 3, 2008 in order to reflect the new project cost. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. That certain Interlocal Agreement entered into on the 3rd day of January, 2008, by and between the City and the CRA is amended as follows: 1. Article 3, Section 3.1, "Construction Costs and Administrative Fee" is hereby amended to read as follows: 3.1 Construction Costs and Administrative Fee. The CRA shall provide funding for the cost of the work performed by the contractor, in an amount not to exceed ~~~~~ u, in~ror! Cif+.. Ci,i it Thrv~gn~nro~i~rc~ Trap n4~i Throo nr~~~~ro iQti~Z`~~7 Six Hundred Ten Thousand Seven Hundred Twenty-Three Dollars ($610,723.00) (the "Construction Funds"). The CRA shall not be liable for the payment of any funds in excess of the Construction Funds, unless the CRA Board of Commissioners has approved the expenditure of additional funds. In addition to the payment of the Construction Funds for the work performed by the contractor, the CRA shall also pay the City an administrative fee in an amount equal to 2% of the cost of the work performed by 2 the contractor. Notwithstanding any increase in the amount of funds paid to the contractor by the City, the administrative fee paid by the CRA to the City shall not exceed Twenty Thousand and 00/100 Dollars ($20,000.00). 2. This Amendment shall become effective upon ratification by a majority vote of the City Commission and the CRA Board. 3. This Amendment shall be filed with the Clerk of the Court in the Fifteenth Judicial Circuit in West Palm Beach, Florida. 4. The Interlocal Agreement as heretofore amended shall remain in full force and effect, altered only to the extent of this Agreement. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor Approved as to Form: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2008, by as of the City of Delray Beach, a Florida corporation, on behalf of the corporation. He/She is personally known to me. Notary Public -State of Florida 3 ATTEST: Diane Colonna, Executive Director (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Frank Wheat, Chair The foregoing instrument was acknowledged before me this day of 2008, by as (name of officer or agent, title of officer or agent), of corporation (state or He/She (name of corporation acknowledging), a place of incorporation) corporation, on behalf of the is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF MAY 6, 2008 BID AWARD/STUART AND SHELBY DEVELOPMENT-GULFSTREAM ROOFING/135 N.W. 5TH AVENUE ITEM BEFORE COMMISSION Approval is requested to award bid to Stuart and Shelby Development/Gulfstream Roofing for renovations to 135 NW 5~' Avenue in the amount $610,723.00. BACKGROUND At the August 7, 2007 meeting Commission approved an Interlocal agreement with the City for the management and funding of the construction/rehabilitation of the CRA-owned mixed-use building located at 135 NW 5~' Avenue. The agreement was later amended on January 3, 2008. Under the agreement, the CRA agreed to provide all funding necessary to complete the renovations, while the City agreed to oversee construction of the project including the work write-up, bid process, inspections, payments to contractor etc. The original bid opening date for this project was October 9, 2007, in which Stuart and Shelby Development/Gulfstream Roofing was the lowest responsive bidder. Commission awarded the bid at the November 20, 2007 meeting; however, it was later determined that the bid should be rescinded because it lacked a performance bond. Authorization to rescind the bid was approved at the March 18, 2008 meeting; allowing staff to re-bid the project. The project was re-bid on March 27, 2008. The bid opening date for this project was Apri125, 2008, in which Stuart and Shelby Development/Gulfstream Roofing was the sole responsive bidder. Approval is requested to award bid to Stuart and Shelby Development/Gulfstream Roofing for renovations to 135 NW 5~' Avenue in the amount $610,723.00. City approval is contingent upon CRA Board approval at their May 8, 2008 meeting. The CRA will cover the full cost of the rehabilitation work and the City will be paid an administrative fee for handling the project equal to 2% of the total job cost, not to exceed $20,000.00. FUNDING SOURCE CRA RECOMMENDATION Staff recommends approval to award bid to Stuart and Shelby Development/Gulfstream Roofing for renovations to 135 NW 5~' Avenue in the amount $610,723.00 contigent upon approval by the CRA. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION BID INFORMATION SHEET BID #: 2008-33 PROJECT ADDRESS DATE OF BID LETTERS DATE OF BID OPENING 135 NW 5th Avenue March 31, 2008 April 25, 2008 GENERAL CONTRACTORS Sturart & Shelby Development/ Gulfstream Roofing Mouw Associates Hatcher Construction Randolf & Dewdney Construction ~ BID AMOUNTI BID BONDI $ 610,723.00 Yes no bid provided letter no bid no bid In-House Estimate: $ 566,666.80 CONTRACTOR AWARDED CONTRACT: Sturart & Shelb /Gulfstream Roofin BID/CONTRACT AMOUNT : $ 610,723.00 FUNDING SOURCE: CRA Account # COMMENTS: Awarded to lowest responsive bidder. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF MAY 6, 2008 PROPOSED BUDGET FOR THE BEACON CENTER AT VILLAGE ACADEMY FOR 2008/2009 ITEM BEFORE COMMISSION City Commission approval to allow staff to submit the required budget in partnership with the Beacon Center at Village Academy. The total grant award from the Children's Services Council for Fiscal Year 2008/09 is $807,460. BACKGROUND The City of Delray Beach is the fiscal agent for funding granted from the Children's Service Council in support of the Beacon Center at Village Academy. The City's non-profit partner contracted to carry out the program and services under a formal agreement, approved annually by the City Commission, is the Achievement Center for Children and Families (Community Child Care Center). The proposed budget includes apass-through allocation in the amount of $183,748 to Families First of Palm Beach County for two (2) full time Social Workers and the associated clerical and management service. The allocation for the 2008/09 is at $807,460, thus ACCF's share of the grant is at $623,712. The allocation is a slight increase over the 2007/08 grant. The agreement between the City and CSC will be scheduled for the appropriate City Commission agenda after the proposed budget is approved by CSC and the contract is submitted for execution. FUNDING SOURCE Children's Services Council of Palm Beach County RECOMMENDATION Staff is recommending City Commission approval to submit to the Children's Service Council the proposed budget for the Beacon Center at Village Academy for Fiscal Year 2008/2009, in the amount of $807,460. 65161/2668 69:99 5512758189 COMM CHILD CARE Children's Services Council PALM BEACH COUNT Y N[arclt 28, 2008 Timotlxy Sitxtna4ns city of Delray Beach Beacom Centex at Village Academy - Q~7S 50 NW 1st Avenue Delray Beach, FL 33444 Dear Mx_ Sitx~otts: PAGE 62 2300 High Ridge Road Boynton Beach, FL 3342b Main 561,740.7000 Tel 6Q0.331.ikb2 Fax 561,835.1956 wv,+w.cscPbc.arg Over the Bast several ;tnomths, the Cltildren.'s Services Council of Palm Beac$ County (CSC) b,as beets informing providers of its focus on creating greater systems of accountability -not only for us, but also for the agencies arad programs that we fund. In keeping with that focus, CSC"s appraaclt to tkte 2048/21109 progzain allocations continues the process of bringing a closer correlat%on between budgets and service- level objectives. The goal of the 200$12009 process xs fox providers to plats trzoxe in developing budgets so fewet• fintzds are 'le#~ unspent at the end o>F' the year. Last yeaz, CSC used cost drivers and histoxical, spending patterns to determine your allocation amount for 200712008. The 2408/2009 process is siruilar to last year's, keeping all line items constant from the 2007/2008 budget except those affected by cost driver flats. Thane l>izte items that did affect a change in your allocation are: salaries, friztge benefits, insurance, mileage ($O.S05 per mile), and rent. The expectation is that the program budgets subzn.itted will reflect chaztges only i~a the items identified above; rto increase will be provided for any othez' litae itsFn,. .A utilizadozt rate based on past expe~.diture patterns was applied to each of the items idezttl~ed (salaries, f~ztge bene~xts, ixaswrance, mileage and rent) in order to azx'i;ve at fife percentage change recoxxamended for that line iteern. Even though there have beea~ ixtareases in the idetzti~ed cost categories, significatxt past under expenditures may result in a lower allocataion for the 2048/2009 ~xscal yeah. 'I'bis process of xeviewirtg past expenditure rates was applied ors a program-by-prograzx~ basis. The allvcaNoxt iFor your program for 2008/2049 is based art historical iufvrmtatio>z cotxcerning spending patterns. We reeogmize tttat yonr program's eixpe~uditai~re rate may increase in the corgi~gg year amd it is not CSC's desire or ittteot to impact service ]evels. Tlxereifore, CSC is establishing an amount of money tb~at wilt be referred to as sloe "risk itoal.'a It will be accessible to providers vvho exceed their ltTistorical e7~penditure rates acrd, thereby, would snot be able to operate at contracted capacity without additional dollars. Based Ott QUx' xevllew, this wattld most likelp occur if an agex-cy experiences less turnover im FY 200812009 than it bgs in fife past, since that appears to be one ot'the largest drivers in the ender expetxdiltures. Expect success 05/01/2008 09:09 5612768189 COMM CHILD CARE PAGE 03 Your allacation from C.hildren's Services Coutacil of Palm Beach County for the 2008/2009 fiscal year will ba S0~ 7459 for a pexi~od of 12 nunutlts. Please note, this aUoc~tzort is cont~ingent oz~ approval by tlxe Council and may change based upon the total revenue C5C will receive due to the ou~mme of Amendment 1 and the decrease in property values throughout the county. l~.eceipt of this letter is mot a guarantee otf fpmding for this program. budgets are to be submitted into S,~.S na later than 14fay t.5, 2008. ~ai~nxe to uaeet this desdliae will require tlae provider to provide a w7rltten exQlanation and appear bei'ore the Council's May 22"a Program Review Committee to ex~lain why it failed to meet the budget submission desdtine. Additionally, shortly after the lviay x5 deadline, in the evetat apy budgets still have not beem submitted, a "drop dead" date will be announced after, which budgets will ~aot be allowed to be submitted, so that funding will not be provided far k~scal Year 2008-2009_ There is a change in the base application process this year ~gvolving a meeting [exthex in person or by conference cal]} with your CSC Contract Manager, ReSearcb Analyst and Fiscal Ax~alyst/CoXXSUltant and tl7~e pxogXazu and fiscal staff members f`ar your agency's pKOgx'ataa_ We anticipate that ire mast eases there will be a physical meeting; izx some cases, due to the provider°s distance from Palm Beach County or because there will be very little to discuss regarding the budget and PiE, a conference call may he . warranted instead. Your Contract Manager will be in touch with you with further details regarding tkti5 z~ateeting and who from your agency will need to be in attendance. The basic concept is that, by the et~d af'tk~e meeting, the 1'TE and budget will have been agreed upon; while there will be same fuurther appxoval steps within CSC, if there are any changes you Contract Manager will review Haase changes with you (and if the changes are significant, schedule another rt#eetizzg). The purpose behind tJais change is to xeduce ar eliminate the number of times the budget document goes back and forth between yow agency and CSC. Additionally, it was felt that there would be advantages for both your agency and CSC for the pmt aztd fiscal staff for both parties to be rxwoze laiawledgeable about the PlE a:ad the budget. If you have any general questions regarding the base budget larocess, please contact Shawn, l,aiz~g, Budget Director, at (561) 374-7578. Your CSC Contrac# Managers aztd 1"iseal stafflaok forward to working with you au your 200812009 budgets once the process begibs. Sincerely, '~~-. Bill Cosgrove Chief Fi7narkcial pacer City of Dc$dy Beflah Beacon C..enter ai V+nage Academy - 475 Lorraine Mo»ts }~~~IV~~ APB - 2 ~qOB SY: MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: Apri128, 2008 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF MAY 6, 2008 SPECIAL EVENT REQUEST -ART AND JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for June 26, 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 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 the Tennis Center Parking lot 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 Widemans Parking lot. The estimate of overtime cost for this event is $7,715. 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 $2,680. 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. City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT DELRAY KEACH ~~~ 1 1 q ~~i- '~~ti~o~~? '~~ Event Name/Title: trt[ 't' ~~Y7-ZZ ,,,,.. ,~ y~FS~~V F Event Date(s): Times: Event Sponsor/Producer: r ~ ` nA _ ~' _ - Event ContacdCoordinator: Name: 1l ~~~'~ Address: Telephone Number: E-mail Address: MYI Planned Activities (outline of activities/number of etivifies, i.e. entertai t, children ~s rides, games, other~programs}: ~~1 (~ n Number of Individuals Served Previous Year (if applicable}: ~' yuLJ ' Describe the targeted population and expected attendance: t'0~1 .~ ..,. 1 the Rrogram or project addresses Describe your Marketing/Promotions Program (How will you mar et/p omote, i.e. TV, radio, posters, fl ers web sites, other}: . ~ 3 Sponsor Category (please check) City Non-Profit/Charitable ^ Private ^ Co-Sponsor -Non-Profit/Private ^ ~ (If Non profrt attach proof of SDI c(3), c(4}, c(6}, C(10), or c(19) or (d) , Event Location (Describe-area boundaries of eventllocation): ~,._ 51 • ~_ Site plan attached: yes ~ no .. (Site plan required for entire event site. Include locations of tents, stage, portalts, W 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 ~ - {Ifyes, attach letter giving authorization from properly owner} Event budget attached: yes_ x no (.required for all events) Previous yeaz 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:IDoctuncnts and SettingslLisilDesktoplSpecial Event Permit Application FINAL 9.6.07.doc Serving or selling alcoholic beverages: yes no~ (Ifyes, copy of license and alcohol liability dnsurance required two (2) weeks prior to event) Event certificate of insurance attached: yes___~_ no (Requirea' two (2) weeks prior to event naming fhe City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes ~ no WiII there be entertainment: yes l1 no (Ifyes, attached list of Performers and/or DJ's) Ifyes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes ~~- no Requesting Police assistance: yes X ~ no (traffic controllsecurity) Will supplement with private security: yes no (Ifyes, need plan attached} Requesting Emergency Medical assistance: yes ~ no Requesting barricade assistance: yes~,,__, no (If no, how are you- handling?) Requesting trash removaUclean u assistance: yesJ~ no ~~ ~O C. ~a ~ 1,~r1~ir,~ pon,~i Requesting trash boxes/containers and liners: yes~;,T, no. Requesting stage use: yes no X (Ifyes, check type) Large stage (14' x 36') ^ Small stage (16' x 21') ^ Half small stage (S' x 21') ^ Requesting signage: yes no Type: 4'x4'Event sign Parking Signs Baininer hangin Indicate dates regv' ed (Waiver required if more than one wee prior o even ~ ~~• Requesting City Portable Generator: yes no ,~ (Ifyes, size & power) Food and beverage vendors: yes no Ifyes, approximate number (Health Department approval required) yes no C:IDocuments and 5ettingslLisilDcsktoplspecial Event Permit Application FINAL 4.6.07.doc Other vendors: (Indicate type) yes no Tents: YeS~ _. no 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 (Show on-site map} Will there be a charge for the event: yes {If yes, indicate ticket prices) no_ no Will there be fireworks or other pyrotechnics: yes no~ (If yes, contact Fire Marshal to obtain and complete permit application) v 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 restraam needs) Is reserved parking requested: yes ~ no~._ (If yes, indicate lacatians and purpose for use} Event Permit Attachments: ~~Revenue/Expense Budget Revenue/Expense 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 • .Neighborhood Block Party 34 days prior to event C:1Documents and settingslLisilDesktoplspecial went Permit Application FINAL 9.6.07.doc . ~ ~ ~~~-rfa~ Event Contra or/Cgpr ' t Date Please print: Y'~ Please enclose the appropriate non-refundable application fee payable to the City of Dekay Beach, 100 N.W. 1~` Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only J. Date Received ~'' d~ Application fee received $ r~.~ _ 5 C:IDocuments and 5ettingslLisill7esktoplSpecial Event Permit Application FINAL 9.G.07.doc p 0 o 0 0 0 0 0 0 O .0 0 O 0 0 1!7 0 0 u] 0 0 N ' o 0 O 0 o O 0 a 'd' o o m w f~7 o o N 0 o In 0 0 rn 0 0 0 0 0 0 N 0 0 ~ ~ ~' ~I ~ ~ N '- N 100 ~ T ~ N ~ n ~ N N ~ O N O ao t r ? N C = N LI. I1J ~ ~ W ti O O o O O o 0 0 O 0 0 o 0 O 0 O O 0 o 0 o 0 0 0 0 In o o 0 m O 4'Y r` O O 0 p 11 O Io 0 In 0 o 0 ~ 0 ~ ro III O Q O N N r N O N N O r lfl ~ QI M r O 7 N ~ O m a Q r X W c r Y c Iv c o 2 ~ m ~ m o E 2 m c G '~ N ~ o m m c ~ E a II] c' - ~ m m a m m a ~ c E c ~ m ~ ~ '~ F- m > c ca E -o c ' W E u ~ C j ~ m ~ m ~ 10 > m ~ lQ Y ~ ~ ~ IV y U] . ~ M C t d` 3 O V ~ ~. ~ N ~ c Vl >. - 0. C O _ Io (n 0 U 2 N ~ W .. U a m C7 fi n. ~ U ~ cn ~ a ` I- _ _ _ _ _ _ ~ ~ W O O ~ 0: w Ol ID 01 O 117 ~ o N V O ~ N ~N. ^ ~ ~ O p o O N N ^ W ~ C9 ^ N N. 47 i ~-' N v V' N ~ M W 11') O m m ~ N = O m ~ M F- W ° ° G O W 0 0 0 0 0 ~O O O O O O O O O O ~ Q ° ° o ° ° o 0 In o o 0 l 0 0 In o 0 0 0 0 0 0 ~n Inl • 0 - 0 W Q N 0 o `' n m o 7 mr -- o ~ Ino N r o0 W N N N 0 r c 1 p ! ~ O •- r I O O O C ^ 0 m r r m ~ .. ~ r m O d' W o p O 1l7 O Ol et N C O O ~ N J 0 ~ N 0 O 0 0 0 0 0 0 0 0 0 0 0 0 ~ O N ~ m M N N ~ In p 0 0 0 0 0 v! I•7 0 ~-- M N ~ 0 0 N N In F . M N r r IL7 W N I - ___ - - J ^ a o o ° o ° J Q -- - _ - - o o -o o -- - ^~ o o ~ a ~~ o a r a N ° N ~ Q V U ~ M F ..) Q a TI I ~ O ~ (D M r M O O ~ (7 N tp O O O N ~ ( '1 ~ ~_ N r O i O N Q1 Z ~ _ - O' (O M O O - O _ - I~ - tp p 11~~ V a0 N I~ M O 47 M f~ O t` r N l(7 r N N u O r 1~ o ~ M N ao ID 0 (~ o O rn ~ m N o~ ID v O O ~ ~' O C7 r f~ N O - _ - _ Q r h O C -Q y - 0 0 0 0 O M of ~ O N O l17 7 m u ~ ~ m U r ~ ~ o ~ In oo ~ ~ 1°n v o O a0 O M M N ~ f'1 1~ Q1 T ID ~ f•> N .- 10 N •- W _ ~_ -_ ~ __ - _~ 0 7 i 0 0 0 ` m j ~ O O m N t0 t~ ~ O u7 lt) tom- t` uoi M cD O °o ~ 1D ~ v'oi M Q1 C . V N 0 0 ~ 0 p 0 0 0 0 117 ~ , C M ('1 r N t~ O ` M N ~ ~ O V ~ N O m r ~ N N ~. to M 7 .0 r .-. - ~. - _- ~ ~ N 'O - _. __. . . r a " I ¢ d ° a u o W u ~ r I~ N v ?> O >, V7 U p O Q ~ Z ~ p `O v c rn C Ua W N c ~ U C 1 -O a o E ~ . O N bq ~ od ~1 N W U `a ~ a °>' Q w m u o E w a °' m m w Z Y ~ ~ ~ m ~ C ~ m m a ~ N rn E E !~ z ~ v a ~ m c Z °' O U rn m ~ m c m 0 m u ~ .~ . m c, ..;, o v o o a=i In c .°. 5 i~ m ~ W d '7 W m ~ ~ ~ Q m N ? w (n c N m ~ ~ U E c m ~ m J t <0 3 F- °~ C a~ > c ~ m c t0 0~ Q x W = E v C N v W oU ~ jx( Il.~ oG f- ~ at} ~ N ~ p ~ E U CL J Z ~ ` N II1 ~ I ` , m ^ 0 m p C~ C ~ Q. Ol [0 C LP Ul ~ ~ ~ N ~ J ~ d` p 2 m L E m Q w m ~ m o p C r o y m ' ¢ d u. 'n c a = a G o v Q Q ~ U c ~ o 3 N F' a. ~ ~ c m c ~ m ~. t 0 m w ~ ~ ~' ~ m a ° >. `. - `° n c o > '~ ~- F- w ¢ Q I? in ~ ~ i~ _ ~ ~ I ~ ¢ m in ~I ° i~ ii n° r~i T r~i lir s s c ~ m .c p OP fD ZA DATE {ISVOOmYrI ACORD CERTIFICATE OF LIABILITY INSURANCE DOLQNR'_2 02 12/09 PAaouceR THIS CERTIFICATE 15 iS~JEDA3 A NIATT£R OF INFORIMATION ONLY AND CONFERS Nq RICiHT3 UPDN THE CERTIFICATE 'the Plastridge Agency, Inc. HOLDER TH13 CERTIFICATE DDEB NOT Al11ENp, EXTEND OR 920 N. !!: , 6th 2iveaue ALTER THE COVERAGE AFFQRDED BY THE POLJCIES BELOW. Delray Beach ]Z 33483 Phoae:561-278-5221 >I•ax:561-276-5244 INSURERS AFFORDING COVERAGE NAICIIE ino~~rr WSL.RER lI 8eett~Mi1~ I~suc~nw Ca~iry Delray Beach Do~wataloi-a imrtq rNSLIRER e: ~~oooo~~eratlve : D)aA, CRA, Chamber of IN5LA7ER C Coraoaoeree Cit~t of >Qelsay 8eacti 64 S.E. nth Avenue IUD Delray Beach LrL 33463 INSLRER E: r_n-rESaeFs TFEPOLICIES OF INSlRA1JCE LISTEDBELGW HOVE B~~ I~ TOTE INSI.RE] NVrED ABDV°_ F~RT~ POLICYPERIflp ND GPTEp. MOTWITFi5TANDWG ANY REOLIREA£NT TERN OR CONDITION OF PJ\Y CONTRAC' OR OTTER DOfxII~NT 4VR~ RESPECT TO MMICF TFIS CERTIFICATE M1Y 3E ISSLED CR M(1Y PERTAIN. THE IPI$l.R'tAIJ('E 1FFORDE] EY 1FE PCLICIES DESCRIBED HEREIN IS SUB,lECTTO ALL TFE "'ERNS, EYCLUSIONS AIW COI~TTIONS OF 4JCH POLICIES. AGGf7ECxATE LEMITS SFid4NI MAY WOVE BEEN Rl:pLICEO BY PAiD CLAiNS. LTA TYPE DF NBURANCE PDLICYNLJw19ER DATE DALE M1DDlYYI LRfTB pEIVERALLIABLRY EACHOCCLlRRBJCE ; 1000000 A X X colu~nERCIALC~ENE3ALU4suTY CL313344SS 01/29/08 Oi/23/OS PREMISES Eeoxvence] ;50000 CLAIMS MADE ~ OCGUR MED ESP ;Ary ane perwn; ; PErtsanwLaaovrwuRY ; 3000000 GQAERALAG3REGATE :20oooao GEYLAYG(~REG/1TELH,IIT/4P~l.I_sPER: PRODLGT5-COVIP,'OPA,GG s exc111ded ~[ FOL CY ~ LOG A~ OIAOBL'8 ~~ COMBBJED S NGLE LIMIT ; ANY AUTO (Ee ecddelt) KL OVMFFD ~~ BODILY R.UI,RY : SQ-mIAED AUTOS ~ ~gp1~I HIRED AUTOS BODILY INA/tY . ; AON-0WNED NJT0.~ ~~ ~~] PROPERTY Q4bInOE 1Pe~.~lu.a1 ; GARAGE LIA6LLFTY AUTO OhIY - EA ACCIDENT ; ANY AUI'0 OTFERTHWJ ~ f,CC .; AUTO OFLY: ASG ; ~xcc-ssR~LA LaauTY EACH occuR~ICE ; oca ~ [~ aalMS tiwAE ,~,cclz~r,,nTE ; oEDUCne~ ~ s -eTENTION ; ; MfOR11EA8 008pE~lSAT1ON ANb TORY LIMITS ER EMPLaYERB' LY4B8JTY ANY P~OPRIZOR1PARl3~RAD:CUTIVE E.L. EPICFI ACCIDENT ; OFFIC='R/h1Et'67t DCCI-UOED4 E.L. DISEASE - EA EMPLOYEE i N ppn, deaaiba Indx SPECVr1 PROVISIONS bebw E.L. DISEASE - POLICY LBAIT f OTFER DESCRIPTION OF OPERATIONS! LOCAITONSlVEHICLES! E%CLUSIONl1 ADD® BYBOORSEMEW7 f EzIN. PROV181ONS - - 9pecial 8veat - S Art t Jana oa the Avenue; oae 8'ashioa Sho-v; oae Birst Night/Nea Years Eve. City a! Delray Beach is listed as additional insured with respect to t3eaeral Liability. L.CK I I~IL:R 1 G ~1VLUC1( CITYD-~ lFI011LD AN1' OF THE A6oVE DEBCR~ED POLICIES BE CANCELLED effartE THE t=xPRnTIDM DATE THEREOF, THE 1$SI1rC' RI9URFR YV8.1 ENDEAVOR T4 FIAL 30 DAYS 1MiRTE6I NOTICE TO THE CERTIFKATE HOLDER NA18=D Tq THE LEFT, BUT FAILURE TO DD BO 8WILL City of Delray Beach IMP06E ND OBLIGATION OR LuBNm OF AMY KIND UPON TIDE INSUt9t. R8 AGENTS Da 100 1Q.L~. 1st Avenue REB'AEBEIVTATMEA Delray Beach a7, 33444 °~~~A~ ~ .mow I {2001A8! ~ ~ ACORD CORPORATION 1988 ~.. ,:~' r:, . fti T f Mivwr ~6 _~w~ tie MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF MAY 6, 2008 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of April 14, 2008 through May 2, 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 Planning and Zoning Board -Meeting of Apri121, 2008 -Initiated on a 7 to 0 vote an amendment to the Land Development Regulations creating an Overlay District for the Lake Ida Neighborhood. No other appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. -Recommended approval (7 to 0), of the Transmittal of Comprehensive Plan Amendment 2008-1, regarding the 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) and associated annexation (via the provisions of the executed Water Service Agreement and Consent to Annexation) with initial zoning of 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. -Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations [Alternate No. 4 (aka referred to as Version 2)], enacting a new subsection 4.5.1(N), "Criteria for Removal of Historic Designation from Part of a District", and a new subsection 4.5.1(0), "Removal Procedures", in order to provide criteria and a method for removing a historic structure, building, site, or part of a district from the Local Register of Historic Places. The Planning and Zoning Board recommended Alternate No 4. (Version 2) provided that it is revised to state that removal procedures may be initiated either by the Historic Preservation Board or the City Commission at any time so long as they consult a survey that is performed within the last five years or less and citizens will have a twelve month window from the date of the last City initiated survey to petition the City to redefine the boundaries of the district; and, eliminate under Section 4.5.1(O)(1)(a) 1, 2, 3, that if a citizen does petition the City within the twelve month window to redefine the boundaries they must also provide photographs and addresses for all properties within the part of the historic district for which removal of the designation is sought and signatures of 75% of the property owners within the part of the historic district seeking removal. -Tabled (7 to 0), a City initiated amendment to the Land Development Regulations enacting Section 4.3.3(SS) "Wind Turbines and Solar Panels" to provide regulations for Wind Turbines and Solar Panels, and Appendix "A" "Definitions", to provide definitions for such uses. -Recommended approval (7 to 0), of an abandonment of a 3.23 acre portion of Depot Road and a rectangular shaped 0.04 acre (1,730 square feet) portion of N.W. 2nd Street in conjunction with a proposed plat for the mixed-use residential/office development Historic Depot Square; located between I-95 and CSX Railroad, south of Lake Ida Road. -Recommended approval with conditions (7 to 0), of a final subdivision plat for Historic Depot Square, a proposed mixed-use development consisting of 296 multiple family dwelling units and 90,135 sq. ft. of office floor area, located between I-95 and CSX Railroad, south of Lake Ida Road. Site Plan Review and Appearance Board -Meeting of Apri123, 2008 A. Tabled (6 to 1, Connor Lynch dissenting), a request for a waiver to the sign code to allow an increase of the sign copy over 20 sq. ft. for each free standing sign for La Cigale a Taste of the Mediterranean, located on the east side of SE 5th Avenue, south of SE 2nd Street (253 SE 5th Avenue). B. Approved (7 to 0), a request for a color change for Cocoplum Apartments, located on the east side of NE 7th Avenue, north of NE 4th Street (425 NE 7th Avenue). C. Approved (4 to 1, Andrew Youngross and Jose Aguila stepped down and Connor Lynch dissenting), a request for a color change for Bob's Famous Bar, located on the north side of East Atlantic Avenue, east of NE 2nd Avenue (217 East Atlantic Avenue). D. Approved (7 to 0), a request for a color change for Vertex Optical, Inc, located on the east side of NE 2nd Avenue, north of NE 1st Street (169 NE 2nd Avenue). E. Approved with conditions (7 to 0), a Class I site plan modification associated with facade changes for Old Harbor Plaza, located at the northeast corner of Linton Boulevard and South Federal Highway (1725 South Federal Highway). F. Approved with conditions (7 to 0), a Class I site plan modification associated with architectural elevation changes for New Century Commons, located at the southwest corner of Linton Boulevard and SW 4th Avenue (500 Linton Boulevard). G. Approved (5 to 0, Andrew Youngross and Mark Gregory stepped down), a request for a color change for Mellow Mushroom, located on the east side of SE 6th Avenue, south of East Atlantic Avenue (25 SE 6th Avenue). H. Approved with conditions (4 to 3, Andrew Youngross, Connor Lynch and Frances Bennett dissenting), a Class V site plan for Office Depot/CVS Building, that involves the construction of a 19,202 square foot Office Depot building and a 13,203 square foot CVS building with drive-thru lane, located on the south side of George Bush Boulevard, between NE 6th Avenue and NE 5th Avenue (700 NE 6th Avenue). Concurrently, the Board approved on a 4 to 3 vote (Andrew Youngross, Connor Lynch and Frances Bennett dissenting) a special action allowing a reduction of 56 parking spaces (i.e. 155 parking spaces required reduced to the 99 parking spaces provided), based on LDR Section 4.6.9(F) (1), which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use. The Board tabled the architectural elevation plan (5 to 1, Johnny Kincaide dissenting and Shane Ames left the meeting) and requested that an additional window element be added to the south side of the drive thru in the available wall panel; and that the architect(s) study the site elevations and try to make the buildings more compatible as a whole in its design (to soften it aesthetically); and bring the two buildings together to make them look as a unit. Historic Preservation Board -Meeting of April 16, 2008 1. Approved with conditions (6 to 0, Linda Lake absent), a Class V site plan, landscape plan, architectural elevation and a Certificate of Appropriateness associated with the demolition of an existing structure and construction of a mixed-use (office and residential) for the Henry Dean Building, located east side of NE 2nd Avenue, between George Bush Boulevard and Dixie Boulevard (251 Dixie Boulevard). RECOMMENDATION By motion, receive and file this report. .CPRAR A. LA CIGALE A TASTE OF THE MEDITERRANEAN 8. COCOPLUM APARTMENTS C. BOB'S FAMOUS BAR D. VERTEX OPTICAL, INC. E. OLD HARBOR PLAZA F. NEW CENTURY COMMONS G. MELLOW MUSHROOM H. OFFICE DEPOT / CI/S BUILDING HPB 1. HENRY DEAN BUILDING N ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT MAY 2008 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\5-6-08 --DIGITAL BASE MAPSYSTEiLI-- MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 8.N.1 -REGULAR COMMISSION MEETING OF MAY 6, 2008 BID AWARD/RON BELL ROOFING, INC./RE-ROOFING OF FIRE STATION N0.3 P/N 2006- 034 ITEM BEFORE COMMISSION This item is before the Commission to approve a Bid Award in the amount of $37,200.00 to Ron Bell Roofing, Inc for the re-roofing of Fire Station No. 3, P/N 2006-034. BACKGROUND Ron Bell Roofing, Inc will provide all labor, material and supervision necessary for the re-roofing of Fire Station No.3. Scope of work includes the complete removal and legal disposal of the existing built up roof system. The new granular surface built up roof system will include all applicable counter flashings, lead plumbing stacks, through wall scuppers and lead drain flashings in accordance with permit requirements. Staff obtained three (3) quotes for the project based on a re-roof to match the existing modified built up granular roof system. The low bidder, the Roofing Team submitted an alternate roof system in which the applicator re-roofs over the existing roof utilizing an elastomeric waterproof membrane "poly/emulsion" process. The unsolicited alternate is not comparable in any manner thereby disqualifying the bid. Quotes are attached for your reference. CONTRACTOR AMOUNT Roofing Team $36,000.00 Ron Bell Roofing $37,200.00 Neil O' Neil Jr Roofing $38,950.00 FUNDING SOURCE Funding is proposed from account 334-6112-522-46.15 (General Construction Fund/Roof Repair-Fire Station) RECOMMENDATION Staff recommends Award of Bid in the amount of $37,200.00 to Ron Bell Roofing, Inc for the re- roofing of Fire Station No. 3. 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 Ron Bell Roofing, 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) Invitation to Bid Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements PAGE NUMBERS N/A 1-5 6 7-9 -~- 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" Bid Signature Page Exhibit "A" Statement of No Bid Exhibit "A" Addenda numbers 0 to 0 inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. CONTRACTOR shall have 90 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: Ron Bell Roofing, Inc. 3151 S.W. 14th Place Suite 1 Boynton Beach, Florida 33426 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. -2- 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, 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 -3- 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 attorney's 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) -5- CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by or agent, title of officer or agent), of place of incorporation) corporation, on behalf of the corporation. (state or 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 (name of ofFicer -6- 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) -~- INSURANCE 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 following minimum requirements: Worker's Compensation -Coverage to apply for all employees for Statutory limit's in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability -Coverage must be afforded on a form no 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 $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy -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 $300,000 per occurrence combined single limit for Bodily 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 only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". Insurance certificate sample, next page -8- -9- DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendor who submits a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace 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 for 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 prohibited 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 workplace, any available drug counseling, rehabilitation, and employee assistance programs and the penalties that 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 on 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 nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace 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 community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain adrug-free workplace through implementation of this section. Contractor's Name Signature - io- ~~ ~ ~~ rt ~rr_~ ~ ~ 1~ax #~ (~61 j 731.-0211_ 31ST S. W. 14~' Pla.ce Suite 1 State Roofimg Lic. ## CCC037003 Bo ntom Beach. F1., 33426 www.C~oad~oofez~,~©r Contract Doc~rments --- Flat Re-Roof --- A~.tt: Mr.Bo6 I)iax City of Delray ]each 434 S. Swinton Ave I}elray Beach Florida 33444 March 31, 2008 Descreption ®f building: Fire Statian # 3 651 Linton Blvd. Delray Beach Florida Seo~„e of ~ori~ Work conf ned to all flat coal' areas on above described building. I)escri tiara of VVorkP • Remove existing Double built up flat roof system completely from Twin T cement deck to allow for a clean and smooth application of the new roofing system. • Strip in Twin T concrete deck seams with rosin paper to help alleviate dripping of asphalt inside. ® Coat surface of cement deck using asphaltic primer at a rate of approximately 1 gallon per 100 square feet as per manufactures specifications. ® Adhere 112 inch High Density board to concrete deck using salid mopping of hot asphalt in full accordance with state and local building department requirements. • Install perlite cant strip at base of parapet wall. • Adhere Certainteed fiberglass base sheet to the'/2 inch High Density board using solid mopping of hot asphalt in full accordance with state and local building department requirements. ® Install new lead plumbing stack fleshings and galvanized roof vents to replace existing. • Install new lead drain flashing to existing roaf drains. • Install new galvanized thru wall scupper and pitch pans to replace existing. ® Insta1124 gauge galvanized drip edge flashing at perimeter of flat decks. • Install 2~ gauge galvanized Para pet cap flashing to replace existing. • Adhere Certainteed F1exiGlas FR base interply to the base sheet and one layer of Certainteed Flintlastic GMS 170, granular surfaced, polyester reinforced SBS-~nodif ed bitumen cap sheet to flat roof. Install modified bitumen targets at roof penetrations. • Cover backside and top of parapet wail with modified bitumen. • Install term bar at top of pare pet wall and seal using two layer's of asphaltic roofing cement and reinforcing membrane. • Install 2b gauge galvanized chalk top stucco stop counter flashing at base of verdcal wall. • AIC equitiment and electrical work to be done by others. • Clean up, haul away and properly dispose of all roofing debris. ® Price includes all permits, licenses, and fees. ~~r`° All materials and products have appropriate product approval by Local City ai~d County Authorities and all work complies with the latest edition of fine Florida Building Code fnr roof replacement. Tlama~ed '~'®od C_®ntin~ency: • Decayed or damaged decking, if any, will be replaced at No Aadditional C'har~e_ up to a maximum, of two sheets of plywood decking ~r twenty-four linear feet of dimensional lurnber_ Any additional required wood replacement will be added to the contract fatal at the following rate: $3.00 per square foot for plywood and 54.00 per linear foot far dimensional lumber. ]~urricarie Ii~iti aticsn Re ~ireenents: New Florida legislation (§53.844 Florida Statufies) made effective on October ls` 2007, require homeowners to improve the rood to-wall connections on their existing structure, under certain conditions. For further details see attached addendum or visit www.mysafefloridahome.net. Contract Price• Includes labor and materials in accordance with above specified work, for the sum of: ~ 37,200.00 (Quoted price is valid for tl~irEy,_t301 days from,d,€#,i„;~,,,~',ilii~roposal.} Payment Terr~as: S 9,3€10.0 ~~~°1a of Contract Price plus wood bill due after hnt mc~p $ 9,300.0 25% of Contract Price due after hat mop Modified Cap sheet $ 9,300.00 12,emainrng 2~°/© due upon final completion. 9,300.00 :rCi~a i ' Grraa~anty° ~Nork~nanship and materials guaranteed against roof leaks for a period of Ten {IO) years from completion of work on fizlly paid accounts. I~xcluded from this guarantee are leaks caused by any one or more of the following items: • Hurricanes, hailstorms, lightening, tornadoes, windstorms, and/or any other natural or unnatural phenomena, as well as fire or explosion. • Damage caused by tradesmen such as maintenance men, air conditioning men, painters, etc. • Structural failures and wall settlement, cracking or failure of roof deck. • Defects, leaks or damage caused by negligent act of the owner, his employees, tenants. • Any other acts beyond our control. Ron .dell, InG is fully certified aild complies with all the requirements of tl~e Florida State Construction Industr4~ Licensing Board. Upon receipt of a signed contract and request, we will issue an insurance certificate for your review and files. Rory Rell, Inc. is not responsible for removal or reinstallation of gutters, downspouts, screen enclosures, solar units, A/C equipment or any priming nr painti.ng, In nn event shall Ron Bell, .Inc. be Iiable for any special, incidental or consequential damages to the building or its contents resulting from, or in connection witlx, any failure or leaf. Owner agrees to allow convenient access to bui]dixg for men, materials and equipment. • a 2 2871 Hypoluxo Road 3575 23rd Rue 5. -t !-antana, Fiorida 33462 Suite #1D7 ~,:.,-_,; Office: {561J 968-5349 Lake Worth , F133462 ~" ~ i ~~.~. ~ Fax : (561) 968.55(D6 PH 561 233-9971 k'ax Sh1 23~i_~?72 Toil Free 1-IB77-96$-5343 PRDPUSAL FOR WATERPROOFII~TG ROOF' 4-11-05 CI'T'Y OF DELRAY BEACH 434 S.SWINTON AVE DELRAY BEACH FL 33444 PH[- 561-.243-7343 CELL SCI-573-6424 ATT: BOD DIAZ Eduardo Mondragon Eduardo u(}roofingteam.net Gell 561-722«5527 ESTIMATOR Hereby propose the fallowing installation of ~r>aterials and labor an your project located in; 651 Liaaton Blvd Delray Beach, Florida as follows; MAIN ROOF WATERPROOFING SYSTEM l .- Remove the existing blzsters, cracks on all roofs and repair as needed 2.- Clean surface and prepare far waterproofing 4. -Apply one coat of base solution and one layer of fabric and another coat of base 5.- Apply flashing in all penetrations (WALLS NOT INCLUDED) C. -Install two coats of finish coat 7. -Install aver the existing metal {duct work and coping waterproofing PRICE: THIRTHY S1X THAUSAND ................................ ~ 36.000.00 Discount fro FPL ........................ WILL BE APLY GENERAL CONDITIONS 1 - 2 year Warranty an Labor. AND ] 0 YI~,ARB MANUFACTUR1v WACtRATY 2. This price included all. materials and labor above described. 3. Payment Schedule will be discuss 4. (All draws must be paid before next phase of work begins), if not paid in foil Roofing Team will not honor warranties release aflean. ~duax'do Mondragon Estimator Date Acceptance signature CCC1.325867 www,roolingteam.net NEIL ' ~~~4 ~' ~F"I 48f AVQCdtDQ AVE 1NFST PALN4 BFa1CH, FL 33413 PHCDNE: ~6 P-fi~6 -4945/FAX:656--4908 U-f 9275 4-18-D$ PROPOSAL SUBMlTTEC1 TO: C iiy of C~e[ray Attn: Kolb ®ia~ P ho rre. 1-s67 -2~3~-733 WORK TO BE PERPpRNIEp: Fire s~tian #3 Dekay Beach ~L WE PRC3POSE TO FURNdSH MATERIALS & PI=RFQRM TFfE LABf3R NECE55ARY FOR COMPLETE RE-RQOF: Fdaf Onfv Ffaf aad QBCk Onf Reml~ve existing roof and cart away trash. Renaii existing ply+nrood to wind uplift code. Flat C cre#e DecB~ d3 Remove existing roof #o workable surface. Prime concrete deck with concrete primer. Ta 6e le~stalteal og vvcogi9 arrd cvncrre,te fla# eck~ Dry on one 75# fiberglass base sheet to code. Install r~ew galvanized metal around perimeter of roof coror: wr,;c~~~aro~, PVlap on with flat asphalt two layer of fiberglass felf. Mop o with hot asphalt one layer of modified bitumen. Install nE;~ ~~ gage coping cap. Ins#all --rladified bitumen #o parapet vval(s. Replace existing gutters with 6inci~ all,~minum seamless gutters. Install new lead flashing sheets at drains. Install surface mount counter ftashirsg to varail at tower roof. Price incltreies 2 sheets ®f pl~vwrood an~i 3~° fascia. Any adcfition~! vrrood vviii be Qn ~ time and maternal basis. ALL MATERIALS 6~,1ARA~ITEED To F3E AS SPi<CIEIEIJ AND THE ABOVE WORK TO BE PI=RFORIUIErJ IN ACGOROANCE WITH T1iE SPECIFIGATIOtVS STATEp I3VA Si~STATVTtAL VS1037Kf~11ANLiKE #~lIARINER FE3R THE 51JPp1 OF ThirEy-eight t4~rsusand nine hurfdred fifty dollar Q(l1'i0{3 $38,9SD.OD Payments to be as fo9lovvs: 50°!0 on colnmenCement, 5©% an cornp(etiort:Late fees will apply. UNDER FLORIDA f_6RW, YO1112 FAJLIUFtE TO MAKE SURE'rF4AT WE ARE PAID IWAY RI=SUET IIU A LIEN AGRINST YaUR PEtOPFRIY, ©iNIVER OF SAID PROPEfiTY ~IFILIe. ~E RESPQNSIBLE FQI~ ALL CASTS IRICt3r2RED E31P Pi~.O'~IEAL J#~ IN COiVNI"CTIflN i~i5'FI TENS CDiVi°R6tC'1"'. 4'JVEAL .~R RC~QFI~drG AS LdCE,NSED AND ttVSUR~®. ~"RIEAL JR RO~~IRIG Gd1AR~4NTEES ALL R~-ROVE iIilORNi ICGR FIVE YEARS ExcLUnrwG aa~,a~~ e,~us~n ICY ~uRRICANES, TO~anrADOES ,aN® OTHER NO~Ti*JRAL DISASFE145. D`AtEAL JR Rv't?F'l1VG i~idLL VBTAdI~ PEfrll~ilTS.4N1D INSPECTdOdVS. Respectt~elly~ ~. , .? ~r~./ THE ABOVE SPI=CiFICATIOI~AhID CC3NDITiOM1IS ARE SATISFACTdRYANiI ARE HERESY AGCEPTI=p. O`NEAL JFt FiUQFlh1G IS RLITIiORfZEt) Td t~0 WORK SPECfF'IEi) ArVf} PAYRtIEM"5 WILL BE MADE AS OUTLINED. I]ate: Srgnature; Note -This proposal rraay be -raithciravvrt by us ~ ns~t accepted vuithin 30 days, Z'~ ~bE~ZO 8D 6L ~dy MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 8.N.2 -REGULAR COMMISSION MEETING OF MAY 6, 2008 BID AWARD/ RON BELL ROOFING, INCJ RE-ROOFING OF FORMER ENGINEERING OFFICE SPACE ITEM BEFORE COMMISSION This item is before the Commission to approve a Bid Award in the amount of $95,900.00 to Ron Bell Roofing, Inc for the re-roofing of the former engineering office space (Warehouse Conversion), P/N 2007-050. BACKGROUND Ron Bell Roofing, Inc will provide all labor, material and supervision necessary for the re-roofing of the former engineering office space. Scope of work includes the complete removal and legal disposal of the existing built up roof system. The new granular surface built up roof system will include all applicable counter flashings, lead plumbing stacks, through wall scuppers and lead drain flashings in accordance with permit requirements. Staff obtained three (3) quotes for the project as follows. Quotes are attached for your reference. CONTRACTOR AMOUNT Ron Bell Roofing $95,900.00 Neil O' Neil Jr Roofing $99,900.00 Roofing Team $107,300.00 FUNDING SOURCE Funding is proposed from account 442-5178-536-62.10 (W&S Renewal & Replmt FundBldg) RECOMMENDATION Staff recommends Award of Bid in the amount of $95,900.00 to Ron Bell Roofing, Inc for the re- roofing of the former engineering office space (Warehouse Conversion) 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 Ron Bell Roofing, 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) Invitation to Bid Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements PAGE NUMBERS N/A 1-5 6 7-9 -~- 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" Bid Signature Page Exhibit "A" Statement of No Bid Exhibit "A" Addenda numbers 0 to 0 inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. CONTRACTOR shall have 90 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: Ron Bell Roofing, Inc. 3151 S.W. 14th Place Suite 1 Boynton Beach, Florida 33426 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. -2- 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, 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 -3- 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 attorney's 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) -5- CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by or agent, title of officer or agent), of place of incorporation) corporation, on behalf of the corporation. (state or 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 (name of ofFicer -6- 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) -~- INSURANCE 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 following minimum requirements: Worker's Compensation -Coverage to apply for all employees for Statutory limit's in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability -Coverage must be afforded on a form no 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 $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy -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 $300,000 per occurrence combined single limit for Bodily 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 only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". Insurance certificate sample, next page -8- -9- DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendor who submits a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace 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 for 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 prohibited 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 workplace, any available drug counseling, rehabilitation, and employee assistance programs and the penalties that 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 on 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 nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace 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 community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain adrug-free workplace through implementation of this section. Contractor's Name Signature - io- ~dl.~i7~ ~orc ~''aX # (561) 737.-D211. 3151 5.1N. 14~` Place wife 1 Sfate Raafing Lic. # CCCQ37003 Ba ratan Beach FL 33426 W~trw.~®®d~t~c3~er.cam. Contract ]Documents --- Tile Re-Roof --- 1VTr.1F3ob Diaz City of Delray Beach 434 S. Swinti.n Aire Delray Seach Florida Apri13, 2008 Description of ~ttilding: Enginree Building 434 S. Swinton Ave Delray Seach Flnrida Sea~p~ of ~®rk: Work confined to flat roof areas on above described building not to exceed 15000 sq. ft. Ilescriptioe~ of'V~ork: • Remove flat roof system completely from Tectuan deck to allow far a clean and smooth application of the new rooting system. • Remove existing counter flashing at base of vertical wall. • Install a Certainteed heavy weight bash sheet to Teetu~n deck using OlyLok mechanical fasteners in full accordance with rrranufacturers recommendation and local and state building departments requirements. • Install new thru-wall scuppers; capper sump drains and Dade County skylights. • Install new lead plumbing stack (lashings and galvanized static raaf vents and pitch parts. • Install new A/C line access vents and new lead roof drain (lashings. • Prime base of parapet walls and roof flange of all new flashings using asphaltic roof prirner. • Adhere a Certainteed Flintlastic FR fiberglass reinforced, smooth surfaced modified bitumen interply to 'base.sheet using solid mopping hat asphalt. • Adhere a Certainteed Flintlastic GMS 170, granular surfaced, polyester reinforced modified bitumen cap sheet to surface of smooth interply. Sprinkle granules in hat asphalt overflow at end laps and seams, • Mop a 12" strip of same :modifed bitumen cap sheet over cant strip at base of walls and anchor with aluminum term. bar. • Install caulk-top galvanized counter flashing at base of walls. • Price not to izrclude gray HAVC, electrical or rain gutter work. • Clean up and haul away all debris. All materials and products have appropriate product approval by Local. City and County Authorities and all work complies with the latest edition of the Florida Building Code far roof replaeernent. C'~ntr~act Prme• Includes labor anal materials in accordance nth above specified wt~rl~, f[~r the sum of: ~ 95,900.00 (Quoted price is valid for thirty (301 days from„r1,~tP,nf,; t~,~~,,,~r,~1~.) ~'ayanent 'T`errr-s• ~ ~ ~ 23,9 f JoiY ~~-ta~:1o of Contract Prate plus wOOd bail due alter hAt mop ~ 23,975.0 25"/0 eaf Contract Price due alter hot aaaop 1VIodafied Cap sheet $ 23,975.00 Reaaaaiaaiaag 25% dace upon #`inal completion. $ 23,975.00 ~uarantee• All workmanship and mate~als guaranteed against roof leaks by modil•ied bitumen material manufacturer for a period of twenty (20) years from the date of completion. Ii.an Bell, Inc. guarantees labor for two years.. Excluded from this guarantee are leafs caused by any one or more of the following items: • Hurricanes, hailstorms, lightening, tornadoes, windstorms, and/or any other natural or uaanatural phenomena, as well as fire or explosion. • Damage caused by tradesmen such as maintenance men, air conditioning men, painters, etc. ® Structural failures and wall settlement, cracking or failure of roof deck. • Defects, leaks or damage caused by negligent act of the owner, his employees, tenants. • Any other acts beyond our control. Rota Bell, dnc, is fully certified and complies with all the requirements of the Florida State Construction industry licensing Board. Upon receipt of a signed contract and request, rue will issue an insurance certificate for your review and files. Rort Bell, Inc. is not responsible for removal or reinstallation of gutters, downspouts, screen enclosures; solar units, AlC equipment or any priming or painting. In no event shall Ron Bell, Ine. be liable for any special, incidental or consequential damages to the building or its contents resulting fi"oan, ar in connection with, any failure or leak. Owner agrees to allow convenient access to building for mesa, materials and equipment, flcceptauce: (~w~er oe- Agent) By Date: 2008 ~.cceptance: (Raaa Bel@, ka~c.) By: Date: 2008 2 NEIL ~' ~VE~~. ~'? IR~O~I~f~ 4~;< ~vQl~~a~o ~~ WisS~' Pe4L.,iVk 13EACl-f, FL 3413 PiH~lolE: 561-65 b-494.5/ FAX:556-49 D8 U-19278 4-? 7-Q8 PRDPOSAL St.1C3MItTTE~y TO: WORK Tb BE PIrRFORMED; City of Delray Engineer Building Attn: Bab Diaz 434 Ser~irtton Blvd Phone : 'I-56t-243-7343 Delray Beach FI_ WE Pi~OPOSE TO FItRISH MATERIALS F~ PERFORM THE LABOR AIEGESSAI2Y FOR COtv1PLE"rE i~E-ROQF_ Engine~Bredl=;tirag only. Fla-_.,~.~~f Remove existing roof to workable surface and Bart away trash. lrtstal 75# Tarltl<o Glass base sheet to code. `Base sheet to be fasten with F.S. Twin lock 1.8" fasteners. Install nevir lead stacks at sanitary vent. Replace existing skylights with raew Dade Cty approued skylights. Prime all parapet vtiralls with concrete primer. Install Tamko awaplan 97~ to all 2ft parapet veral)s. Mop can with hot asphalt 1 layer of Tamko awaptan versaflex. Mop on with h®# asphalt 2 layers of Tarnka-tam glass. Mop art with hot asphalt 1 layer of Tamko awaplan 17B -Nhite granulated. Instal[ new 24 Gage gaivani~ed coping -cap to all parapet walls. Install Tamko a,ppr~,~,ad r'r:;;dified Bitorne~ : ystern to expaf~sian joints. Install galvanized pifch pans to all penetrations as necessary_ Install new lead sYteet flashing to all gains. *Price does rDOf encivded AID or Electrical t~sr&. { wordy FD be dome by atfters} "Prue does nrst include a-ry replacetrtenf of Tectxrext Deck. {ifrepairs to deck are necessary if wild be dome ort ~ tirrrre and material6asis~ Any ade4iti®nat wood vaaiil be c#t-ne bn a time and material basis. ALL MATERIALS GUARAlV"I'EED Tfl SE A5 SPtrClf=fop AND THE ABOVE WQRK TO SE PERFC71=iN1EC Its ACCDRpAItitGE WITH THE 51~CII/!lrATIO1VS STATED IN A SUBSTANTIAL V!lORKMANilKE MRNNER FQR TF#i" SUM QF Ninety-niine thousand nine hunrired dollars (IQ!'fitt3 $3t3,9ElQ,C3(t Payments to be as follows: 50% on carnmerlce~nent, 5t3°!o on completion: La#e fees will apply- UNL7ER FLOFt#QA I..AUV', YOiIlR F,4ILURE TO MAKE SURE TI~lAT WE ARE PAID ~IAY RESLJL'r IlV A I,IEt~I AGAINST YOUR PRC3PERTY, fl9tVIVIER mF SAID PR~ERTY WILL BE RESPQNSIBI,.~ Ft7R ALL COSTS INCLlRREQ BY MEIL ©'NEAL JR III CoIVI1iECTIOIV WITH THIS COiV7RACT. O'NEAL JR ROQF1fdG !S lJCENSEt) ANfl /KSUREL7_ C)lVEAL ,3R R®OFlly"f,~ GB/AR,4N'TEES Rt..L CORK FQR FNE" YEARS EXCLUt7lIVG CAMEIGE CAUSED BYIfURR/CAl1{ES, 7'®RMADQES AND ®TPIER 11t.4TURAZ I]IS1tS7ERS_ 07UEAL JR Rt~~llldG WILL CBTAdM PERMIT'S AND INSPECTIONS. THE W~3fl11t= 5F1=CIFlCATIOtd AIVD COIVptTlotdS ARE SATtSF TOf2Y ANC} ARE HEREBY ACCEPTEL3. C'I+~EAL JR ~tOOFIfdG 1S AUTt-IQRl2Ep Tb Do WORK SPEC1FIEf] APJD PAYMENTS WILL BE Iv1ADi AS QtlTLINED_ Date: signature: Note -This proposal nay be withdrawn by Its if not accepted within 3t? days. l.'d d~~~sa ~a ~~ a ,, 2871 Hypoluxo Road 3575 23rd Aue S. ~ ~ ~ fi: ,~ ' Lantana, Florida 33462 Suite #907 ~~-~- ~ Y ~~ f~fifice: 4561) 968.5349 Lake Worth , Fl 33462 .~ Nt~, Fax : (561) 968.5506 I PH 561 233-9971 F`ax :~fiT 233-9972, 'Tall Free I-177-965-5349 PROPOSAL FOR WATERPROOFING ROOF 4-11-08 CITY OF DELRAY BEACH 434 S.SWINTOI`T AVE DELRAY BEACH FL 33444 PII- 561-243-7343 CELL 561-573-6424 ATT: BOI3 DIAZ Eduardo Mondragon Eduardofa?roofinc€team.net Cell 561-722-5527 ESTIMATOR Hereby propose the following installation of materials and labor on your project located in; 434 S. Swinton Ave Delray Beach, Florida as follows; MAIN ROOF { btailditt~ # B) WATERPROOFING SYSTEM 1.- Remove the existing blisters, cracks on all roofs and repair as needed 2.- Remove all loose gravel 3.- Clean surface and flood with GRR flood coat 4. -Apply one coat of base solution anti one layer of fabi°ic aid another coat of base 5.- Apply flashing in all penetrations and walls 6. -Install two coats of finish coat 7. -Install over the existing metal (duct work and coping waterproofing) PRICE: One Hundred seven Thorxsand and three hundred ............................... ~ 107.340.04 Discount fro FPL ........................ WILL BE APLY EXPANTION SOIN- DUCT WORD -PARAPET WALL -ALL FLSHING INC`I.,UDED GENERAL CONDITIONS 1 - 2 year Warranty on Labor. AND 10 YEARS MANUFACTURE WARRATY 2. This price included all materials and labor above described. 3. Payment Schedule will be discuss 4. (All draws 4nust be paid before next phase of work begins}, if not paid in full Roofing Team will oat honor warranties release of lean. Eduardo Mondra on Estimator ~~t~ Acceptance signature CCCI325867 www.raofingteam.nei MEMORANDUM TO: Mayor and City Commissioners FROM: Guy Buzzelli, CIO Joseph Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: May 1, 2008 SUBJECT: AGENDA ITEM 8.N.3 -REGULAR COMMISSION MEETING OF MAY 6, 2008 CONTRACT AWARD/NORTH STAR TECHNICAL SRVCS, INC./IT SPECIALTY EQUIPMENT CONTRACT ITEM BEFORE COMMISSION The City Commission is requested to rescind the previous award to APC Systems in the amount of $302,610.00 for the purchase and installation of specialty equipment for the Information Technology building and to approve a contract award to North Star Technical Services, Inc., in the amount of $227,500.00 under Florida State Contract #250-000-03-1 for purchase and installation of the specialty equipment. The specialty equipment consists of rack air-conditioning system, clean agent fire suppression system, and universal power supply battery backup system. BACKGROUND On February 19, 2008, the City Commission approved $363,455 for cabling, equipment and specialty equipment for the TT building; of this total, $60,845 was awarded to Jade Communications and $302,610 to APC. APC is the manufacturer of this specialty equipment and does not process direct- buys; athird-party vendor is required. North Star Technical Services, Inc. is a designated reseller for APC equipment. The original price of $302,610 was an estimate only. After updated plans and review, the new total for this equipment from North Star is $227,500 under Florida IT Hardware Contract #250-000-03-1, North Star Quote # 08- APC-8827.1, dated Apri124, 2008. The City realizes a savings of $75,110 for this project. FUNDING SOURCE Funding: 334-6112-519-62.85 General Construction Fund/Capital Outlay/City Hall Expansion/IT Building RECOMMENDATION Staff recommends rescinding the previous award to APC Systems in the amount of $302,610.00 for the purchase and installation of specialty equipment for the Information Technology building and approval of a contract award to North Star Technical Services, Inc, in the amount of $227,500 under Florida State Contract #250-000-03-1 for the purchase and installation of the specialty equipment. ~.: =s'~_' ,~ I.'~s.~ i .~ ~~I ~`' .~ o h f ~ - - ii _ ran y i~ :~ _ --- ~~. ~~' ^ ~ ~ ^ ^ 1 ~ ~ -^ _ ~~~~~ i s i~ti ^ ^ i i - ^ - ti 7 K .. ~ M i a ~ ~ ~~ 'Y .. :, r. ~: _ it ,, ; •,sy;;# • ~.~ err. ~;: ~ u ~~~ ~ I ,~ i1, C V 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: Apri128, 2008 SUBJECT: AGENDA ITEM 8.N.4 -REGULAR COMMISSION MEETING OF MAY 6, 2008 PURCHASE AWARD/TELEPHONE SYSTEM UPGRADES/AT&T ITEM BEFORE COMMISSION City Commission is requested to approve a purchase award to AT&T Business in the amount of $50,515.29 as follows: $33,556.38 payable in FY07-08, with the balance of $16,958.91 budgeted in FY08-09 and FY09-10 (budgeting $8,479.45 per fiscal year). This request is for critical software/hardware upgrades to the Nortel Option 11C PBX Systems located in both the Police Department and City Hall. These upgrades are needed to maintain our service agreement on these two (2) switches. City Hall is currently two (2) releases behind and the Police Department is one (1) release behind. The orders for these upgrades must be submitted before June 6, 2008 in order to maintain our support. BACKGROUND These upgrades are vital to maintaining our Nortel Option 11C PBX Systems that support telecommunications in the Police Department and City Hall. They will bring both systems up to the current software releases, as well as equipment upgrades that are necessary for the support the new software. These upgrades also include Software Release Subscriptions which will cover future releases that are forthcoming. If we do not purchase these upgrades, the software on our systems at this time will no longer be supported. In the event that there is a software failure under the current configuration, not only will our telecommunication operations be interrupted (which includes the Police Department, City Hall, Community Center and City Attorney's Office), but in order to restore services we would have to purchase the upgrades at the time of failure only at a higher price. FUNDING SOURCE Funding is available in accounts for FY 07-08: 001-1802-512-66.10 - $ 3,558.34 001-1802-512-64.11 - $16,234.75 001-2111-521-66.10 - $ 4,921.11 001-2111-521-64.11 - $ 8,842.18 RECOMMENDATION Staff recommends the purchase of the Nortel Option 11C PBX System software/hardware upgrades for both the Police Department and City Hall to maintain the level of support necessary to maintain our telecommunications and functionality of both systems in the amount of $50,515.29 as follows: $33,556.38 from FY07-08 with the balance of $16,958.91 budgeted in FY08-09 and FY09-10 (budgeting $8,479.45 per fiscal year). f0 LL O `~ r/~ V 2 U a W m N 0 Q M E ~ Z Z O O UU iA `o `~ ro a~Di 'a = m y U c R 7 0~ N p rA C ~' C C ~ d Qf 3 C d m o N a ~~ dl ~ U a d t~ y aro~~ M U N U7 O Z V C rt~+ . ~ a, vl o` N ~ op v~ [~ PO N N m I ao m Fa N "~ -a ~ y`Aq ~ ~ ~ ti aa~ c 2S m o, ¢ ~ C m ~~. w tl1 ~j !0 ry1 ~ H U 2 ~ IY c ~ Q E u ~ = o ~ ;, ~ ~y=_ a ~ ~ W ~ dfn H W~ L ~ j ~J N N y ~ N ~ y N ~ ~! w D U .Q 'C ~ 7 Q Q ~ N ~ 4 O O 7 A o' ~ I I I Wa ~ Q ~ _ _ ~ N c Q ~ ~ O ' O Q1 v U N N ~ ~ 0 W} w N x ` ~ N dM c ~ a~ U~ ~, .... 4 F- U p a y o ~ ~ o °' ~ ~ ~~ a ° o -~ v o ~ h ~ ~ ~ ~ 4 ` ~ ` ~ C ~ a ~ ~ ~ ~ ~ ~ C y ~ 0 V U ti y C ~ ~ , C - C Os ~ -y ~ ~ ti ~ D ~ h ~ p ~ ~ ° ~ d ~ i ~ o a, ~~ ,~ ~ p C ~ tS ~ N ~~ o c~ ,d o 4 ~ , '~ p ~ C b ~~°~~ o ~ .C ~ ~S `~ ca'i ~ a ~ ~ ~ . ~ ° u d a O V ~ m v ~ ~ ~ ~ ~ o n o ._ ~ ~ '~ C ~ ti `O y ,c 'ZS ~ ~ a ~ '~ ~a ~ a o H L 4 b Q ~^ y tl O r ~ ~ ~4 ~ o ~ ~ ~ ~.' i ~ m d ~ U _ 0 ~ 4 _ • C ~ ~ ~ ~ C CS C y ~ p ~ ~ ~ a . ~` y m a m `.t ~ ~ ~ Y o, 4 C~ b ~ `!+ vo`~ ~~e O m ~~~ ~ ~~~ H a b ~+ 0: U b W o a a ~ y R~ a v~ ~~ a Q Q m ~ ~ ~ ~ b a ; o d ~ ~ w ~ c v y ~ a ~ =' ~ ~ n ~ 'e ~ ~ ~ ~ ... a 'tc ~^ pa y t d 4 E y -~~y p y ~ 4 v~ v .~ 't` m v ~ m ~ ~ a C O' o o -c ~ t' y ~ q a V C , ~ 0. V ~ k ~ ~ ~ y ~ ~ ~ . .C _~, tl a b a ~ p ~ 4 ° a u b W ~ ~ 0 £O ~ ` C U a~ ~ ~ ti s y v U ~ ~ Q ~ b . H v ~ fr b ham-. ~ ~ p ~ '~ ~4 ~ ~ ~ Q ~ 3 O ~ O ~ ~ p ~ 4 C d p ~ a 4 C1 p p ~ ~. ~ >, "' CS ~ e ~ ~ a ~ ~ ~ u ~ w ~ L1 o ~ ~ o .~ E a m . 'ts c 'E c m o o E .~ y~ ~, Q ~ ~ o ~~~v~ v ~ & ~ U b ~ ci o '~ U . °° ~.~ O v v a ; p m ~ „~ c c,~ p ~ ~3 ~ V ,~.ti o ~ ~ ~ ~ ~ ~ ~ o b ai ca v~~ ~ , ~ -o 'a ~ ; J . ~ , a ui ~ ~~ ~o~ D m `O a~ E 0 N a 's u~ v r~ 0 a m 0 m 0 Q N N a ° T ~ ~ M ~+~j ~ 3t m c d d ~ G~ N Z ~ ~ ~ ~ ~~'~~ d U W U 4 c .yy~r `V d 4 ~ U ~ L ,v_ ~ ~~ 7 ~ O Q ~~ o ~ ~ ~ 6 ~. °~ c a ~ •c J ~ Z O Eg c L6 7 ~ V c lp ~ C 4S Q O ~C4O y C U -4 0 €m ~ a ~ L ~~ C O y h a C .Q G 0 ~. G? N .a a tl1 _Q. •3 ~_ W U oa ~ W W m t ~ L ~N ~ J~ ~ Q~ L O ~ ~ G1 Z ~ ~ ~ ~ 0 ~ N UU to `o ~ m 'a c a ~ v •~ R~oE~ a~ ~ c a p rq c ' c ~ +. Qs Cy ~ O d ' a p m s ~ H U ad~«. ~ Q : O a~a 47 O Z U C [G C N C . ~ h N 00 [~ O+ 00 N N N N ~ M I I 00 M 6A N ~ '~ ~ y~q ~ ~ k 6 e V3 ~ ~ ~ ~ O c m U 4 ~ ~ w ~ F N v ~ ~ ~ ~ ~a ~ ~ ~~ c c O O U ` o ~ E ~.y ~ a 3~',, •~ m o a T Y ate-. j w w sari ~ V -gyp ; O 0 y r VJ t ~ C} y W ~ ' N ~ ¢ Q C ~ o e a N G7 ~ T ~ I I I I 3 w d U U 0 ~ ~ ~ o a`~ ~ cp O '^ ~ o ' ~ N ~ 65 ip y X ~ U YS N N ~ ~ LtJ ~ ~_ • O N ~ Ks 3 N ~ g v ~ ` a X ~ ^ C v , 0 m y ~ U ~S C ~ o ~ ~ o y c -~ a dh~a O ~ 4 ~ p h y rY d ~ h ~ ~- i ~' ~ '~ ~ p b 'c ~ s m o; a ° c a a a , a ~ ~ •~ ~ O ~ ti ti ~ ~ 5 a o~ i y d y ° ~ y ~ C ~ 01 H c ohm c 4' R ~ `= a ~ y c d ~ ~ ~ a ~ Q b ~+ ~ c i O tl E '. ; c, v ° m ° ' N ~ ~ ~ o h o0 0 ~~ e ~- '` fA ~ ~ i a tl y "a ~° `q +~+ U ~~~ ms's ~ 4ts a~ o w a Q o ~ ~ ~, a C q ~ o Zc ~ ~'~ q'a ~ y ~ 44' ~ °1 p i i y ~ ~ y ~ V a a~i d b m ; 'c ~' a '~ _ •C y ti v o ~~ ~ ~ o~ ~0 7 , . p - ti '~ v E 5 ,~ Oi ~ ~ -0~ U ^' p" 'CS ~ ~ C ~ ~+ ~ may.. ~ ~ ~ ~ O `- 0 - ~ y ~ ~ ~ y > C a ea i ' + ~ V ~ U ~ 01 'U a ~ 1". p p Oi ~~ .a ~ 'V ~ l ~ q Eq ^ti L~ r a ~ m ~ ~ v Q ~ b ~ ~ ~ ~ ti ~ ~ D ~ a i ~ ~ 4~i a '~ v C ~' O C C c .Q ~~ s ~ .' ,. Oa ~' ti h 5 p O -C ~ ~ o ~ ~ b ~4 ~ ti C tl o ~ ~' .av , -a ~ a o ~ -. ~ ~ ~ a ~ ~ o C ~ b kl ti 4 ~ C e] ~~ d ~ v= U a ~ d ~ y h: ~ ~ v ~ ~ ~ ` ~ y ~ c y o ~ y b o q ~ .fi o ti~ ~ X04 ~~~ ~ ~~~~ u ~ o ~ ~ ~ ~ ~ 4 v ~a ~ ~'~ a ~ ~ ~ ~ ~, ~' C 4 ~ c s ~~ a U C, a ~'~ Q O~ ~+ a y a b O 't ~ ~C, X01 ~ O ~' o p ~~ ~ d L L r ~ o- m is ya U c~ 'u ~ ~~ V 4 o 'c ° oo ~ ~ ~ v ~ ¢r a z , ti _ O U ~ ~ ~ ~ ~ d a ~ y O ~ ~' V Q 0 O 1 , d„ c ?, U ~o a ~ p m ~ ~ ¢ ti ~ ~ ~ ~ ~ «. p ~ a ~ Q ~ ~ ei tl ~ ~p q ~ -4~ V / / Li ~ y.c~ „~~ ~ „ mp mo J W o a~ w ~~~ ti 0 -. t. ~ m 5, m O ~ N a ~ v o ~s a ~ L O N O ~ U ~ ., On 47 c '~0 y~ 7 G7 L ~ U m ~' '~ N Q d ~ ~ ~ N Q •O ~ ~~ c Q ~ 0 ~ c N ~ 7 W C ~ m U a ~' m L ~ ~ '~ 0 o N Q N N N O 1 r' c~ ~ ' c ~p 0 v Q m min ~ v ~1 fi 7 ~9 y .Q Z CS ~ ~ ~ E~ .Q ~ O N ~} ~ p ~ o w 'a y ~ O U W U .~.. i ~ ~ i ~~~ ;~ o .a°°~ Z d ~ ' C r ~ r i m R E o 'u~p C V .-: U ¢ ~ c~u W li c m c ~ C ~ O i Q i V N ~ i ~ ~ i C J ~ ~ W _ m 2 ~ m ~ ~ ~ ~ ~ W ~ U ~ a~i X W otf v H 'r ¢ ~ N U w= W w ~ C ¢ Q ~ W r ~ y Z ~ ~ ~ O ¢ W ¢ r ~, W* m n ~. <<J,` W a m y+ a+ C _~ ._ _ ~ Q C m •o ¢ w ~ ~ rp E w C co p •~ Z M ~ ~ ~ O ~°, ~ ~ H N ._ ~ U N Z r', C C N ..~ d eh',~:. tl U !.rv..,; J J N v U 7 ~ ~~ ~a ~ ~y.. C ~# ~ C a a U N d O O O O O O O O O Q O 4 O o O o O 69 O 69 O 69 O 69 O 64 O 64 O 69 O 4A O fiF1 O N3 O 69 q f9 O 69 q 69 o b9 0 fA o O p 0 0 0 0 0 0 0 0 0 0 0 0 g O O p 0 p 0 0 0 p 0 0 0 0 0 0 0 O O O O O O O O O O O q q O O O O 69 O G 69 6f3 O 69 O 69 O O 69 6R O 69 O fA O O 64 69 O b9 O O H3 b9 q s f q sH n 9 V D V V '6 ~ n m n m u m a m u ~s m m ~ m m es ~ d m a d d m N d m d m N m d N m d N d m m N m N m m~ m w w m m N m N m m m a m N m~ d m N m m a d a as ~ ~ ~+ a ~+ a ~+n ~ a ~ a a s m~H d~ a a s mma ~ n ~ A Fa - a~ a o a a a a a a ~ a a~ a a~ a a a~ ~ a o a~ a o o.a ~~ a ° ci ~' ~ n o -- °a a - °a ~a~ o a o a~ a o na a a a ~ a as ¢ ~ a ~ a ~a c~ a ~ C ~¢ ~ a a s ~¢ ~ a ~ ¢ 5 0 5 '0 0 0 0 o S o ~ o0 0 0 0 3~ ~ do a as o 00 0 0 o s o ZZ Z 222 22 22 2 222 22 22 ZZZZZZZZZ2ZZZZ O q O O O O O q N oo O O O ~o O O 6 O O O O O O O O O ~ N M q M N o O O O h O O O ~ N 69 69 00 ~ ~_ ~ ~ N 69 64 ~ FA T N 69 69 Nei 69 69 N ~` Vi b9 FA °o °o °O °o oNO °o ~ v+ °O °O o °O o °q °o °o q O ~ N 'n p fn ~ O O O O h O O O ~ N 69 64 OO 6H ~ 69 ~ ^j 64 64 ~ bpi ^~ b9 FA 6A b9 N fA 6A b9 69 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X O ~ N O O M '° ~ ~' H T O ~ r W C O O D om d ~ [ 1 O O fh C Z b L D O N O O 7 N a G ~ rn Y ] n m m rn m O N ~ N ~ ~ rn m ~ ca cp as m m m m m rn cn d q ~ rn m a a ~ a (} m a N QQ ~ ¢ ^ ~ Q ~ a m ~ J u Y Q q ° 61 C7 rn G t~3 (~ `1 rn Cry~ Y i° ~ m Lil v W ~n W ~ W m W ~ _ o ~ ~ J D W ~ N N N N N N O ~ O ~ H H ~ H H H H H M C ~ ~ H z z z z z z z z z a z ~ z .r .~ ~ .. ~ ~ G ~ N N ~ ~ ~ N r n N O ~ ~ wo ~ J W ~ O ~ ~ F. F ~ O p w w w c') ~ "~ u~ x 7 ~ W Q ~ O ~ w ~ ~ ~ ~ > ~i ~ ' D ~ C~ a ¢ d > x O X ° ~ o o ~ O ~ ~ ~ ~ = w ~ ~ ~ a ~ ° ~ o a o T a °a u i _ W J ~ °~ ° ° ~ ~ W Z Y a M ~ ~' w i` ~ ~ w a ~ ~ a~ O t- z ~ a w ~ z 7 ~ H Z ~ Q ~ O N d ~ Z ~ 0 ~ ~ ~+- o ~ ~ ~ ~ a Q ~ p ~ ~ O z a w Z W O O ' ~ w ~ V U ~ d ~ O ~ N X1 1 N ~ O ~ S m ~ C!J ~ J ~ O O O D D V w ¢ J ~ Z a a a a a J Q J Q ~ a = z Z w Q a ~ g ? ~ ~ V V () () f) ? ? C) N ~ ~a a N ?. G O C ~ Q ~ ~ 3 ~ c ~i ~ U U O U QO ~ C- U ~, _ C O l0 ~ ~ r-+ ~ C w, V f6 QS c E ~ {9 w -tea d C ~ c ~ X ~ ~ w E O~ O~ 00 ~!1 N 00 ~ N 00 [~1 N ~ ~ ~ 4A ~ ~ {0 ld 0 ~ w F- o c ~ ~" a d E ~ ~ a --~~ a .~ W C F~-~ g N ~ O ~ N O ~ a m 0 O N fD 'C ~6 0 O O = U C O r+ N O H C Q .Q ~' ~ N .~ p' ~ ~ 01 C } ~C J ~ d ~ c~ ~i ~ C U ~k C di ~p C O U _ o '~ .. ~~ .~ g ~ a m C C .~qq f~ N N {I N O ~ ` M ~ m ~ ~ ~o ai 0 U °7 a' A ~ d ~ ~ Z ^ ~ ~ o ~ 4 ~ ~ m o ~ o O N 'Q N O U'~ U w U ~. ~ erD E N C ~' a Q 67 d M M J LL Q N C1 ~ m w J U ~ W Q H f N z a 0 a r W f^ ~~~ ;~ o ;oa t ~ o •~ za ~ N ~c0 ^ .~ ? to C RW W C D Q N ^ a. c m U m ~a W X W ~tS U W 'i Q d N U ~' Q. ~ y C Q W ~ ~ ¢a ~' 3 U L `~ N 7~ C ~ ca Q ~a ,~, d ;Vi a c. ~ ~ '~ ! ~ ~c a~ 3 = m U ~ W . ~ Q ~ ~ C fi W .~ Z ~ O ~ U ~ ~ c ~ N Z C..1 N. ~ D 05 ^ U 't' V ~_.~~N l6 a 0 O 0 O o O p O p O O O O O O O O O O O O O O O O O O p O p o p O 64 O 69 O iA C b9 O 69 O 64 C O 69 b9 O 69 O 69 O 69 o fA O 69 o 69 4 69 O 69 O p O p 0 0 0 0 0 0 o O p O p 0 0 0 0 0 0 o p 0 0 0 0 g O p 0 0 0 0 o p p o 0 0 0 o p o 0 0 0 o s9 c s.? o v9 o Hi c Fsr o v 0 se 0 v 0 v} 0 a o » c ss c sa o bs o c ~ av m m v m m ~i ~m ~ a~i tmi m m m v v °m m d ~i a~i y °m ai, W m y d v m N m N 01 N m d N m d N d m m ~ d N m m b d m~ m N N N N d m N m~ m ~, N m N a own a s ~p mn ~a ~a ~a ~a c a ~S ~a n a Wa ~S ~+n b ~ a Q.a g¢a ° a ~a ~n ¢ ~- ° n. ~ ° a ~a a ~a na ° a ~ ~n ' ¢ ~ a ~ a ~ nn ~ a ~ va a U ¢ a ¢ ci¢ a a a ¢a b ob bs ob pb pb ob ob o5 'ob o'o oo irs ob ob obb Z z z z z z Z Z Z 2 2 2 Z z z z z Z Z Z Z Z Z Z Z Z Z z z z Z Z O O O O oNO p m Q p O p S O O O O O O Q eo N s> O c9 --~ 0o r ~ N v_ 69 fn R e N u p sH rn vs e 6R N o0 a N sv O 69 O wi O v3 O v3 n Q N 49 O ~ O c ~ O afi O O o O O O p O N o0 O O T ~D O+ O o O p O p O O oo O p S p o p O O O ~ --~ N Q m G Ff! m ~_ p %Y p Hi p 69 O b'! [~ C 69 G 69 C 69 ~ n ~ R ~ N N fiR ~ ~ N 69 ~.9 v3 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X NO ~ N ~p ~ Op ~ ~ rO y O m Z a H ~ q] N ~ y ~A O O C ] 4'1 p ~ O p Yn ~ p O O p ry N ~ O O O N ano 00o m ago m m a0o a0o `d'i ~ii vii a ~ m rn y an a o ~ v a ~ Q O Q o O aa Q w aa 4 as O o 1- o ~ ~ m Y m N Y J LL W W W W C7 ~ _ ~ J U W H H N N N N N O ~` O r r H r r r r r r r ff r ~ r z z z z z z z z z a z m z .. ._. ., ~ o p N ~ Q N N rn ~ ._. ~ vi N .. ~ ~ ~ d ~ J ~ O a a Y p ~ ~ Z ~ ~ ~ y a g ~ z m w W ~ ~ a w o ~ ~ ~ ~ ~ U ~ ~ ° a ~ ~ ~ n X a ? 0 Z p ~ O ~ a ~ a ~ j O O = w ~ W ~ a ~ W a w ~ ~ ~ z `~' ~ w o ~ ~ a ~ a ~ ~ o o ° a ~ ~ a ~ M J ~ ~ N c~ ~ r w z Y a O ° ' ~ J d ~ o ~ ~ ~ z a ~ z = N H ~ o - ii c a ~ y ~ ~ `° ~ ~ ~ a o ~ C7 p ~ z i W Z W r O O O ~ N ' o N UwU ~ F ~ ~ U' H_ F. O r ~ N r Vl H O r d r r U7 O LW ~ W ~ ~ ~ o 0 0 0 o ~ U ~ 2 m J ¢ J Z a ~ a a ~ ~ a ~' Sn ~ ? ~ !n ~ H ~ U Q U Q U Q U Q U 2 ~ ? 4 [] ~ci ~ r7i ~ n ~ n ~i o ~ }' 0 0 s°9 ~- ~ ~ ~~ 3 ~c ~ N Qy U V ~ . ~ yQ O U ~ C O +~+ C ~ O N ~ H c y ~~~om c E ~ C y ~ ~; a v c ~ c .~ r.+ ~ g w E ~ ~ 00 ~!1 N CD O N ~ N 00 [ys Pt a b ~ +A 64 ~ ~~ w IQ ~ ~ r+ ~ C H ~ O ~ i0 _~ ~ ~ ~ '~ .. W ~ H ~ N a ~ N M N p Ol ~ fa0 w °o N in v` ci r 0 c N ~~ t ~ C am N U m ~' iA O H C Q .Q 3 ~ '~i` O N ~ a ~ N C r~ Q 6] O .oC~ U ~d) C N ~ 7 m ~ ~ r o U c m L C .Q a` ro W °o N ~ o ~ n, m M ~ ~ ~ ~~ c 4 m m in E 01 ~ o z ~ ~ a ~ Q ~ ~ O fq 'p_ N ti d!J W U~. at&t Scope of Work SRS Maintenance Schedule Master Agreement Customer Number Location Number Order Number Term [Months) Number 36 month PBX SRS; 9$A001618 34502 2 36 month CP SRS; 0 month CC SRS. Customer: Installation Location (sy: City of Delray 100 NW 1st Ave, Delray Beac#ts, Florida , 33444 Maintenance: Vendor Descriation Vendor Part # ~ ArBr ATBT Extended Price Price Each SRS-BASIC for 3 YR PBX GW55Q0813 256 $ 27.95 $ 7,155.20 CaIlPilat SRS IPE Server Base 3 YR GW55QQA33 1 $ 785.83 $ 785.83 CaIlPilot SRS Per User Fee 3 YR (New Sys. or Cur. Upgrade} GW55Q0A54 200 $ 13.67 $ 2,734.00 roraL: $ 1o,67s.03 Introduction and Intent This Soope of Work {"SOW) is agreed to under the Master Agreement Number 98A441618 between BellSouth Communication Systems, LLC dlb/a ATBT Communication Systems Southeast {"AT&T'~, with corporate offices at 1936 Blue Rills brive, Roanoke, Virginia 24412, a Georgia limited liability company and City of Delray ("Customer with headquarters located at the above address. Except as specifically stated below, all terms and conditions of the Master Agreement remain in full force and effect. This SOW defines the services and deliverables for Software Release Subscription services that ATBT shall provide to the Customer under the terms of this SOW. The terms of this SOW are Amited to the scope of this SOW and shall not be applicable to any other work. AT8T offers two types of Sotiware Release Subscription {"SRS") Services: A_ Nortei Managed Software Release Subscription Services B. AT8T Managed Software Release Subscription Services SRS 1Malntenarrce Schedule f13.?T.f)8 Arar confidenf~lar Customer Initials Not for D1sMbudon Page 1 of 4 Service Overview -Nortel Managed Software Release Subscription Services Pursuant to the terms and conditions of the Master Agreement referenced above, Customer agrees to purchase and ATBT agrees #o provide the Services described in this Order. This Order shall automaticafty incorporate therein all the terms and conditions of the Master Agreement and any and all terms and conditions on any Customer order Corms, purchased orders or other Customer documents shall be deemed deleted. ATBT is providing the above maintenance services directly from the manufacturer or certified maintenance provider per their standards as published for the Vendor Part Numbers shown above. Customer shall be invoiced in full for all maintenance services at the time the Order is placed with ATBT. ServIC9 Overview -ATBT Managed Software Release Subscription Services The Software Release Subscription ("SRS is a software entitlement program that provides major and minor releases and upgrades of system software throughout the term of the Customers SRS Order. SRS can be sold in multi-year subscription terms with varying terms available by product. Some products are restricted to a one-year term. SRS Service entitles Customer to -eceive Operational and Application Software major and minor releases and upgrades including documentation, as they are made generally available for release by Nortel. Customer acknowledges that failure to place a firm Order with ATBT for new software releases as defined herein prior to expiration of this SRS Order will release ATBT from any liability and cost associated with software upgrade requested fo bring the systems to installation upgrade status. Upgrades ordered after SRS expiration will not be covered under $RS. It is a requirement #hat 5RS be purchased in conjunction with ATBT Voice Maintenance Service. This will provide Customer with overall system maintenance and support, so as to ensure that the Customer's Nortel Equipment operates at the highes# level of perfonnanoe. Note: Any installation Services and addRional or upgraded hardware required in conjuncxion with provisioning of Software under SRS will be provided at ATBTs standard rates. All applicable ATBT installation and hardware upgrade fees still apply to the implementation of the Software that is made available as part of the SRS service. ~rvG;e Dsllvelable SRS Service Includes: Sll~nrkronar~omvalg„ maror and minor_ releases uogr~es, and_documen~frQn -Operational Software is defined as Software that is required to operate a network device. The Dore Operational Software product resides on the network device it is operating. Associated files may reside on another network device. Application Software major and minor releases, upgrades and documentation -Application Software is defined as Software that is not required to run a network device, such as Network Management Software. tt is not art enhancement to the Operational Software and may reside on another network device. • A Software Major Release, depending upon the product, usually includes new feature content as well as inclusion of feature enhancements arrdlor maintenancelpatches since the last Major Release. • A Software Upgrade (also known as a feature release), depending on the product, contains rrew software and/or hardware functionali#y and corrective content (i.e. Software fixes, firm ware fixes, and design improvements} since the last Major Release to the Nortel Operational or Application Software, as made generalty available for release by Nortel, for the Software covered under the terms of this Service. The primary purpose of an upgrade is to provide features that are targeted at a specific market segment or area of functionality Service Leve! The Customer shall receive Operational and Application Softxrare Products Major and Minor Releases and Upgrades under this 5RS Servioa either electronically or via physics! media such as {but not Eimited to) Cll-ROM (where appropriate as determined by ATBT. ATBT shall make all commercially available means and reasonable effort to contact cust~ner and advise the customer of newly available software. Cars er Res biI Customer acknowledges that its righ# to use the Software Release is subject to the Customer's software licensing agreement with Nortel, the software licensing terms of the applicable purchasingliicensing agreement pursuant to which the Customer purchesedllicensed its products from ATBT, and any associated terms and conditions contained therein. If a particular Software feature requires a separate Right-To-Use fee, as specified in the price schedule or elsewhere for that product, then the Customer Is not entitled to use the feature until the Right-To-Use fee has been paid. Flowever, if no separate Right-To-Use flee is specified for a feature made available in a Software Release, then the Customer is entitled to use that feature for no additional fee. ATBT will provide one Dopy of each Software Release per software type covered under this Service. ATBT will deliver all copies to a single designated Customer Software distribution contact OR schedule with the Customer (at additional charge} the implementation of the new release. The Customer is not authorized to kropy the Software or documentation or to use any unauthorized copies in any way. Customer shall maintain an unmodified Dopy of all previous Software Major and Minor Releases and Upgrades provided hereunder, including the latest Software Major and Minor Releases, and any additional documentation or archival files necessary to reinstall, reconfigure or reconstruct any cost, altered, or damaged software Product. SRS Mslrttsnance Schedule 03.97.OeB ATbT CorrfYdentia! Customer initial Not llor DlsMbutiaur Page 2 of 4 Customer shall use all reasonable efforts to maintain Software Major and Minor Releases installed at SRS covered sites at the most current Release level. In order for ATBT to support the Customer, the Customer must be using the current major version of the Software or one version prior. If the Software is two or more versions prior to the current release, the Customer is required to purchase the current version(s) of the Software to bring the Customer to the Nortel current supported version(s). Customer must be at the fa#est revision level or one level prior at the time of SRS Ober placement. Software Major and Minor Releases and Upgrades are provided for distribution only to the Customer for use on or with the Nortel supplied products on which they operate, in accordance with Nortel's published specifications. Customer will ensure that the Products arse used and maintained in accordance with the applicable Product dowmentation. The SRS coverage has to be purchased for any and all system components which are to be added to the system already under SRS coverage. The failure to do sa will result in the overall system exclusion from the privileges of SRS Service. ASStImiDtlOn8 The SRS Service is sold as part of a service package that is to include a Voice Equipment Maintenance Service Order to obtain both Application and Operational Support Service. A Voice Equipment Maintenance Service must be purchased in order to attain system maintenance and support. SRS goes beyond the Voice Equipment Maintenance Service to provide the Major and Minor Release and Upgrade software and documentation. Support obligations are expressly canditianal based upon the following: • When placed under support of this Service the covered Equipment must be in good operating condition at revision levels specified by Nortel; • The covered Equipment must be used and maintained in accordance with the applicable product documentation; • The covered Equipment must not be subject to unusual mechanical stress or unusual electrical or environmental conditions; • The covered Equipment must not be subject to misuse, acadent or disaster, including without limitation: fire, flood, water, wind, lightning or other acts of God; • The covered Equipment must not be altered or modified unless perfomred by authorized ATBTMortel personnel. Far the purpose of providing support services, ATBT will have the right at any time to audit a Wntracted site through software, remote poNing, or other reasonable means to verify the site's in-service inventory against the list of maintained Equipment, to confirm the Customer's networ#c size and/ar to verify the Software status. clusi n Certain new value-add features available with major Software releases may carry an additional right-to-use (RTU} license fee and are not included as a part of the service offering. Customer acknowledges that any hardware upgrades, improvements, or operating systems upgrades and any installation or configuration labor required in order to install a Software Major and Minor Release or iJpdate or any part thereof, are charged separately from and are in addition to the charges of the current SR5 coverage. ' ATBT is not responsible for supporting third party hardware platforms on which Software resides. Customer is responsible for maintaining a support agreement with the third party handware supplier for such equipment. ATBT shall have no liability or obligations hereunder for failure of the Software to perform to published specifications resuRing from the combination of the Software with any third party hardware or software not authorized in Nortel published documentation or when caused by Customer's inability to use the Software if it is operating substantially within accorcfance with published specifications. This Service does not include the repair or replacement of defective haMware. g ATBT voice equipment maintenance service is not in place for a given item, and ATBT determines that defective hardware caused a reported problem, then ATBT shall advise the Customer thereof. If Customer decides to remedy such defect, ATBT shall provide the replacement hardware at ATBT then-published per-incident rates, and subsequently, an appropriate annual hardware Maintenance Service will be recommended to the Cus#omer for consideration. This Serviae offering and any subsequent Service renewal are subject to the terms and cenditions of Nortel's Life Cycle Management Practice. Coterminous and P rafion Polic Any additional user licensing tees are the responsibility of the Customer and shall not be covered under the SRS Service. Licensing will be pro-ra#ed based upon the remaining term of the licensing contract. ATBT provides Customer with the ability to establish a common end date for multiple service contracts for the same entity. This process is commonly referred to as 'Co-Term° to an existing contract. SRS ARalrrtenance Schedule 03.lT.pB ATBT CoMFa+aMfal Customer Initials Not !or Dlsr6ibuflon Page 3 of 4 AT&T services are sold on a single or multi-year Basis, however coterminous requests will be accepted with subsequent pro-ration of the applicable fees. Pro-ration notification to ATB~T must include reference to the original service Order. Upon written notification via a Customer's purchase order, AT&T will pro-rate coterminous service contracxs on a per month value of the original purchase order amount for the remaining time period. This will be calculated on a straight-line basis at the nearest whole month value. Multi-year pro- ration calculations will be based upon the original contract multiyear fee schedule. if AT&T cancels this Service on axount of Customer's defauk, or if the Customer cancels for any reason other than for ATBTs default, 70°Yo of the remaining unpaid contract amount will be due and payable to AT&T within 3o days of receipt of the written cancellation request. BELLSOUTH COMMUNICATION SYSTEMS, LLC Customer: d/bla AT$~T Communication Systems Southeast sy: sy: Name: Name: Title: C7ate: Title: Date: SRS Malrrtenarrca SchsduM 03.?7.08 AT8T Conifderttla! Customer Initials Not For Dlsibrfbtr8on Page 4 of 4 F„ LL O ~_ U a W m N ~~ GM ~ ~_ Z O O C3 U ° °/m c ~ a i U ~~ R ~ a ~~ c c a~ ' ° ~ m ~ o i m • a . ~ ~ ~ ~ Q ~ O . 4f ~ ~ ~ y '~ y H U a~ r~ m Q °' c ~ G O Z U C L4 Y C [+ a N _ k N p ~` V I r-, v~ 69 OO y ~ U ~ ~ ~ ~ m ,yap ~ < ^ c m w y w N 'm ~ U 6 ~ c ~O ~+ ~ ~ ~ ~ O d '~ i6 ~ n Ol ~ . f Q ~ ~~~ ~ ~Y ~ N ~ L O ~ O ' /~ ~/! `` r W ~ i ~ y o m V) O ~ U ~ c a a ~ ~ y e e e ~ l l l l wa U O -, Z ~ O~ ~ C Q O ~ .~ O N N p `1 ~ ~ Ill N ~ `~ ~ m ` ~ ~ M ~ U ~ ~ . 4 H ^ U 0 m y o~`~o ~ ~ ~ ~° 4 ~ ~ o ~ a ~ ti a ~ o y 4 n L ~ h m G ° ~ a ~ v c ~~~~ o ° a a fi ~ ~ a y U x 2 a m '~ O ~ ~ ~ ~ ~ O ~ tl ~ ~ y ° ~ ~ E v y ~ o ° ~'+ ~ ~ ~ ~ v ~ ~ r-i o c `'r y 0. c y ~ a'OO'~ £~ d U ry ~ y a~ y O -~ m ors ~ , v ~ 5 U_ O b ~ RS ~ ~ ~ ~ U ~ a ~ ~ ,~ rn ~ is ' ~ ~ o ti °°°' a v H ~ a ' ~~ mb oa d1 ~~~s ~~~ n °~,' a a '~ a E ti o is ;; m ~, .a, ~ 7+ (~ U ~ ~ ~ y ~ 4'C~ C~ o w a ~ v ~ ~ d h ,~ ' y+ h ~ CL, i Ci O „ '^' ~ ti v C^ q ~ } _ ~ a O y E ~ N .y - O .t .o ~ 'y y ~ ""~ '~ o y .° b a ~ C C A .. p ~i U~ O C r •• ' d K ti d d'~ ° V O ~ ~ ~ a ~ ~ ~ m ~ ..- a o U a ~' ~ a~ ~ H ~ a c v ~ U ,~ ~ a Q Q m a~ ~ tse m ? o y y ~ o ti u ~ ~ ~~ cam ~ m m,m a ti ° ; " ° "a v a t . ° ~ ~ °p ~ a, e ~ a ~ o ~ .~ o R , , v e~ ~ c ~ o O -~ c h ~ o ~ ~ ~, C b 0. ~ ~ ~ ~ c e y ~ ~ v o"i 4 ~ tz7 ~ c ~ E ~ o ~ ~ ~, m o ~ ~ a ~ d .~. U a ~~ ~ m °O ~ ~ ~ h ~ ~' ice O ~ ~ y '~9 .. / ~ ~ O -~ ? C ~ o ~ i s ~ o ~~~~ ~~~ y ar o ~ o ~, `'' a ~ ~ LL ~ v ~ ~ o o '~ ~ a m t` o '~ y^ a ~~ ~ v~~ . ~~ U ~ ~.~ V O a v 5 a ~ s .~ E oar o n ~ o b ~ '~ a ° ~ ~ {.~ Q a ~ ~ ~ h ~ ~~U ~ ~ , _~ ~ ~ shy W ~ =, V ~o g ~ m I d~ p w k ~ h O ~ o ° o ~ ~ ~ ~ a 4 ~ o v ~ ~ .4 LL g:.~ ~.~ e ° ~ vp -~ '~ J ~ - a ~ ~ w ~~~ cr ~ O y ~ m 0 O N a ~ o r o ~ ~ ~ a o m N G f~ N ~ U ~ 4 m d c ~~ G r/d ~ m U "~6 tll 4 Q ~ ~ O ~' ~~ ~, ~' ~w Q c } '~ J ~ c O ~ ~i 8 c y ~ ~ ~ U c l0 E O U _~~ C S U •~ 4 ~m 0 o c°.E N N O N p T M~~ I~ I~ m 0 ~I c~ Q E ~ ~ c Z ~ ~ m ~ °7 °- ffi ~ ~ o ~ ~ c ~ ~ °~ ~o (~ U w U ~. V .~ N L Q ~+ d Q 0 ~~ W V O ~} N Wa Lq r ~ ~ ~N d w'~" W^ Q Li r L ~ can ~ C1 Z Z 7 '~ ~A N UU iA ~ ~ ~ d ~ c r ~ ~'o~0ma a ~ ~ s ~ ~ ~~ i a ~ ~ a a s~w s ~ U a + : O ~a Q : N CA Z Q~ U C f0 C . ~ r [+ a ~ N ~~ ~ O~ N H I I y ~ &9 O O N '~ ~ ~ ~ yg F~ a m ~ O~ ~ a m w ~ ~ ~ t ~ ~ m0 ~ w ~ f6 ~ m ~ •~ ~ 41 ~ ~- ~ H E ~yc ~. a •~m '~ t6 O Q 10 ~ Y W iu ~ ~ fA ~ U ' ~ W N m ? O a~ o ~ ~ ~ :° cn ~ ^ U ~ '~ ~a ° ° a ° ~ ~, E N o o a ~ ~ I I ~ I U wa U 0 vs ~ ~' Z `° c a^ c o ~ d `m ~ Q ~ E o . ~ N • O~ ~ 4 w} ~ w ~ ~ ~ M a tts U ~ ._ 4 H ^ U 0 d ti o ~ ~ ,o 4 ~~y, c b ~ o i d ^' o ~_ i ~ ~ '~ tl O a ~ ~~ ~ m a ~ o ~ a, cvi a v v .~ -M o c ~ v ~ 3 ~ ° o ~ ° v d ~ v v ~ ~ ~?, ,w a ° 'c `~~` ~ y ~ ~ ti a o c ~ v c ~ .a ° o ~ ~ c, e v ~, ~_ ° ? ~ o a •~ Q- ~ U is d v ¢~i b y s ~ ~ v eao.° ~ ~`~n ~~~o c ~ ~ c ~ v ~ ~ o ~ ~ ~~. ~ ~ "hti c °0 a 'c a,~ ti g o ~ a O C k ?. k O is C ~ d ~ `~ ci m ~ i d ~ k O i ~ ~ y Q 4~i d 'C -~ ~ tl 5 ~ 4 i ~a- U ~ ~ .o~' ~° i ~ `~; ° ~ y o ~~~d ~•o h~~y ~~~ o o y y'~~ .o ~ h' 0. ti ti k C.J ~ ti ~ ~ tl ~ ~ ~ e ~ m ? ~ ~ ti ~ ~ ~ v 4 y ~ o cs ~ '; y '~ k ~ ~ ~°0 ~ ~ ~ .0. ~ [54 ~ y R~ y y 0. -ts ~ 'e W -y °' c, ~ ~ m d ~ ~ ~ 'a x ~ ~ O O U ~ ~ CY O ~ y °y ~ h ~ " c ~ o ~ ~ tc ~ ~ or °i ~ ~ 3 ~ h ~ ~ ~ ~ o u ~ E a ~ ~ ~ C C ~ v C ~ ~ ~ b k .i a ~ ~ ,~ ~ U ~ h ~ ~ ~ e ~ y ~ ~ ~ v y ~ ~ °2j ~ to u ~ C ~ E. .~ c ~ O ~ p i ~ in y 4i' ~ 4 c ~ 'e ~ d ~ E` O k ~ ~ v E ti v ~ c .o ~a a a ~ ~ ` c m c fi o a 5 ~ ~ ~y -. e ~ o. fi0 ;A ~ 4 p +. ~ y O '~ ~ ~ d O -c k k .U O ~ ~ ~~ tl ~ ~ ~~' ° ° ~' ~ m ~ ~ ~ ~ ~ ct ~ ~ y ~ ~ ~ ~ ~ s ~~ ~ .~ ~ ~ 4 W v ~~ `0~.~, H R Z a+ 3 N r C ~+ . ~ E o m V ~ ~ ~ Q ~ m LL 0 H V 2 V W m J W ~ m Q~7 T O ~ N d m O r a ~ d6 a m L o ~ N O ~ ~ a ~ m m n c 5 N ~yy 3 G7 t ~.+ 4 C r ~_ N o ~ .~ ~ ~, Q ~~ T rt.. Q Z .OO 0 a C 3 47 U ro c (p C F C Q O U .4 0 i~ m ~, U c 4~1 ~ ~~ o n~ 0 a m c ~n O N r ~ m N ~ O T ~ ~ ~ i O H I ~ 01 ~ m n ~ ~ ~ ~ ~~ Z p ~ m ~ ~ .Q a~ o ~ o N •a y `o C7 V w U [4 ~ ' O i ~ a ~ U O "i Z Q ~ ~~ ~ ~ W+ `° E ° U a ~; Q ~ ~W W v ~ 40 p ~ O N ~ i ~ !1 N U ~ ~ ~ M r] J O LL - 2 m a ¢ °~ N m ~ Y a~.r ' (/J W a ~ U d X W ~ C3 ~ 's= Q ~ W ~ z y ~ w U Q C U d ~ F Z a ' J Q ~ ~ W fJ7 W F- ~ ~ ~ ° ¢ a o M L7 0 ~ + U c; 4~ '~ ~ ~ a, ' 7+ ~. ~ a ~ ' IQ Q _ N p •~ ' m a+ m H ,~ ~ a 9 ~ a W ~~ U ~ J .o a 2 ° °' a . ~ Z m ~' +W+ . } C ~n' o ~ m ~ o p~, V ~ W ., ~ ~a . w N E W ~ a a ~~ , ~ ' Z N 45 N ~ Q ^ ~7 ~ J JD N ~ O O O O O O O 4 9 P 4 ~ O o O O O O O O O O O O O O O O O Q 69 69 69 69 69 6R 69 69 fA 69 49 Vi 69 49 64 O O O O O O O O p O 0 0 p O 0 0 0 0 0 0 Q O p O Q O Q 0 0 0 Q O Q P o o O O O O O o O O d Q O O Q 4 4 0 0 o O b O O O O sFr ss vi ss sv ~i 6s s ~ cr cs; s ~ s ~ ra Fn en °m °m °m m m m ~+ ~+ ~i ~ m d ~ m m m d ~ ~ N ~ d m d N d N m G~ a m ~n m d Na N a a ~ ~ n m~ a ~ d a a d m a pAy Amm 3Rmm ~gq mm ~qq 1 91 9 mt 6 m NN m m mtaNps [3 ~ !1 ~ U ~ ~ L .~ ~ U ~ U ~ U u u ~,u ~ U 9 ,~ ~ ~ ~ ~ ~ U a a~ a a aa aa~ a a~ a a a ~a @@ n sa~ a ~a aa Y¢cY~ a ~-R ~ ~~ a~' n a n ~n~aa a as Q U om ¢ o 4¢ U oom 4 U s o 4 A U a oo U 4 U mom ¢ g q ~ao C3 4 oo m U a oA ~ o a U oo a o o o U 4 U a a o'o o'0 0 Z Z Z Z Z Z Z Z Z 2 2 Z Z Z Z Z Z Z Z Z Z N Z Z Z Z Z Z Z a O O O O O O Q O O~ t0 q O Q O Q O OO O O O O O o O O O O O O O O O C ry O O O t~ O O O O O 4 Q 6R 90 69 ~A fA fR 6R V 69 &9 64 E{i 69 d9 eo ~ 69 r b9 ~ fA c~ 69 O O O o O 0 O 0 O~ ~c O o O Q O o ~ 0 O 0 O 0 O 0 Q 0 Q o 0 0 0 0 -: o r; o c c r c c o 0 0 0 ~ 00 N sr3 oa t~ 69 v h V 69 s9 s ~ ~a w N b9 bs bs as » sus ds x x x x x x x x x x x x x X X X X X X X X X x X x x X X p N M M ~ H ~2 P N O pp ~ W ~ ~ O ~ O Z N a N O ~ O W eD N7 O N n O rn ~n °m ~ ~ ~ a0i rn rn a°s a°, rn 7 ao m w ao ao 0. m ao as o0 0o w cn J J a C!) L[7 ~ J o QQ C Q ~ a O ~ U ~ O W oW' ~ ~ Y N ~ ~ ~ l i ~O 0 ~ O 1 11 N N O 0.' D N O N F rr F F F ~ r ~ f- F- o f z z z z z a z N z z z z .... oo ~ ~ ._. O .~ ~ o ^. ~ N ~ Q O ~ Z O Y ~ O O ~ a o N W (~ 111 ~ ~ U7 4 V7 C3' °'' L7 = a d ~ 4 D w ~ w ~ o ~ o o ~ ~ x = W tt a n a ~ ~ o ~ °x r W °a m ~ a ~ ~ a ~ ~ N ~ a ~ ~ c°) w u1 O F c 7 ia~i l~i d Y (n ~ ~ W YY ~ a o p a ~ w ~ ~ O w ~ w O ~ ° w ~ F Z m ~ o g ~ f7 ~ ~ ~ w a *1 z O ~ a N a W a W F ~ ° a ,r; p 1 ~ F w a ~ D Z D q ~ 7 Z F w o ~ ~ u7 ~- D ~ w L Z w LL ° W ~ o ~ o a ~ ~ " U W M M } } ~ ~ g d ' = m 0 ~ a p~ J J a v z a ~ v a v~ ~ ¢ ~ a a u i U N ~ f~0 T o O ~ a m ~~ ~~ ~' ~~ U U ~ 'C 'fl 1~ 0 N fl- C p +~+ C .r H ~ N C_ w, V N N c E _ A ~ L ~; n m c t ~ C ~ X ~ ~ W E n N o N O [3 r~ W7 00 b~9 69 6A {0 ~ ~ ~ w M C C O y E a ~ a ~= w W C H N a ~ O N O ~ ~ a b N a Q~ 0 C O U 4 c ~S $(N ~ "' U w ~ O ~ UI °" 'O N O F a °~ G b N 7 a ~ T ~ C w ¢~ } '~ J ~ o~ Q_ 61 ~a o ~ N ~ 7 ~ U v G ~~ a O L aN .~-~ o m o ~ C L U •~ 4 G a m m 0 ~ N ~ ri ~ iN NO O N ~ ~ M ~ ~ 0 y 1 ~ ~a ~ d m E ~ `m ~ zn~~~ °- ffi Q °' ~ ~ a ~ ~ ~ O N ~Q N O d U W U a e i ~ ~ Q i H ;~~ ;~ p d ~q i O ,U ~ Z ~ ~ ~ 1t' ~ as a ~~ E ^ o ~~~ U "" ~ww c m c f0 ~ CV ~ O r u ~ ~ - N ~ U ~ ~ V y M ~ r~ J ~ [L = i m U ~ ~ a> W i ~ ~ m + U ~ ~ ~ ~ N W ~ U ~ X W aL'S U r ~^/L~ Q I.L w ~ ~, Z ~ W Q -V O v a`~ z a a ~ w ~ W ~ ~ ~ ~~ a o ¢ ~ N L f, a1 U 3 V! ~ c ~ ~ 4; ~ N A: ~ ~ L O ~ _o w a O 'c ', ~ ~ ~ r ~. ~ °' o 7 ~ W U_ ~ a c °' N U Q ND E C Z ~ w . ~ ~ ~ ~ ~ ~ ~ ~ ~ N '.C Z y m N ~ O ~ P9 N ~ U ~ ~ ,J J CV ~ °o °o °o °o °o °o °o °d °d °o °o °o °o °o °o p 69 p 69 p 64 O 69 q 6R q 69 O 64 o 6R 0 vi 0 69 0 FA 0 69 0 69 0 0 64 69 O ~ O Q 4 ~ O ~ O o 0 ~ 0 ~ 0 0 0 0 4 0 4 g 4 b o Od o a C 0° 0 z5 0 0 s i 6a 0 sv 0 v 0 0 sa, cs3 o cri d sir o 0 ~ s~ 0 va 0 0 c cis v ~ cs~ a i ~ a a i m s s ~ ~ 0° ~ n ~ m m m m m ~ m m N m m N m m ~, m N ~ nn d Na m ;~ Na~ an a a d m 9 a a mS Da a n a C n m m m a n~ a a°a~ °ao °a oa oao a aa a ~ °am ~ a~ a o °a~aa a~ o a a o aa~ 0 o p a~ o p a o ~a p o ~a~ o~ m a ~ aa os a o 0 a 0~ ~ aU ~ m a s Uar~a¢ o 0 0 0 0 Z Z Z Z Z Z Z Z Z Z z Z Z z Z Z Z Z Z Z 2 rq Z Z Z Z Z Z Z Z O O O O ~ O O O O O O O O O O 0 ~ 0 6s oo 0 v +n 0 s9 0 vs 0 se ~ 7 o ~ c s 1 c sus c » c c cn v3 0o N v t- ~ V ~ N 64 O 0 O 0 O 0 O 0 O~ ~o O 0 O 0 4 0 ~ 0 d 0 d 0 o o 0 d 0 0 o d O ~ ~O N d 69 ~ 00 [~ 69 C 69 r~ Yl ~ ~ O 69 O b9 O 69 ~ Q N 4~ C 69 G 69 O 69 O b9 O O fA 64 x x x x x x x x x x x x x x x x x x x x x x x x x x x x f~ ~ ffl d0 M ~ l15 00 6] In O ~ aro ~ rn `eo° m N ~ N ~ ~ a m m m ro m eOp tin ~ ~ ~ ~ U c Q ¢ H o `n 44 Y ~ ~ ~ O lf1 O W ~O W ~ d1 ~ O ° N M In I± ~ ~ d u] O W h N N O O N ~ N ~ z F z F- z F z H z ~ a H z ~ m F z H z o z H z N ~ O ~ 0 Z a, n Y ~ O W ~ M X ~ 2 ~ K a ~ ~ ~ ~jy ¢ cWil O a o a ~ ~ w w "'' ~ ~ ~ W o ~ ,~ ° a ¢ ~ n Q 3 ~ 4 0 ~ x ~ a ¢ ~ Q a ~ J `$ ¢ n r ~ ~ H F ~ ~ 0 ~ J ~i I li d Y !11 W W Y ~ d p Q d p w o w ~ o Z a ~ ~ O ~ ° N w } ~ ~ Z z ~ ¢ ° a ~ ~ ~ ~ ~ a °• W ~ Z a j H ~o ui o ~ u~ ~ Z ~ O o W ~ ~ OV ~ o O O o F r ¢ r O O ~ D W = m ~ ~ ~ 7 0 UJ US J J = J ~ ~JJ J J ~ FJ J ~ Z V U U) ~ ~ Zh ~ ~ ~ ~ a a ? ? c i O (`C T o p c ~ a ~ ~ 3 ~~ ~~ ~ U U 'C ~ d O m a ro o {0 o ~ E ~ ~ ~ 'm m c E ~ W C C ~ ;;nazi c C_ ~ c •~ X ~ ~ W E °; to N O N r., v~ o0 6~A 6~9 69 id " o ~ ~ ~ O ++ C H ~ O y d E ~ ~ a ~ a ~~ r+ w ~ C ~ N c10 q N ('7 61 b ~ ~ a b N N 0 a E O y U `. c $ ~ L a y~ N V 'L^ C ~ ~ ~ .' C N N O F C Q .s ~; a= ~ ~ Vi ~ 'O ~ C ~ ¢~ z -°1 o~ ~S= m ~ c V •~ m ~ r a' ~ ~ o Q o C L ~-' o -g ~ am m u'1 O N v ri ,N O O ~ ~ M M g c N c 4 ~ d i6 z o ~ ~ ~ o E m o ~ o O N 'p- Vi ~ d U w U 4. ~ at&t Scope of Work SRS Maintenance Schedule Master Agreement Customer Number Location Number Order Number Term [Months} Number 36 month PBX SRS; 98A001618 34502 25 36 month CP SRS; 0 month CC SRS. Customer: Installation Location (s}: Delray Police 300 West Atlantic Ave., Delray Beach, Florida , 33444 Maintenance: Vendor DescriAtion Vendor Part # (fit ii ATgr ATBT Extended Price Price Each SRS-BASK #or 3 YR PBX GW5500813 280 $ 27.95 $ 7,82fi.00 CaIlPilot SRS IPE Server Base 3 YR GW5500A33 1 $ 785.83 $ 785.83 CaIlPilot SRS Per User Fee 3 YR (New Sys. or Cur. Upgrade) GW5500A54 450 $ 13.67 $ 6,151.50 TOTAL: $ 14 TB3.33 Introduction and Intent This Scope of Work ("SOW") is agreed to under the Master Agreement Number 98A00161 S between BellSouth Communication Systems, LLC dlb/a ATST Communication Systems Southeast {"ATST), with corporate offices at 1936 Blue Hills Drive, Roanoke, Virginia 24Q12, a Georgia limited liability company and l~lray Police (°Cuatomer") with headquarters located at the above address. Except as specificalty stated below, all terms and conditions of the Master Agreement (remain in full force and effect. This SOW defines the services and deliverables for Software Release 5ubscripBon services that AT&T shall provide to the Customer under the terrns of this SOW. The terms of this SOW are limited to the scope of this SOW and shall not be applicable to any other work. ATB~T offers two types of Software Release Subscription ("SRS') Services: A. Norte! Managed Software Release Subscription Services B. ATST Managed Software Release Subscription Services 5R5 Maintenance Schedule 03.17.08 At&7" Confld~tla! Customer Initials pot fcr DaisM6ution Page 1 of 4 S@I'V!C@ 011@n-1@w - Nortel Managed Software Release Subscription Services Pursuant to the temps and conditions of the Master Agreement referenced above, Customer agrees to purchase and ATBT agrees to provide the Services described in this Order. This Order shall automatically incorporate therein all the terms and conditions of the Master Agreement and any and all terms and conditions on any Customer order forms, purchased orders or other Gustomer documer-ts shall be deemed deleted. AT8T is providing the above maintenance services directly from the manufacturer or certified maintenance provider per their standards as published far the Vendor Part Numbers shown above. Customer shall be invoiced in full for all maintenance services at the time the Order is placed with ATBT. Service Overview _ ATaT Managed Software Release Subscription Services The Software Release Subscription ("SRS°) is a software entitlement program that provides major and minor releases and upgrades of system software throughout the term of the Customers SRS Order. SRS can be sold in multi-year subscription terms wi#h varying terms available by product. Some products are restricted to a one-year term. SRS Service entitles Customer to n~oeive Operational and Application Software major and minor releases and upgrades including documentation, as they are made generally available for release by hFortel. Customer acknowledges that faikure to place a firm Order with AT8T for new software releases as defined herein prior to e~gsiration of this SRS Order will release ATBT from any liability and cast associated with software upgrade requested to bring the systems to installation upgrade status. Upgrades ordered after SRS e~iration will not be covered under SRS. It is a requirement that SRS be purchased in conjunction with AT8T Voice Maintenance Service. This will provide Customer with overall system maintenance and support, so as to ensure that the Customers Nortel Equipment operates at the highest level of performance. Nate: Any installation Services and additional or upgraded hardware required in conjunction with provisioning of Software under SR5 will be provided at ATBT's standard rates. All applicable ATBT installation and hardware upgrade fees still apply to the implementation of the Software that is made available as part of the SRS service. Service Deiivera6ie SRS Service Includes: l re r n i re rrd n -- Operational Software is defined as Software that is required to operate a network device. The core Operational Software product resides on the network device it is operating. Associated files may reside on another network device. Application Software major and minor releases, upgrades and documentation -Application Software is defined as Software that is not required to run a network device, such as Network Management Software. It is not an enhancement to the Operational Software and may reside on another network device. • A Software Major Release, depending upon the product, usually includes new feature content as well as inclusion of feature enhancemen#s and/or maintenanoe/patches since the last Major Release. • A Software Upgrade (also known as a feature release), depending on the product, contains new software and/or hardware functionality and corrective content (i.e. Software faces, firm ware fixes, and design improvements) since tfie last Major Release to the Nortel Operational or Application Software, as made generally available for release by Nortel, for the Software covered under the terms of this Service. The primary purpose of an upgrade is to provide features that are targeted at a spedfic market segment or area of functionality Service iLevei The Customer shall receive Operational and Application Software Products Major and Minor Releases and Upgrades under this SRS Service either electronically or via physical media such as (but not limited to) C1a-ROM (where appropriate as determined by ATBT). ATBT shaA make all commercially available means and reasonable effort to Contact customer and advise the customer of newly available software. C mer Res n ibli' Customer adknowledges that its right to use the Software Release is subject to the Customers software licensing agreement with Nortel, the software licensing terms of the applicable purchasing/1iCensing agreement pursuant to which the Customer purl}asedllicensed its products from ATBT, and any associated terms and conditions contained therein. If a particular Software feature requires a separate Right-To-Use fee, as specified in the price schedule nr elsewhere for that product, then the Cus#omer is rat entitled to use the feature until the Right-To-Use fee has been paid. However, if no separate Right To-Use fee is specified for a feature made available in a Software Release, then the Customer is entitled to use that feature for no addRional fee. AT8T will provide one copy of each Software Release per software type covered under this Service. ATBT will deliver all copies to a single designated Customer Software distribution c:ontad OR schedule with the Customer (at additional charge) the implementation of the new release. The Customer is not authorized to copy the Software or documentation or to use any unauthorized copies in any way. Customer shall maintain an unmodified copy of all previous Software Major and Minor Releases and Upgrades provided hereunder, including the latest Software Major and Minor Releases, and any additional documentation or archival files necessary to reinstall, reconfigure or rreconstruct any Iasi, altered, or damaged software Product. SRS MalnMnance Schedefe D3.i7.08 AT&T Conffdentfa! Customer Initials ~ Hot fbr DlsMbrda'on Page 2 of 4 Customer shat! use all reasonable efforts to maintain Software Major and Minor Releases installed at SRS covered sites at the most current Release Level. In order for ATBT to support the Customer, the Customer must be using the current major version of the Software or one version prior. If the Software is two ar more versions prior to the current release, the Customer is required to purchase the current version(s) of the Software to bring the Customer to the Nortel current supported ve-sion(s). Customer must be at the latest revision level or one level prior at the time of SRS Order placement. Software Major and Miner Releases and Upgrades are provided for distribution only to the Customer for use on or with the Nortel supplied products on which they operate, in accordance with Nortel's published spedfications. Customer will ensure that the Products are used and maintained in accordance with the applicable Product documentation. Tha SR5 coverage has to be purchased for any and all system components which are to be added to the system already under SRS coverage. The failure to do so will result in the overall system exclusion from the privileges of SRS Service. Assumatlons The SRS Service is sold as part of a service package that is to include a Voice Equipment Maintenance Service Order to obtain both Application and Operational Support Service. A VoiC:e Equipment Maintenance Service must be purchased in order to obtain system maintenance and support. SRS goes beyond the Voice Equipment Maintenance Service to provide the Major and Minor Release and Upgrade software and documentation. Support obligations are expressly conditional based upon the following: • When placed under support of this Service the covered Equipment must be in good operating condition at revision levels specified by Nortel; • The covered Equipment must be used and maintained in accordance with the applicable product documentation; • The k:overed Equipment must not be subject to unusual mechanical stress or unusual electrical or environmental conditions; • The covered Equipment must not be subject to misuse, accident ar disaster, including without limitation: fire, flood, water, wind, lightning or other acts of God; • The covered Equipment must not be aRered or modified unless performed by au~orized ATBTMortel personnel. For the purpose of providing support services, ATBT will have the right at any time to audit a contracted site through software, remote palling, or other reasonable means to verity the site's in-service inventory against the list of maintained Equipment, to confirm the Customer's network size and/or to verify the Software status. Exclusions Certain new value-add features available with majo- Software releases may carry an additional right-to-use (RTU) license fee and are not included as a part of the service offering. Customer acknowledges that any hardware upgrades, improvements, or operating systems upgrades and any installation or configuration tabor required in order to instep a Software Major and Minor Release ar Update or any part thereof, are charged separately from and are in addition to the charges of the current SRS coverage. ATBT is not responsible for supporting tfrird party hardware platforms on which Software resides. Customer is responsible for maintaining a support agreement with the third party hardware supplier for such equipment. ATBT shall have no liability or obligations hereunder for failure of the Software to perform to published specfcations resumng from the combination of the Software with any thin! parry hardware or software not authorized in Nortel published documentation or when caused by Customer's inability to use the Software if d is operating substantially within accordance with published specifications. This Service does not include the repair or repiaoemerrt of defective hardware. If ATBT voice equipment maintenance service is not In place for a given item, and ATBT determines that defective hardware caused a reported problem, Nen ATBT shalt advise the Customer thereof. If Customer decides to remedy such defect, ATBT shall provide the replacement hardware at ATBT then-published per-inddent rates, and subsequently, an appropriate annual hardware Maintenance Service will be recommended to the Customer for consideration. This Service offering and any subsequent Service renewal are subject to the terms and conditions of Nortel's Life Cycle Management Practice. CotBrminous and Pro-ration Polite Any additional user licensing fees are the responsibility of the Customer and shat) not be covered under the SRS Service. Licensing will be pro-rated based upon the remaining term of the licensing contract. ATBT provides Customer with the ability to establish a common end date far muRiple service contracts far the same entity. This process is commonly referred to as "Co-Term° to an exis#ing oorrtrad. SRS Afalrttenartce Schedule 03.17.08 ATBT Conlfdbntla! Customer Initials Not finer AfsMbutlon Paga 3 of 4 AT&T services are sold on a single or multi-year basis, however coterminous requests will be accepted with subsequent pro-ration of the applipble fees. Pro-ration notification to ATST must include reference to the original service Order. l}pon wr'Rten notification via a Customer's purchase order, AT&T will pro-rate coterminous service contrails on a per month value of the original purchase order amount for the remaining time period. This wil! be calculated on a straight-line basis at the nearest whole month value. Multi-year pro- ration Calculations will be based upon the original contract multi-year fee sd+edule. If ATST cancels this Service on account of Customer's defauR, or if the Customer cancels for any reason other than for ATB~Ts default, 70% of the remaining unpaid contract amount will be due and payable to ATST within 30 days of receipt of the written canoeilation request. BELLSOUTH COMMUNICATION SYSTEMS, LLC Customer dlbla AT8~T Communication Systems Southeast By: Name: Title: Date: By: Name: Title: Date: SR5 ililabtanance SchederM 03.17.Q8 ATST Coni9dentya! Customer Initials Not for DlsMbulYon Page a of 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, Senior Planner Mark McDonnell, AICP, Assistant Planning Director THROUGH: David T. Harden, City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MAY 6, 2008 WAIVER REQUESTED MORSE CADILLAC ITEM BEFORE COMMISSION Consideration of a waiver request to allow the installation of a 1,728 square foot temporary modular building for the Ed Morse Cadillac automotive dealership as temporary offices for the new car sales staff during the renovation/expansion of the existing showroom. Since permits for temporary modular buildings are not included within the list of allowable temporary uses provided in LDR Section 2.4.6(F), approval of a waiver from the City Commission is required. BACKGROUND The subject property is a platted parcel of land consisting of 7.15 acres. The property contains a 2-story 9,516 sq. ft. new car showroom/office building with an attached 22,134 sq. ft. metal service building (30 bays, write-up area, and parts); a 1-story 1,628 sq. ft. used car sales building, a 2-story 3,888 sq. ft. service office building with an attached 1-story 9,387 sq. ft. service building (20 bays); a 1-story 11,030 sq. ft. metal body shop building (24 bays); a 1,298 sq. ft. metal shed; a fueling tank; a covered parking area; and, associated parking and landscaping. A site plan modification has been submitted to construct a building addition within a covered area along the north side of the building, which is currently under staff review and will be considered by SPRAB. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting 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. The applicant has provided the following narrative in support of the proposed waiver: "..This request is necessary to temporarily relocate the New Car Sales staff while the existing showroom undergoes interior renovations. It is anticipated that this temporary building will be required for twelve (12) months... The temporary modular building is located along the south side of the property within an existing parking area. The proposed temporary modular building will allow the auto dealership to relocate the sales staff offices while the existing showroom undergoes renovations and building addition. A site plan modification has been submitted for the improvements to the showroom and is currently under review by staff and will be considered by the SPRAB (Site Plan Review and Appearance Board). The improvements include the installation of the 1,728 square foot modular building, reconfiguration of the parking area, and construction of building foundation landscape planters. The applicant has indicated that the parking/landscape areas will be reconfigured to their current design following the removal of the temporary building. As noted above, the applicant has indicated that the temporary building will be necessary for up to 12 months. A condition of approval is attached that the temporary modular building is removed within 12 months (May 6, 2009) of the temporary use approval and the parking/landscape areas are reconfigured to their current design. Based on the above a positive finding with respect to LDR Section 2.4.7(B)(5)(a thru d) can be made. RECOMMENDATION By motion, approve a Temporary Use Permit for the placement of a modular building at 2300 South Federal Highway for offices during the renovation/construction to the existing showroom, based on positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following condition: 1. That the temporary modular building is removed within 12 months (May 6, 2009) of the temporary use approval and the parking/landscape areas are reconfigured to their current design. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST RELATING TO A TEMPORARY MODULAR BUILDING FOR ED MORSE CADILLAC AT 2300 SOUTH FEDERAL HIGHWAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to allow the installation of a 1,728 square foot temporary modular building, to be used as a temporary sales trailer, for Ed Morse Cadillac has come before the City Commission on May 6, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the temporary modular building. 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 2.4.6(F) provides of a list of allowable temporary uses, modular buildings are not included in the list. The Applicant is requesting a waiver to Section 2.4.6(F) to allow a modular building as a temporary use. 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, subject to the listed condition, meet all the requirements of 2.4.7(8)(5)? That the temporary modular building is removed by May 6, 2009 and the parking/landscape areas are reconfigured to their current design after the removal of the modular building. Yes No 1 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. 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, subject to the listed condition, to LDR Section 2.4.6(F) 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6t" day of May, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 DELRA Y INDUSTRIAL PARK ~ ~_ N ~ MILLER FIELD J 8UC Y DEN T'S J BASE LL SCHOOL DOTTEREL RO. a e D LEON WEEKES CURLEW ROAD DELRA Y LINCOLN ME"RCUR Y LlNTON CENTER EvE Sr. TROPIC BLVD. DAN BURNS ALLAMANDA DR. OLDSMOBILE - -, a z m - --- }: BANYAN OR. - - - - ~ - - 2 - AVE. C V] ~ DELRAY SHER WOO PLAZA GMC TRUCKS CYPRESS DR. a `^ SNERWOOD o PONTIAC w DOGWOOD DRIVE TOYOTA USED CARS ~ WAY d >- 3 x _~ 7RANSpORT x A nON LN. J AVENUE G ~ DELRAY ,~ m KIA ~ CA~IyAT L` AVENUE LA-~A7 AVENUE D~"LRAY TOYOTA N SUBJECT PROPERTY ED MORSE CADiLLAC -~ CITY OF DEiRAY BEACH, FL ~ LOCATION MAP PLANNING & ZDNING DEPARTMENT - DIGITAL BASE MAP SYSTEM -- MAP REF: 5:\Planning &Zoning\DBMS\File-Cab\Z-LM 500-100D\LM751,.,Ed Morse SOLID WASTE TRANSFER STA TlON MILLER x PARK z L1 X 0 ~~ I ~ wo~ma ! I 1 ~~ 8 I ~ ~ _ I' -~.. _.. 3.oo ~amN aoc3. ~ I ~ 1 -..- T ~ . , ___ ~ -- '-.---'---- f i ~ I I I' ----}-T _ _ ----- ~ ~ 0 O c I I =m I L ___ I ~ I - ~~O ~ ~au a ~ I w^ ~$~<° '" I fl ~, a a O~ n _ I r ---~ f I F ~ e u z y ~ ~i~u w ~ I _ I f i s ' I w f I oa " r-- I E I I 1 I ~ ` `$' I I i I w~ I i x ~~ I .-, ~ . I I I I wVV Y ~ ~ I 3 --- I F--~ I -ter I I 1 I I e I goo r ~ ~ H~z' I I +F ~ --~ ; ~ ----- i :rx ~ t .. --- ---- I J ' ~• n siwp ~ II - '----- _____ ____________ ~~ ~~. ,r ___________ _______ _ . NlOllflB >~ .~ Yl~9pN1 ~1lY~tlOdYi3j, ~ 2 , eo ~ ~ ~ms~ ~~ s S z °x M ~ a i W_m_ ~ w,=mA ?oo °o ~': a a ~~ ~ a ~ »,v~ d ~,~ s~ ' I a.aw rii3n f I E ,J J~ I f~ ~, ~~ ~~ ? i r Fszs~ 'OOa ~ ~_s I ~ € y ~. o~' 8 I ~ w a ~I llr e~ I rI t ~3 .IV. ~..wa mu •lev r~~w.e nau .! \\ ~ ' ave-Hhir~ 3ixia ago -~` .k~ ~„~o°.~ S~~`ydS ~ =»r~s 1 ~~~~~j~ f ms~~~9 3 q F ~?~ag^~i ~ Ek~_d_~ S Y ~gg ~iV ~o w ~o~s ~ ~zos u„;=. ~a O gec.. d _ ~ ~ 3 Y~ a i MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MAY 6, 2008 WAIVER REQUEST/DELRAY MAZDA ITEM BEFORE COMMISSION City Commission consideration of a waiver to the Land Development Regulations Section 4.6.7(E)(7), pursuant to the request by the agent for the Delray Mazda car dealership, located at 2001 S. Federal Highway. BACKGROUND Delray Mazda is located at 2001 South Federal Highway, and is completing construction of a new showroom addition to replace the section of the building damaged by the hurricanes. On March 12, 2008, the applicant requested Site Plan Review & Appearance Board (SPRAB) consideration for a waiver to Sign Code LDR Section 4.6.7(E)(7), which limits the number of signs to one (1) per elevation. The agent is requesting approval to place two (2) flat wall signs on the west elevation. The signs will be placed on the north and south ends of the building. Their position is that the placement of the signs will result in a more symmetrical appearance to the building and that other car dealerships in the area have similar sign layouts on their buildings. SPRAB voted 4-1 supporting the applicant's request. Staff also supports the waiver request. Section 2.4.7(B)(5) of the Land Development Regulations allows the City Commission to grant waivers to this code, which governs signs, providing the Commission shall make a finding of fact based on one of the following: The granting of a waiver shall not adversely affect the neighboring area, Shall not significantly diminish the provision of public facilities, Shall not create an unsafe situation, and • Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. FUNDING SOURCE None required. RECOMMENDATION Staff recommends City Commission support the waiver request to Section 4.6.7(E)(7) of the LDR's pursuant to findings governed under Section 2.4.7(B) (5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA SIGN WAIVER REQUEST FOR DELRAY MAZDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to allow two flat wall signs on the west elevation of the building has come before the City Commission on May 6, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Delray Mazda. 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 4.6.7(E)(7) limits the number of signs to one per elevation. The Applicant has requested a waiver from this requirement to place two signs on the west elevation. 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 meet all the requirements of 2.4.7(8)(5) subject to the conditions, if any, listed below? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 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 4.6.7(E)(7), subject to the conditions, if any, imposed in this order. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of May, 2008, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Rita Ellis, Mayor 2 MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH REGULAR MEETING Truncated draft MEETING DATE MEETING PLACE I. CALL TO ORDER: March 12, 2008 City Commission Chambers Chairman Aguila called the meeting to order at 6:02p. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Chairman Jose Aguila, Shane Ames (6:05p), Mark Gregory, Francis Bennett, Vice Chairman Connor Lynch MEMBERS ABSENT: Andrew Youngross, Johnny Kincaide STAFF PRESENT: Estelio Breto, Andrea Strohmer, Madeleine Tilker ALSO PRESENT: Terrill Pyburn, Assistant City Attorney Madeleine Tilker, Administrative Assistant swore in all witnesses that wished to give testimony on all items on the agenda. Changes to the Agenda Cut 432 Steakhouse; 432 East Atlantic Avenue; Color change for a commercial establishment entered as item IV. B. to the Agenda. Ex Parte Communications Disclosure There was none. Chairman Aguila read the City of Delray Beach's procedures for the Quasi-Judicial hearing for all the items on the agenda. II. MINUTES It was moved by Mr. Gregory, seconded by Ms. Bennett to approve the Minutes of the Regular Meeting of February 20, 2008. Said motion passed with a 4 to 0 vote. It was moved by Mr. Gregory, seconded by Ms. Bennett, to approve the Minutes of the Regular Meeting of February 27, 2008. Said motion passed with a 4 to 0 vote. II. SIGNS A. Delrav Mazda: 2991 S. Federal Hwv: Jessica Serota. Authorized Aaent Andrea Strohmer, Plan Review Technician introduced the file into the record and stated she would be representing the City's position on this item. The item before the Board is for SPRAB's support of a waiver to the sign code for the number of wall signs per elevation and allowable square footage. Ms. Strohmer stated the project proposal, as listed in the Staff Report, and included that if the Board supports the request for a waiver to the Sign Code, the basis for their recommendation will be forwarded on to the City Commission for final approval. The Sign Staff Review Committee supports the request for the Boards support of a waiver to the sign code for two signs on the west elevation and to allow a sign area larger than 160-SF. Staff added that placing "Mazda" and "Delray" in the proposed locations will balance the building's architectural design. Public Comments There was none. Applicant's Presentation Jessica Serota representing Van Dale Corporation and the applicant Delray Mazda, asked the Board to accept the proposal as submitted by Staff. She added that the applicant is asking to balance the signs which would be the same as what every other dealership in the area has. Board Discussion The Board discussed that a sign already exists at this site. Also, if the area of the signs were to be boxed out, they would conform. It was also stated that the signs as submitted, balance the building. With the exception of Mr. Lynch, the Board overall was fine with supporting the request for a waiver to the sign code as submitted. Mr. Lynch stated that he was not if favor of the font or the color (mostly the color). In addition, although most dealerships have two signs, it would diminish the area (and that the sign looks small on the plan). Motion/Findings It was moved by Mr. Gregory and seconded by Mr. Ames to support the request for a waiver to the sign code, to allow two signs on the west elevation as submitted. Said motion passed with a 4-1 vote. H ~/? W MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: Apri129, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MAY 6, 2008 CONDITIONAL USE EXTENSION REQUEST/VILLAGE PARC ITEM BEFORE COMMISSION Consideration of a request to extend two conditional uses for Village Parc; (1) to allow the construction of 104 townhouse units within sixteen buildings as a stand alone residential development, and (2), to allow an increase in the residential density above 12 dwelling units per acre (17.8 du/ac), pursuant to LDR Section 4.7 Workforce Housing. Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application, pursuant to the following: . A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; . The letter must set forth the basis and reason for the extension; . The extension shall be considered by the same body which granted the original approval; The extension, if granted, shall be for eighteen (18) months unless otherwise stated. BACKGROUND The property consist of a 7.81-acre site which was the home of the indoor/outdoor retail facility known as Delray's Lost Drive-In/Swap Shop which has been demolished. The property address is 2001 North Federal Highway which is located on the east side of North Federal Highway immediately north of Kokomo Key Lane. The development proposal includes the construction of 104 townhouse units as a stand alone residential component along the eastern portion of the site. The western portion along Federal Highway will contain three buildings (two mixed use and one office building). The two mixed use buildings will contain ground floor retail uses in the south and central buildings (6,013 and 9,325 square feet) and residential uses above (10 units on floors 2 and 3 in the south building, and 20 units on floors 2,3, & 4 in the central building). The northern 6,825 square foot office building will contain office uses on all three floors. The first conditional use for which an extension is requested allowsfor the construction of 104 townhouse units in sixteen (16) buildings as a stand alone residential development in the General Commercial (GC) Zoning District per Land Development Regulations Section 4.4.9 (D) (11). The second conditional use for which an extension is requested is for an increase in density between 12 and 18 units per acre (17.81 du/ac proposed) subject to the provisions of Article 4.7 (Family/Workforce Housing) in LDR Section 4.4.9(D)(19). At its meeting of May 2, 2006, the City Commission approved the conditional use associated with the proposed development for an increase in density between 12 and 18 units per acre (17.81 du/ac proposed) and also for the construction of 104 townhouse units within sixteen (16) buildings as a stand alone residential development in the General Commercial (GC) Zoning District per Land Development Regulations Section 4.4.9 (D) (11). At its meeting of May 24, 2006, the Site Plan Review and Appearance Board approved with conditions the Class V site plan application for the project. Additional background information and full analysis of the proposal can be found in the attached Planning and Zoning Board staff report, dated April 17, 2006. ANALYSIS LDR Section 2.4.40(2) "Construction Has Commenced" Pursuant to LDR Section 2.4.4(F)(2), when there are substantial improvements on the site, but the 25% establishment standard is not met, the granting agency shall consider the diligence and good faith of the developer to actually commence and complete construction. In this case, an extension to the originally approved project without change or without evaluation, pursuant to subsection (3), shall be granted to enable the developer to complete the project as opposed to allowing a continuing approval in order to more readily sell the land and/or project. Pursuant to LDR Appendix "A," the definition of construction is: "The building of or substantial improvement to any structure or the clearing, filling, or excavation of any land. When appropriate to the context, "CONSTRUCTION" refers to the act of construction or the result of construction. " Given the demolition activity that has occurred, the provisions of Section 2.4.4(F)(2) shall apply to the proposed extension. In considering "diligence and good faith," the granting body shall consider: When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith); The extent to which construction has proceeded; The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. The applicant submitted the following verbatim statement regarding the delay with the construction of the proposed project with the extension request. The request was submitted within the required forty- five (45) day time frame prior to the expiration date. "I offer the following supplemental information related to forward progress of the project. Construction drawings for the buildings were issued and the site was cleared. A fence was constructed around the perimeter of the site. Access approval was granted by FDOT for the driveway openings onto Federal Highway. Final civil plans and permit applications were being prepared for final review. A marketing program was initiated, only to find that the economy was starting to take a down turn. As sales became non-existent, all phases of the project were put on hold. We are requesting the time extension on the conditional use and the site plan to allow time for the economy to recover so that we may resume the project. " The City has recently processed various extension requests for residential and mixed use projects that were approved in the past several years and have not been built due to the slow-down in the real state market. Given the fact that market forces are not directly under the control of individual developers, the City generally supports extension of approvals for projects that have some improvements on the site, but the 25% establishment standard has not been met. The applicant has initiated and concluded various tasks directly related to the project: . A demolition and clearing permit was issued by the City on August 24, 2006; . A fence was constructed around the perimeter of the site and a temporary development sign permit issued on September 19, 2006; . A sales trailer permit was requested on September 15, 2006, and is pending approval; . A plat is currently being processed for review by City Commission; . Access approval was granted by FDOT for the driveway openings onto Federal Highway. All of this appears to indicate that the applicant has continued to work diligently and with good faith in its efforts to build the project. A weakening economy as a result of a "soft" real estate market is indeed a reasonable external circumstance that has hindered the construction of the development Based on the down-turn in the real estate market, it is reasonable to grant the extension of the conditional use approval since this issue is beyond the control of the developer. However, this extension should be subject to the condition that the applicant has the site seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. The Site Plan Review and Appearance board (SPRAB) will consider the request for site plan extension if the conditional use extension is granted by the City Commission. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. The applicant has specifically requested a 24 month extension for the conditional use and site plan. Based upon the above, the extension request would be valid through May 2, 2010, as requested by the applicant. RECOMMENDATION Move approval of the requested extension for two Conditional Uses for Village Parc; (1) to allow the construction of 104 free-standing residential townhouse units and (2), to allow a density in excess of twelve (12) units per acre (17.8 du/ac proposed) subject to the provisions of Article 4.7 "Family Workforce Housing", 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 criteria set forth in Section 2.4.5 (E)(5), 4.4.6(I) [Performance Standards], Article 4.7 [Workforce Housing], Section 4.4.9 [General Commercial District], Section 4.4.6 [Medium Density Residential District], and Chapter 3 of the Land Development Regulations, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (2) of the Land Development Regulations, with said approval to be valid until May 2, 2010, subject to the following condition: 1. That the applicant has the site seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA TWENTY-FOUR MONTH EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL GRANTED TO VILLAGE PARC FOR STAND ALONE MULTIPLE FAMILY DEVELOPMENTS IN THE GC (GENERAL COMMERCIAL) ZONING DISTRICT AND INCREASED RESIDENTIAL DENSITY IN EXCESS OF TWELVE DWELLING UNITS PER ACRE (THE EXTENSION REQUEST) ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named twenty-four month conditional use extension request has come before the City Commission on May 6, 2008. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Parc Place North at Delray Beach development. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(2). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated . Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes No 5. In making a determination under LDR Section 2.4.4(F)(2) the Commission shall consider the following regarding the diligence and good faith of the Developer: When the construction commenced; The extent to which construction has proceeded; The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. Has the Developer shown diligence and good faith to commence and complete construction of the Parc Place North Development Project? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8. 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. 10. Based on the entire record before it, the City Commission approves denies the conditional use extension request to allow the previous conditional use approval to be valid until May 2, 2010 subject to the condition that states: That the site is seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. The City Commission hereby adopts this Order this 6th day of May, 2008, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk Rita Ellis, Mayor 2 __ Urb;a>a Pfa.nr-;in9. + .Landsc-ap:e Archit:ectu'c:e I?e~:ii Docing Citji.ofi Delray Beach. 1~0 NW ~sr:.4venue Delray 6~ach, Flanda:33444 ApriE ~ 0, 2Q08 FEE: uiCfage Parc - Gonrli#nal use anid sitr~ plan extenaii~n request Dear Mr [7;orimg As per your-staff ccmrnents: letter dated Apr€I 2, 3C1{~S; 1 offer the fallovwing supplemental information' related to forward progress of: ;the project. Construction drawings for the buildings were completed ror building perrriit. ^emolition permits were issued. and the site was cleared::: A fence: was corrstruc~ed around the: perimeter of the :site.. .Access approval was granted by FDOT for the dri~.eway apet~ings onto. Federal Highway. Final civil. plans. arid' permit applications uvera be..'irrg prepared for final review.: A marketing program was initiated, oily to find t~i~t the economy was starting to take a down turn..A sales became non-existent, ail ~rhases of the projECt were: put on hold. ll~le are requesting the time extension on the conditional use and the site Sian tr aElow time for the;ecor~emy to recover sa that we may resume fhe project: if yc~u ,Gave any questions, please fees free tg eafl:; Sincerely, Coyellr Design Assae~ tes, ! c: /~ f'V ~ ~~ /fi .~: Michael . rwquelli ASL41 AiCP ,,~„~,~~ 'S44d T Rex Aven:u:e .~. '5'u.i'1e:15A + Boca Ratan., F[a.rFcl=a 3343T Main 5bt,914.43'34; ~ Fax 561 54.9..9fl00 + L~a:ndsc~pe Ar.rhate.ci<u.re n LC 2,G:004287 www;:co~elaidesi.gn.cam PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 17, 2006 AGENDA ITEM: 1v. A. ITEM: Two Condi#ional Use Requests For Village Parc, {Located on the east side of North Federal Highway, south of Gulf Stream Boulevard) associated with (1) the construction of 104 townhome units in sixteen {16) buildings and (2) to allow an increase in the residential density in excess of 12 dwelling units per acre {17.8 dulacre} subject to the provisions workforce housing ordinance. GENERAL DATA: Applicant ..................... Agent ......................... Owner ......................... Location----------------------- 2001 North Federal Highway, LLC. Michael J. Covelli Drive-in Theatres of Florida, Inc. 2001 North Federal Highway Property Size .................. 7.8 acres Future Land Use Map..... GC (General Commercial) Current Zoning ............... GC {General Commercial) Adjacent Zoning....North: AC (Automotive Commercial) East: Town of Gulf Stream (Maintenance Spoil Area Tract} South: RM (Medium Density Residential) West: GC {General Commercial) (N. Federal Highway Overlay District) Existing Land Use.......... Swap Shop (Flea Market) Proposed Land Uses....... 104 Townhouse units in 16 Buildings, 30 Condominium units, 15,408 square feet of Retail Commercial, and 6,825 square feet of office. Water Service ................. 12" main in Federal Hwy. Sewer Service ................ 10" gravity main in Federal Hwy. __~ - ~T-E~~B~~RE~T~I )~~Bf~RD fi - The action before the Board is making a recommendation to the City Commission on two conditional use requests for Village Parc to {1) Allow the construction of 104 townhome units within sixteen (16) buildings (stand alone residential development), and (2} To allow an increase in the residential density in excess of 12 dwelling units per acre (17.8 proposed) pursuant #o LDR Section 4.7 Workforce Housing. The property is located at 2001 North Federal Highway located on the east side of North Federal Highway between Gulf Stream Boulevard and Kokomo Key Lane. B'ACKGROUNDIPRC)J~CTDES~RIPTION ~ _=J -- _ ___ The property is the 7.81 acres site of the indoor/outdoor retail facility known as Delray's Lost Drive-Swap Shop. The new development proposal includes the demolition of the existing structures and construction of 104 Townhome units as a stand alone residential component along the eastern portion of the site. The western portion along Federal Highway will contain three buildings (two mixed use and one office building). The two mixed use buildings will contain retail uses (6,013 square feet (south building) and 9,325 square feet (central building) on the ground floor and residential uses above (10 units on floors 2 and 3 in the south building, and 20 units on floors 2,3, & 4 in the central building}. The northern 6,825 square foot office building will contain office uses on al[ three floors. The first conditional use request is to allow for the construction of 104 townhome units in sixteen (16) buildings as a stand alone residential development in the General Commercial (GC} Zoning District per Land Development Regulations Section 4.4.9 (D} (11).The second conditional use requested is far an increase in density between 12 and 18 units per acre (17.$1 dwelling units per acre} subject to the provisions of Article 4.7 (FamilylWorkforce Housing} in LDR Section 4.4.9(D)(19). The two conditional use requests are now before the Board for consideration. ~.. ,~ ~ ,- `-==GOI~I]ITlphi~.C1SE ANAL-~~IS ~ - -s REQUIRED FINDINGS {Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the 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, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve ar deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDR's as noted below. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map and Zoning designation of GC {General Commercial). Thus, the land use and zoning are consistent with each other. Pursuant to LDR Section 4.4.9(D){11), free-standing residentia! development is allowed as a conditional use in the GC (General Commercial) Zoning District subject to the requirements of the RM District except far setback and height requirements which shall be pursuant to the GC District. Pursuant to LDR Section 4.4.9(D)19 increased densities above 12 units per acre up to a maximum of 18 units per acre are allowed subject to the provisions of LDR Section 4.7 (Workforce Housing). Planning and Zoning Board Staff Report, April 17, 2006 Village Part -Conditional Use Requests Office and Commercial uses are allowed uses in the GC Zoning District. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service is available via service lateral connections to the existing 12" water main located along Federal Highway. Sewer service will be provided on site via 8" gravity mains. These mains will flow into a proposed lift station which will connect via a 4" force main to the existing 12" sewer main along Federal Highway. Pursuant to the City's Comprehensive PEan, treatment capacity is available at the City's Water Treatment Plant at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: A conceptual engineering plan has been submitted with the conditional use application that indicates that drainage will be accommodated via exfiltration trenches and a large dry retention area along the eastern edge of the development. Traffic: A traffic study has been submitted by the applicant which indicates that the proposed development will generate 2,313 average daily trips {ADT} which is significantly less than the current trip generation of 4002 ADT. The Traffic Study has been submitted to the Palm Beach County Traffic Division for a determination of traffic concurrency. Given the reduction in trips no concerns meeting concurrency are anticipated. Concurrency approval from Palm Beach County is attached as a condition of approval. Parks and Recreafion: The Open Space and Recreation Element of the City's Comprehensive Plan indicates the City will have sufficient recreation facilities at build-out to meet the adapted standards". A park impact fee is collected to offset any impacts projects may have on City recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit for parks and recreation purposes. A total fee of $67,000 will be required of this development for parks and recreation purposes. Solid Wasfe: The proposed 134 multiple family dwelling units will generate 69.68 tons of solid waste per year {134 units x 0.52 tons = 69.68 tons}; the 6,552 square feet of office area will generate 17.69 tons of solid waste per year (6,552 sq. ft. x 5.4 lbs. 1 2,000 = 17.69 tans}; and the retail commercial will generate 71.67 tons of solid waste per year {14,054 sq. ft. x 10.2 Ibs.12000=71.69 tons} for a total of 159.06 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals un#il the year 2024, thus a positive finding with respect to this level of service standard can be made. Schools: A School Concurrency Application has been reviewed by the City of Delray Beach Planning & Zoning Department and forwarded to the Palm Beach County School District. A written finding of concurrency is anticipated and is attached as a condition of approval. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E} (5} for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. 2 Planning and Zoning Board Staff Report, April 17; -2006 Village Parc -Conditional Use Requests A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the fiollowing applicable objectives and policies that are relevant to the Conditional Use application are Hated: Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and in#ensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property which has supported several land uses including the existing Swap Shop Flea Market and past drive-in theater use for several years. The proposed Village Parc mixed use project will be in compliance with the recent Comprehensive Plan Amendment (2005-2) in which the Future Land Use Element was amended to allow higher density residential development in exchange for mare workforce housing (provisions within the Genera! Commercial land use designafian allow an increase in density to a maximum of 78 units/acre within the boundaries of special overlay districts subject to the provision of workforce housing). This property is designated as an "Infill Workforce Housing Area and as such allows the proposed increase in residential densities. The residential element of the project will add to the customer base for the proposed on site and existing commercial uses along North Federal Highway and aid in the redevelopment of this corridor. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A-1, that the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Future Land Use Element Obiective A-7: To encourage the provision of workforce housing 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 marke# rate units greater than would be allowed otherwise may be built. The developer is proposing to provide fifteen (15) workforce housing units in exchange for an increased density of 5.81 units per acre above the maximum 12 units allowed. (17.81 units per acre total). Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A-7 and Policy A-7-1. Housing Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City 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. Housing Policy A-12.3; 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. The proposed development will replace commercial (flea market) uses with an upscale mixed use project with 134 residential units and associated recreational components along with much needed commercial and office uses in this redevelopment corridor. The safety, habitability and 3 Planning and Zoning Board Staff Report, April 17, 2006 Village Parc -Conditional Use Requests stability of the neighborhood should be improved by introducing additional homeowners and non-residential uses to this redevelopment area. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.9 GC (General Commercial}, Zo,ning District: Pursuant to LDR Section 4.4.9(D)(11) free-standing multi-family residential development are allowed as a conditional use in the GC {General Commercial) Zoning District subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to the GC District. The Medium Density Residential (RM} District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre, except within the Southwest Neighborhood Overlay District where the maximum density is 24 dwelling units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure #hat the project is compatible with surrounding land uses. Within the Infill Workforce Housing Area the actual density is also based upon the development's ability to comply with Article 4.7 (FamilylWorkforce Housing). Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which call for accommodating a variety of housing types. LDR Section 4.4.6(1) Performance Standards: 7} Pursuant to LDR Section 4.4.6(1)(1) These standards shalt apply to all site plans approved subsequent to October 7, '1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (fi) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. 2} In addition to the above, LDR Section 4.4.6(1}(2), it is acknowledged that some of the above referenced standards may not be entirely applicable to small, infi[I type residential projects. For those #ypes of projects, the ultimate density should be based upon the attainment of those standards, which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. The performance standards are as follows: (a) The traffic circulation system Is designed to control speed and reduce volumes on the interior and exterior sfreef network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and shod segmenfs; multiple entrances and exifs into fhe development; and similar measures that are intended fo minimize fhrough traffic and keep speeds within the development of or below 20 m.p.h. 4 Planning and Zoning Board Staff Report, Apri{ 17, 2006 Village Parc -Conditional Use Requests The proposed internal traffic circulation system contains short segments and loops. The design of these drive aisle will keep traffic speeds below 20 M.P.H. Based on the above; this performance standard has been met. {b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The proposal involves the construction of 3 story townhouses in 16 building complexes. The groups of townhouses have the required 4' building offsets every two units which provides visible offsets and reduces the overall massing. Amenities such as the child play area, paollclubhouse, and cabana are used to separate the groups of buildings and provide areas of open space and landscaping. Overall 123,228 square feet or 36.2% of the site will be provided as landscaped open space. Based on the above, this performance standard has been met. {c) Where immediafely adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property !lnes are. increased beyond the required minimums in order fo provide a meaningful buffer fo those lower density areas. Building setbacks are increased by of least 25% of fhe required minimum; at least one free per 30 linear feet {or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The south property line abuts an RM (Medium Density Residential) Zoning District occupied by the Kokomo Key residential development. The landscaping plans include hedge material and one tree for every 30 feet. The south side yard building setbacks adjacent to Kokomo Key exceed the minimum setback requirement of 10 feet by 50% thereby meeting this standard. {d) The development offers a varied sfreetscape and building design. For example, setbacks are staggered and offset, with varying roof heights {for mulfr`-family buildings, the planes of the facades are offset to add interest and distinguish indr"vidual unifs}. Building Elevations incorporate diversify in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The development proposes a Caribbean type architecture which will provide a variety of design treatments and colors within all buildings. The mixed use buildings and office buildings fronting 1=ederal Highway will utilize a combination of soft salmon, a light yellow(Weston Flax), and Spring Valley light green far the building facades and a Winter Snow White color for the trim banding, columns, mullions, and roof brackets. The Standing Seam Metal Roofs will be composed of a Satin Finish Gaivalume material. The main awnings will be a Navy Blue color fior the stand-alone office building, Forest Green color far the 4-story mixed-use building, and Navy Blue color for the 3-story mixed use building. Ail the projection awnings for the mixed-use and office development fronting Federal Highway will consist of a Burgundy color. Arches, balconies, and copulas are prominently used features of all the buildings along the Federal Highway Streetscape. The residential townhomes while architecturally similar and compatible with the Federal Highway sfreetscape have some further distinctions which complement the overall development. These include a pastel color palette with more varied and distinguished window treatments through fhe use of window shutters, decorative paneling and frames, and different window shapes. The window fight fixtures appear on each side of the windows above fhe balconies. The use of paneled window firames are also complemented by the use of the paneling and 5 Planning and Zoning Board Staff Report, April 17, 2006 Village Parc -Conditional Use Requests reveals far the garage doors. Based upon the above noted examples of architectural diversity, the proposal complies with this performance standard. (e) A number of differenf unit fypes, sizes and floor plans are available withr'n the developmenf in order to accommodate households of various ages and sizes. Multi- family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing {attached and defachedj will at a minimum offer a mix of three and four bedroom units with varying floor plans. The proposed townhomes and mixed-use building condominiums contain a variety of different floor plans for residents. There are 12 different floor plans available within the interior townhomes development to accommodate all types of household sizes and three floor plans for the condominium units. All residential units are specified as 2 bedroom units with the option to convert the first floor dens into a third bedroom. Overap the housing units range in size from a minimum of 1050 square feet up to a maximum of 1,869 square feet. The development proposal will meet this performance standard based on the flexible floor plans which have been provided. (~ The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. The site has no natural areas existing on site. However, a large sodded retention area is proposed to be developed at the east end of the property. This area is proposed as dry retention and is available for recreational use. Additional plantings should be added to create a nature preserve area and this is attached as a condition of approval. (g) The project provides a convenient and extensive bicycle/pedesfrian network, and access to available transit. The development provides an extensive pedestrian system that links the residential buildings to the pool, clubhouse and cabana areas. Many ofi the other units are linked together within the interior of the development by sidewalks and the perimeter units are linked to each other and the child play area. A bicycle rack needs to be provided adjacent to the pool area and for each of the mixed use buildings fronting Federal Highway and is attached as a condition of approval This performance standard will be met, subject to the bicycle racks requirement. In conclusion, a finding of substantial compliance can be made with respect to all of the performance standards subject to the provision of a nature preserve area and bike racks as noted above. WORKFORCE HOUSING STANDARDS FOR DENSITY INCREASE: LDR Section 4.7.3 -Provision of_Workforce Housing Units: Developers will be awarded density bonus units (additional market rate units}, beyond the base number allowed per existing zoning ordinance after performance standards have been met, as an incentive to provide affordable housing units, subject to the limits and requiremen#s of this chapter. The bonus allowances are set forth in Table 1 as follows: 6 Planning and Zoning Board Stafl Report, April 17, 2006 Village Parc -Conditional Use Requests TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT. THE INFILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT OPTION -SALE BONUS PER WORKFORCE UNIT PROVIDED VERY LOW 60% 4 LOW 80% - 61 % 3 MODERATE 120% -81 % 2 OPTION -RENT BONUS PER WORKFORCE UNIT PROVIDED VERY LOW 60% 3 LOW 80% - 61 % 2 MODERATE 120% - 81 % 1 LARGE HOME OPTION 4+ bedroom workforce housing 0 units Additional d.5 bonus will be added to the bonus provided above in this chart There are 134 dwelling units proposed within the GC zoned portion of the property {7.81 acres). This equates to an overall density of 17.81 dwelling units per acre. The applicant has proposed 15 owner-occupied moderate-income workforce housing units that will be integrated on the site within the mixed use buildings. As noted in Table 1 above, the provision of 15 moderate income owner-occupied workforce housing units gran#s a density bonus of 45 additional units. The development bonus sought for this site is proposed as 41 units. Therefore the requirements of the workforce housing ordinance are met and the additional density (5.81 Dulacre) can be supported. LDR SECTION 2.4.StE) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E} {5}, in addition to provisions of Chapter 3, the City Commission must make fndings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north side by AC (Automotive Commercial) zoning district, on the south by RM (Medium Density Residential), on the west by GC (General Commercial) zoning district, and on the east by the Town of Gulf Stream. The adjacent land uses include Burton Volvo & Volkswagon to the north, Kokomo Key Townhomes to the south and several retail commercial uses to the west across Federal Highway. The additional residents which the 134 housing units will generate will improve the stability of the neighborhood and the North Federal Highway Redevelopment Area. They should act as a catalyst for additional development along the Federal Highway Corridor and have a positive effect on the redevelopment of neighboring properties. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5). 7 Planning and Zoning Board Staff Report, April 17, 2006 Village Parc -Conditional Use Requests COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a concurrent full Class V site plan has been submitted and will go before SPRAB pending a favorable recommendation of approval of the conditional uses from the Planning & Zoning Board and final approval from the City Commission. The following issues deal with the requirements of the Delray Beach Land Development Regulations concerning this development: Townhouses and Townhouse Tvpe of Development: Setbacks: Pursuant to LDR Section 4.3.3(0}(3)(c), setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in-lieu thereof structures (dwelling unit groups) shall not be located closer than twenty-five {25) fleet for atwo-story structure, nor thirty-feet (30) or a three story, or greater, structure. The proposed separation between the three story townhouses among several of the buildings are only 20 to 25 feet The applicant will need to submit an internal adjustment request to reduce the separation requirement, which will be considered by the Site Plan Review and Appearance Board during the site plan review process pursuant to LDR Section 2.4.7(C}. All perimeter building setbacks pursuant to LDR Section 4.4.6(F}(3)(a) have been me# for the project. Design Standards: Pursuant to LDR Section 4.3.3(0)(4){a}, no mare than two townhames may be constructed without providing a front setback of not less than four {4} feet offset front to rear. The proposed offsets met these requirements. LDR Section 4.3.4(x) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Medium Density Residential (RM) zone district: - -- --- - ~tar-rlarr~ P.r'nviciPCi INmimu~n Flood Area; Twa Bedroom Unit _.. _ 900 sq.ft. 1,050 sq.ft. Maxirnurr~ Lat_Cover~ge 40% 29.6% Ivtirnmum_Open~pace 25% 36.2% Infill Workforce Housing Area Development Standards: The following table indicates that the mixed use buildings comply with LDR Section 4.3.4 as it pertains to the General Commercial {GC) zone district: -- .. ~-.- - - Sta~~ar~:~ ~ ~ _Provi~ -- ~ ~ _ ~~.- e~'- Minimurn~Bu~d-i~ Se~E~acks ( y Front N. Federal Hi hwa) 9 10' -- 10' -- - - _ _- Side Interior Rear 10' 10' 15' 62.53' Recreational Amenities: Pursuant to LDR Section 4.4.6(H}(3), recreational areas shat! be required for all new rental apartment developments, and of owner-occupied developments, which have homeowner associations that must care far retention areas, private streets, or common areas. New 8 Planning and Zoning Board Staff Report, April 17, 2006 Village Parc -Conditional Use Requests developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers, features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than 25 units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. While the project is located in an urban environment, the site plan is proposing the location of a child play area at the south-central perimeter of the property between Buildings 4 and 9 which will be available for all residents of the townhomes and condominium units. A pool, pool deck, and cabana area will also be available to all residents and is to be located at the end of the main entrance drive into the complex. The project does no# provide recreational opportunities far young adults as required. Additional facilities must be added or a waiver obtained for this requirement. Parking Requirements: Pursuant to LDR Section 4.6.9(C}(4}, the required parking for the 6,825 square feet of office space is 28 parking spaces and the required parking for the 15,408 square feet of retail commercial is 70 parking spaces. Pursuant to LDR Section 4.6.9(C)(1 }(c}, the required parking for the 134 multiple family dwelling units is 268 parking spaces plus 36 guest parking spaces (304 total spaces). Without using the shared parking calculations a total of 402 spaces are required. When the shared parking calculations are applied a reduction to 340 total spaces is allowed and 368 total parking spaces have been provided. Village Parc--Shared Parking Calculations Table Use for multiple use projects which include residential in CSD, GC and PC zoning districts Weekcia -- .8e ens--- ~Vr{~f7t Day Evening tea ~ __~~~itng~._ -- _ - ~I~dKlE~t1t t0 B $ P~I~I: t0 - _ - -tom=:. _ .Use `;` ~ _ RequrecE _ -= ANt `_ , 9 AM.to4 PM __ lVticingtit'.: 9 AM°#.PI~ _ ;.i~gh-----` Residential 304 100°.~u 304 609 182.4 90% 273.+~ 80°io 243.2 90°% "" 273.6 Office 28 5°io 1.4 1.00°,/0 28 14°0 2.8 10°,~° 2.$ 5';r° 1.4 CommerciallRetail 70 5`;•0' 3.5 709 49 90% 63 100 /° 70 7D°o 49 Hotel 80°9 ' 0 SO°rb 0 1009 0 80°I° 0 100% 0 Restaurant 'lA°~S 0 50 ;•L 0 100°,•b 0 ''50% 0 100% = 0 EntertainmentlRecreatienal theatres, bawlin alle s, etc 1D`i5 0 403•S 0 100`i° 0 80% 0 1D0%-- 0 Reserved Parkin .100°ro 0 100°h 0 100°!° 0 100% 0 9D0% 0 Other 3004~u D t00°•~ 0 100°~° ' 0 100°/u = 0 i 100°/a - 0 TOTALS 402 309 ` 260 340 ° . 31fi 324 340 Total Spaces Required Standard Aisle Width. Pursuant to LDR Section 4.6.9(D}(4}(d), the standard aisle width far perpendicular parking is 24' and only 20' is proposed for the two interior drive aisles onto which bath guest spaces and townhome garages back into. These two inferior drive aisles will need to be increased to a minimum of 24 feet or appropriate relief granted. 9 Planning and Zoning Board Staff Report, April 17, 2006 Village Parc -Conditional Use Requests REVIEW BY OTHERS Community Redevelopment Aaency (CRA): At its meeting of April 13, 2006, the CRA reviewed the conditional use requests and recommended approval. They mentioned that the City may want to examine the feasibility of the developer providing a right turn lane into the project. Sife Plan Review and Appearance Soard: If the Conditional Use requests are approved, a site development plan application will be required for the development proposal for final action by SPRAB. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: - Neighborhood Advisory Council - Progressive Residents of Defray (PROD) - President's Council - La Hacienda Homeowner's Association - Palm Trail HOA - Kokomo Key HOA Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property and the mayor of the Town of Gulfstream. Any letters of support or objection will be presented at the Planning and Zoning Board meeting. -- - - ASS:ESSMENT AE~~11CL~~ErON '~ -.- As described in this staff report, the increase in density can be supported since the proposed development complies with all of the seven applicable performance standards. The development further complies with the Workforce Housing Ordinance and positive findings can be made to support a density bonus of 5.8 units per acre. The applicant will provide fifteen (15) moderate income workforce units within the development. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can also he made with respect to LDR Section 2.4.5{E)(5) {Conditional Use finding) regarding the compatibility of the proposed development with the surrounding properties. A. Postpone with direction. B. Move a recommenda#ion of approval to the City Commission for the two conditional use requests to: (1) allow the construction of 104 free-standing multiple family residential units (townhomes); and (2) To allow a density in excess of twelve (12) units per acre (17.8 dulac proposed) subject to the provisions of Article 4.7 "Family Workforce Housing" for Village Parc, 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 criteria set forth in Section 2.4.5{E)(5), 4.4.6(1}[Performance Standards], Article 4.7(1Norkforce Housing], Section 10 Planning and Zoning Board Staff Report, April 17, 2006 Village Parc -Conditional Use Requests 4.4.9[General Commercial District], Section 4.4.6[Medium Density Residential District], and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the two conditional use requests to: (1) allow the construction of 104 free-standing multiple family residential units (townhomes}; and (2} To allow a density in excess of twelve (12) units per acre (17.8 dulac proposed) subject to the provisions of Article 4.7 "Family Workforce Housing" far Village Parc, by adopting the findings of fact and law contained in the staff report, and finding that the request is not consistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(E)(5), 4.4.6{1)[Performance Standards], Article 4.7[Workforce Housing], Section 4.4.9[General Commercial District], Section 4.4.6[Medium Density Residential District], and Chapter 3 of the Land Development Regulations. r -- ~~ RECOMMEiVW t] ACTION `~- DE Recommend approval to the City Commission for the two conditional use requests to (1 }allow the construction of 104 free-standing multiple family residential units (townhomes}; and (2} To allow a density in excess of twelve {12) units per acre (17.8 dulac proposed) subject to the provisions of Article 4.7 "Family Workforce Housing" for Village Parc, 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 criteria set forth in Section 2.4.5(E}(5}, 4.4.6(1)[Performance Standards], Article 4.7[Workforce Housing], Section 4.4.9[Generai Commercial District], Section 4.4.6[Medium Density Residential District], and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Palm Beach County traffic concurrency approval of the non-residential portion of the project. (residenfiial portion qualifies as a residenfial exception east of 1-95) 2. School concurrency approval from the Palm Beach County School District. 3. That four (4} bicycle racks be provided for the mixed-use buildings and poollcabana area in accordance with Transportation Element Policy D-2.2. 4. That the workforce housing units comply with the requirements of Article 4.7. 5. That a site plan in general conformance with the conceptual plan be processed and approved by SPRAB. 6. Additional plantings are required inland around the dry retention area to create the nature areas required in the performance standards {LDR Section 4.4.6(1){f). Attachments: • Color renderings • Site Plans • Location Map Report prepared by: James G. Cain, Senior Planner 11 N SUBJECT PROPERTY VILLAGE PARK ~ 2001 N. FEDERAL HIGHWAY P~P,NNING DEPARTMENT t2-43-4fi-04-00-000-5040, LOCATION MAP CITY OF DELRAY BEACH, FL 5450, 5060, 5070 -- DlG1TAL BASE MAP SYSTEM -- MAP REF: 5:\Planning &Zoning\DBMS\File-Cab\Z-iM 1001-1500\LM1088_~Ilage Park ~ ::f.- V ~ o 6 k fx ~ fC ~ ~ ~~ _d ~~ 3 ~~`~W -£ F ~: ~_ ;~ ,G €_ ' ~ :~ ~ .. 4 c. 'ti. ' ~, U~..- o ~ -._a m 7 ~ a ,Vj Z 0 3 [~1 j r~E s1 ~ 9 ~ 1 [ ! i!r~~~~~~:~~3 ~t~'~ L~~'if; ~ T>! ~ ~ ~:r~li, rig ?,. ~:;,4~ i ~ ~ ~Er,! ~# i e}?~i !~S r~iri ili:~i i~r'~`[E t i~~ ~F= ~ ~rk~~~r~il~ti~}~~~;F3'~ ~`~~~~~}' F~i ~~~~153:~.~:~ii:~t~=f*3ijil~2F~t ~ f: ~ziliF~i~iii~i~E's~ 1a~i~iFiF'.~!~~~i~~le~i~` '~ •rc.___ FSaEr__, i ia•.SF •.'•~!!E[ES•S.l1f. r ~i e[alese ~siccaecc il:fllifefe Fcitil ti?E!!7~ !~ ~. ~~~ ~ ~~ ~ [~~ ~ga~ r:; t .! 3 ~ r~ 3~ ~ ~ ~~ 1~ P d ~ ~i ~~~'~ ~~ ~~;~°~ j~~ ~~~ a~~6~~ R~s`t~re'.~d1 i $~ . ,~ ~~ f~ t ~~ ~~ ~i lid tai 1~ # i~i~~~ ~s~~~~i ~.S:i#it ~~~~ - ~ .. fil:fififil[_ ~lf[!I •[!!3!1 SiE s••eet i_.; ae.. __ ~1 ! ! [ i f t E ~ i ~ i~ ~~~~il~ g~i~(~ ~ ~st~~~~~r1`~l~~iiF ~ }`~~tt~E~r~i~~l~l~~~ll 3 l~ ~Pii~Ii~~f~~+ ~~E t r~rv ~..1 ~ ~ __:3 3tra n sw5r~ m~~A'~~lnavlrlw~9cliifsY a~tuHr '~`~~ ~ ov~mLi ~ :~rnoag ~o,~ap ~o A~,~.:- _ f[arrarm~ranew ~ ~ R ~ a ~~eNS~mov~w~nuam'rD°i ~mnx! :. - ~a.Fs _ an.~r,.x-~ru~EwvEVrrw,awrri 7~od a6rili!A .~ _ :. - ~ a_Fr pnwin~m~n•aax-.era xna a rya ~ ~ , '~e•a ~ q-t-~37r7yJ Ntl"Id 3115 - ~ ~ ~~ - ~ - ~ AY.xC3lvM ~ Y x ~ ~ _ ~ ~ v ~ • lVlriWVe¢xi `y ~ ~7 ~ Y ~ ~ _ • u a s ~ ° b n LJ 4 ~ ESg ~& _ ~~~~ ~=E Rs i~b~ i~E 3 F- ~ gP ga¢5`s 66 ~~_-°~g~ =5~ ~bg~as Via` uW Y B sfSifa{,F ~e~~n F ,`232 ~ S i~a~. •n e~3{ ~ga d.a n~~ YS .x` ;L~~'~2EL £q ~ ~ ~g a«ff fi yrS ;:3;'s'Y •ni ~ 3 ~•" `ie ~ ~ x~~§~$5~ a:~_x ss~a~"ee' g ~ga% a~8; ~`3.mr Sh-t :„r~E° Sa Aa'~ - ~ ~5 ~~~ ~t z -=s~ . - r ~° S~ °'L o - 3~z„ $=' dal sE ~ ~~~~cse~is ! mom' ;~~ 3~~A e° ~,~~^ ~ ,~ e~F ~ ~ N-_ $• ~g"~ •~~$~r _ ~ F=SiYi s$$ ~s Z_z~ts ~ ~~•~' %~: '~ ;Less ~'.#:^= s e;~~ ~=~_~=~b °x~ ®L -~'"gN~ ~~~ ~~~ ~ z •~~~~~~ Re S~ ~ {y{am s ~ •.: .. 3s ~~~. 6 .,. ~ _£ a c x tea. ~ i.,s ~t'•~. w3_ 1.'i r` ~°zs Sg ~ E~ f: ro a. a5 rsa ~ e:3~ Y.~A~~ gg Asa ~d5d`$ec ~ <~,~e ~ S~S 6'xa~E ~ 3 --~- ~ ' f .r E' tr ~' aq zu .rene m~ ~•~ ~ Oe • soot mu .rcat^ T ~ ti ~~\.`_ sea sa N .~~ n ~ - _ _ _ a ~ I g e > . ! Ib~Q ~~ a= =~! 3 ~ _ ~~ Ii g ^N ~ of ~ _ ~A _ ~ v ~ ~Y n F 8 m 1 .o--ve ~& 1 .TMOny E .ts. _ __ ~ Mx :~ m~ _ a s~k ~ Y~ _ s,~~s 1 - mores nelw _~ § ~a ~ 6 ~ .. ! _:~ o ~ asR, ~'° ~°^` i ~' ~ i - R . .1' l x ~' ~n m ~ 1 ~ .... ~~;~ ~~~ L~ Z O ~~ eta #7 e~ ., ~:_ ~ ~'s -r~ :~-- ! '~ ~. ! ~~ ! g !f ~€~~ ; f _~~ z 'a LE~~ 1 ? ~rF' y E~ n' wl 31r0 .N~SWaN3Y SiYIlSL'SI%1 iY~!!yl_it y~faA' y 4[%Z YWa TNR II~OY raunr•mvamlpya~nvy i.mu Q " ~anx~l+u-awu~aznrnrwrxaNn oNrt-gnrmNr~ruxv~ '~N3 1[s17~~f7A W Q78ld'}L1V~ . - AYA1tl3llA~ ~t Yr1SZOJYtltM~ : .j m ~ 4 .~ ~ O o ~ Y~~Y! T..„_ ~ ®_ gF 6 ~~ ~~ / ~a ~~ ry `9Z'SOY ~N .Ot,p[,10 N N ! ~ ! P~~~~ ~ ~~ ~~ qq, ~~ ~ ~~~z~ ~ ~ ~S g g ~ ~ ~ ~ ~~~ E f ~ 3 ~k~ € ~ E i f f I f f Y ~ I ~~ f I f f I! ~[ ~ ~ ~i j ~A ~ S~J K r a - V 3~ ~~ _~ ss se M ,a4oc.~a H ter... ~ I 1 ~` \ 1 ~ . I ~` +~ ;~ .t Sr ' ~~ ~. \ ! f I~ --•_-__ y~y ~ ' 1 w bz ~~ )lb ~,•SIO6n3a aTdEdL]YJ aloe ab II~L,. ' _. ~.~. f~v`Ed adld$o~s ..-ltllLLd3~N{3~- ~~ . ~.. xrwerp.ra ~ - m 3 iisvmrww f- :" Y ~ z 9 i ~ ~ F [{ ~ ~ ~ ''~wo, ~, ,~~ ;f b ~~ ~~ ! ~~ ~ ~ ~~ ~~ ~,l ~~ gk~ `f ~ ~ ~ ~ ~ ~ . ~ ~ ~~ 3 i~~ 9 ~ "s ~a~ ~ a $ ~ ~ ~~ BE~~~#~g 1 ii i~ ~~ ~~~i~~$ ~ I f f E ~ r e ~~ ~i ~@ ~~ V ~ ' v i pp h 56 66 _ _M O~ I,OGIO ~ v 3 ~ ~ ~ ~# ~ i~~ ~ I^ `~ ~ ~fi~~ - ~ . 9C ~ EU ~ •.f .[ ~m ~~ ,~~~~~ f ~~~ C.IaIi ) i yiaylKla.w~~:: ~ o0lnli oag .coiPO to Rla ~ 3i ~ L^ ~ lulus eN~Mi ~oafiir1~ ;ilo~i Y plod a p~~t '} ' '~ f~ ~ ~"] 6.a~V1! d![IL'AUTAYYBJy~SpNY1 - ~ axrnrcwwm•onnaarpa'luiw - ~ lVtlld 2E3M3S 3ib'/14 ~ ' S' ~ ^e I -~w'aa~aaHmav mala-sr~r~ ~~ ltl[~Ed3~N ':~ ~ l yr ~ ~~ a lnµgl~a N 1V15v0]~eln .f 4 ~ ~ g9 ~! ~ ~ 3 ~ ~ ~ ~. I, AYL•'. - F ®i-...f „~„ - 1 ~~ ~~ ~~ ~' ~0 1 y I y ~~ ~ ~ ~ t~~ ~t z ~ j ~j ~= s a a i ~ ~ S~~ a ~ @ ~:e ~ ~i~l_ ~~~~IIII f I f f ~~: I f f # ~ < ®~ ~` i ~ ~i ~ ~~ ~. _ ra jil ff~k ba~ ~ e 5666 ~. ~R ~~ ~ 's ~ 1 ~~ - o= ~~ I I . _~ ~ ~ ~ ~~~^a ~'T7 `7H2i34~~ 'N i00Z ~ ~ ~~~~. , Ry ~. ~ ~ ° ~ ~ ~~ s~tln vanes ~~i~tiaa xVii-.. ,~~;,~ ~ i ~ : ~~;~~ F" ~ s ~ c _ z ~u ~`~°~ ~ L °~° ~ g ~~~ ~~z. y~t}(OX}j ~ IVMH:J3H7Y~I3a3~'NIOOZ *w''(T 7~J ^~}v [~~7T'w JtY UA1Q LI J4Yd ~ JM i ~ Z ~ _ GzzQ~ oa3V E ~ ~~~ ~ n ~ ~' ~u a Q ~ R3 xin 6 . v !f ll ~ nOp~ ~~ ~ ~ _ V w q h Q v x a w t~ II V b 1V (~ O b ti ~ ~~i ~ F V a ~. ~) w q~ N ti h U N O ~ ~~ ~. ~~ ~~~~ ~ ~~~~ z ~~~" a$ r ~ ~as~~~o9 a ~~~~~~~ ~S4$ssg~ ~~ met ~] 44~~N~ S E s i 2 E' U O ~ ~ ~$ ~ ~ $ OUP W= ~ ,~ W "_ = ~ ~ 2`'a~ Eta a O Wh.bO W'~~U $ma`~p ~o«MRi~v ~~oa~'v ~ub~ o V~ n U~ M~ o v y T e ti ~-gyp ti a 5 cr y b C a h m F 2 C~ ~" ~ c Lt,3 ° ~hG ~73'O-~~ ym° ~ ~~V +a~''~t'° y lea 4 ~~e°`° N~3 a tiC1:4 ~~ ~ ~~f:4 ~ C.1 ^°~+~° F4 ~~'~j~^w Nti t7' ~4F o ~; A~ ~ ~ ~~`~a~ ~7'~ '71~~Q~~ 'N= I DZat + a s ~~~ ~~ ~ ~ _~~~ o ~~ ~x ~~ Lg3 ~ ~E£ g ~° ~~U R 3g~tl ~ n YOil[073'H~Y~8AYi173Q A V M ` ~ ~ ~06K c g 9~3~~C ~ ~ Z~~~ }~H+[ JI1H.~7^Yllv3av3)d NCT100Z i ~ 7~ ~77 ~~1:74.1 .I.• JQYI~ ~JYI'IiA o ,aa~ .,.. --- ._._..~.._..__ ............. gg ~ ~ t FF ~ ~ .wi Q 2 ~oou- ~~ n2 R W Y~~ ~9~ ~3 A-..... ... ~ ..-..~. _.. _.. __. T ~ r ~ Y, ~p ^• z 0 ua- w O t~ F 4 F F L FG c U s~ 0 p P n z r a: O I~ ,~ 0 cu w w F 0.' O z z 0 i3s i i i ~ e~ i ~ e ~~ 8 ~t ~ ~ ° `i ~ • b "~,: ryry 'y{,/~~~7 ..,,a~]~a~...,,../~~..xw=,e,~,»~,.mw,..x.,~~.,,.o»n ~u.,w.,.,. x,,,.H~,..~~..~,~,~uo~. H ~ F~~ ~ ~~~„s ~ 1 l ~ 17 S3aQ.~~ •lV~y~~T ~ .'J ~ ~q ^~.. rwfmwnxofuennO S~ ~ ~w~ ~~ ~~~ ~wa~ 2 g a.~ ~~ ~x ~g~ YORIO'[3'H3Y38 [YU73[7 ~ » ~¢: ~~' z.~ n x d ~ z ~~ ° ~. ~~~» AVMHJFH7Y41~Q33'NIQOZ ~ 6z~O CE n'',:~* _ ~ a t °~~~~ a~~~~ x~=~~ AV?I7~Q.LV~~IVd 3JYIIIA g s5~s ~g ~@ ~° 'Aa , ~~..-- -,~. N b ~~ ~~~~~~~ ~g~~ ~ 0>>833~~3s~A~~~~~~ ~ ~ C]~E7L•]OO©~~Q~H~pp ~ Q ~. E+ Q W :y' ~ a,,;~ ' x ~ a f Y g Yg I ~ ^~ s ~W~ ~s~ ~5 '~~~ Z ~ ~ ~ ~ ~ z r5 ~x ~ ~~ ~2e~o varao~i•H~r-aaxvx~~a ~ $ a.~~' ~z ~~ ~ ~ `{ - ~~° ~ ~~ ~ v ~ ~.: ,~VMHDIH 7V~13O33'N IODZ " x i"° °F ~~ 0 5 ~ N j "~d~< ~~~~~~ ~§~€~~ A'd~13~.Ld~~Vd dJYI~1A ~ ~~~~ ~~ E~ ~ ~ W ~~~ 4 0 oar '~ ~ k ~ ~ ~a~~~~~' 'c~E~~e~s G ~ a~ o ~;~~~3~g~~s~3~~ ~ '£m333 ~~o ~ ~ " C a u u R a 7 i ~ Q~v ~ i ~ ~ i ~ ~ i i i ~ i i ~ ~ i i i n~ i ~ ~ ~ ~~ Y w,auu~wo..n..wiro ~ vamvrw~,ri.~,nna..w.n owwvwa.,,x,„w.wun i o.~.aom, Fo ~ ~n.~xvn .w~ina+~e K.m. z ~~a~ ~~ ~a°°~ I'I'I "I~~Q~~ 'N.~~O~" ~ C Z ~ W~ ~~ ~ ~ ~ _ o ~ ~~~ p9 n~ ~`~ ° ' a ,~~ x ~~ ~u ~ ~ ~ d ~~ ~~z YQR1073 H~Y38XVi1736 AVMH'J1H"IY1I3Q33'Ni00Z ~pF~ ~a ~cl~t gggg gg x# $Si~~~ ~~ ~ ~~`I~Q .~.~~~~a ~~~1~11 ~ g a .~ - i°.maon nLnn ~µw~.:~$ _~.,,,,~,mr!~'ac~,.,=.~mmu.awxw n~.q x r +~v.r.xw uw~~p nn ~ s ~ ~ =7 ~~ 6~. ~~ _ ~z ~~o c m a gawk z~ ~~ ~ ~ ~ J w m w ~ ~q~ ~E ~~s~ 3g ~ ~~^ ~ 2 Y ~~ s3= `a+ ~W~~ee }#~~~ ~ ~ q O -3 ' 3 II ' ~ ~ > > > 7 o©ano~r~o ca~o~~©o s- fo I6 ~z 0 i i Q _~r~A y c 3 ~~n atf J17 ~1Y[l~'U_ ~~~ ~ Y~O~ ~ a g~Y tl ~ ~ Wz a x ~yy^.p-- t ~~~~ ~~~ VdR1073'H~Y3flAYll79Q RYMH~JIHIYY3C133'N IDOZ - d: v ' ~~. C~ ~ ; =: A y O a n ~ ~ ~~ ~ ~~ ~ G1o ~~~~~~ x~:~~ ~~~aa.~v~~rva3~vrzrn ~ s ~ ~u~It ssoa ~'a d2 ~a~~ . . - -... ~ ~ m °'~ o ~~ Q ~ .t I I tt J ~ I A.s Y% 1-.f ~ ~I A ,rl ~ ~ -- 3{ --T.=- 11 ~ _-_- I I I ~ i t I I I ~` ~ 1 l ' II I ~ ! t.~ti ~_J L... _ ~ I ° II I ~ L J L 1 ~ ' ~ O _ _ _ _ _ ~ ~ ~ J _ ` } t ~ - ~ ~` rs it I{ ii a ri o 11 °~ 1~===-~-_~= :[~ ~ ~ ~ ~ °~~~~~aF3 ~ ~~~ Y ~ ~ o©oaoot~a~~~~~©© 0 ~: l 1 ~ r1 16 ~ ± c i 4kL-q{ xa xx= • c Q ~ ss y ~ ~ 7: ~ 4 ~~ ~. R a u. O. oY x ; -- q j `~_ ~ ' '- i `` \ ^rH I Ii W I I i f.f I ~ ~i j ~i ~ I. z 0 GHG~,~ lit O ~--1 \ U i W ~ i i i ~~ z 0 O M4 v __ ~I i 3I i i a ~~ ~Q ~~ ~F.w W C1- J~ 1f-_-~. N O 0 Q°_ ~Y a H W ;, -~., N z°` c ti J ~1 Q J Q I W 2 u _1 4 a ~A~ ~ ..~ - --- ~~~ ~~£~~ ~ ---------_.._......,,.,.. .m.m~a~wo.... i........o..w.o ~7`I '7V2I~Q~3 'N~~,OQ'~'° s.m.sna~p. ~ w.wm. ~«Yas~,a,...yorc.~~w..~.:.,.~..nw~.,u... ry...ni wo..wa,~v..non ~ as ~~`~ l~~~ o » ~ $ ~. .- ,- ~~ r= ~~ ~ ~~` valxon3•H~vaa,~ra~~a ~ c a. ~~. ~ ~_~".. ` ` ~ ? z ] ~ ~ ~ iz AVMH'JIH 7V~I343f 'N IOOZ ~ G z Q E ~ o `~' ~ ~~~ 4~~~ ?~~~ Adi11~© .Ld~2Idd 9JV'I71A ~ s53x g z ~ s~s ~ a aou 2 OV ~~ 2 . ~~A ~ ' ~ ~ ~ ~_~~ ~ P Y ;, ....__.__. ~~~ •~v~~a~'~ ~ road . ~ .z..__.._ ~ .____... _.. __... .. ..-J.. ..`. ~~. ~ y ~u . -~4~ = ~ . ., w~..,.~ ~ ~ ~. . ~ ! ,.:w~~,a...7.ua MmMxdxvnrm.~ ~^ x ~wF ° o ~ z ~ ~ ~~ ~~~~~ ~~a ~ a ~~~~ ~~ Yan~oi3'x~Yae~tYa~~a [YMHDIH'jYl[9Q~d'AFT c S ° S -, ,a O _ 6g~£~.:~Z ~~ ` zo. a ~ ° ~ ~ _ ~ _ ~:. h'"= rr o ~ ~ ~ Q ~ ~ t r r ~ ~ ~ aa< pro„ ~~~~~~ x~=~~ . 90Z ~~7~a iv~~va ~~v~~~n ~ ~ sos~ ~~ ~~ ~ ~~~:_ ^ ~ ~ ~a a ~. ~~ D O ti j J ~• Q O {~ R, OV ~O W U U a~ ~ ~ u ~ w ti ~ u ~ ~~ m o ~ 0 0 J - ~ ti O Z ~ a 5 U u: ti ei n: ii m ~ 4 U1 UJ r!i rri vi ¢ 0 ~ m m ti w x E- J Q ~ J 1 w z « U1~ a U O OZ a m m ~ N ~ 1i1 ~ O [C a ~ ., j LL LL J' V '~ N ~ ~ . ~ U IL IL 11 IL a~ ~ ~ ~ ~; J ~ o J ~¢ O O_ N ~ N .T [~ Q ya .j U Z l ^ a ~ p u. ~ U; [i ,~ ~ as `~ N ~ N ~ p} ~ J111 O O ~ ~ ~ O a o ~. a ,^~ M J ? ti ~ N ~~ p z N o .n .n o ~ p n z _ ~ ~~ w O ~ ~ L] :LL 4 ~ F N C V O ~~ A~ ~ w U Z A L i , ~ I t U. lL ~ I ^ ~ 4 N ~ N m ~ O F j'~ ~ N L [ [Y N t0 ~ ~ ~ Q (~ ~ a ~ o J ~ o s ~ O LL ~ ti a Z r v ~` O a r ~ w auwwwwvm~rto ~o:rry~wa ~utvmn~MpfxL3:wxicwvwouvNw~..wun~n,mNw~a w~nnsv.r wa~~a~o+riw ~v~e~aiwmm~a.~-pr~m v. ~ ~ .S~TMar.wp..,.up~w„'o?u+s.y..nnu, uow s~».d.+m~.rei.~x~~w.« a ~~~ q z °~ ~ ~~~a~ X11 '7dii~C~3~ 'N..~OQPs~" ~ a g ~ aaa ~ ..:.: ~ o= ~~~~~ ~~~^ YgIyQIi'H~V3@AYi174(E ~ $ ti~ :~` ~i EF~~ o z `~ < z ~~ ~~~„ a3z AYMFf:]IH7Y1l3a33'NIpOZ ~ 2 eds~~ ~° ~~ a'"u _ ~a N~ C O ~ 3 ~Pa~ CV ~3 Q Q Q y ~~ r ~-se ri [7 - k rig ^ Z _ f ~ Y ~ ~ J ~ w Tfl ~ k ~ ~~V}1 ~ V] [7 ~ OQ O . l A ~ 7 ~ .~/ LL1 N N N N S ~ ~ i ~ 0 fQ N [~{ 1 t~ [~ ~ ~ t J ~ M ^1 _ Q O k V_ Z m c P c ~ N ao { ~ O O ~ U W °o ~~ 0 w U ~ V: 4 LL u a 4 Vj u) Vi vJ U a¢ ~ 0 0 0 J a ~ W a cs ~ ~ z ~ 0 ~, ~' m „ +1 ~ ~ G ~ h ~ v / ry ~ F¢ ~ V 4`J r q ~ m ~o n X n ~ ~ X ~ a ~' '.. " ~, ~ o U w 3 w ao ~ °~ ~ o s ~ '~ w w a W ~ ~ N ~ t '~ ~ V m v U a 4 ~. u LL rti tQ fh N t/1 4J ~ C] O a ~ ~1 ~ Q Q d C1 N (:1 f 1[ ~ ~ O~ ~ j z ~ U LL LL fl, lL ,/ ~ ~Q N N ~ ~ ~ e! ,(i b l y ^ ~ ~ Y ^1 . ~. ~ z S ~ ¢ ~ ~ F Wy `. cgii w ~ F o u~ J ~ ~~ ~ W O ~ ~ ~ ~ .. LL m ~ ~ ~ ~Q ~ w o~w ~.,..~I.,o.o, O~ ~.:t: s ~ ~ '" Ct ;:'' ~ ~.,.,V.ol,l„ ~.~.~,,.o,.,o.~..,... ~R,r•~~~,~..I~..~wm.~w : a aa wr,.,,~~,~..~,,.,.,~,.o~~.ol.~..l~~~ ~ N ~~ a~ 11 1V2i3 ~~ N OOZ "• ~ ~ ~~~ . ; ° ~~ z~v d 3 3 ~.:~~ z ~~~ ~~r~ YUIZiQ7H'H3V39 hYU'I3a AYMIaDIi-i'1YN3Ci3dNiooz ~ p . ~ a : o Gziw ~~z`~i..\ F ~': ~ ~' = ~~,:~ ~ a ? o ~ z _ ~ Yo O ,--I ~ ~~~ 9~~~~ x~.~~ ~v~~~aiv~xva~~vn~n ~ ~ aa~ ti ~E~ ~ _ ~" ~~ ~ s ~ .~ ~ ~ ~ ~o R, O ~• ~ o u ~ 0 ~ 0 ~H U~o ~ ti ~~ a---h f 1 - ~ N ! L 1 i frll a:~ I I U WS - '~ ~ ~ ~m ~ @' I- ~4 m ~ ~ : r ~ T 1 ~ W O 1 .. 0 ¢ a ~~~. Z Y ~-_ _-_ d y r % I !L N ~ ,- _ ~ ~U :x ~ aN y y _ d,' i .Y ~. ,_ , Q ----- p`=--- ~ q -- - W A d ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Mark McDonnell, AICP, Asst. Director Planning and Zoning THROUGH: David T. Harden, City Manager DATE: May 2, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MAY 6, 2008 RECONSIDERATION OF SPECIAL ACTION REQUEST/OFFICE DEPOT/CVS BUILDING ITEM BEFORE COMMISSION Reconsideration of the parking reduction request associated with the proposed Office Depot -CVS building which involves a parking reduction of 56 spaces (155 parking spaces required, 99 parking spaces provided). LDR Section 4.6.9(F)(1), allows a parking reduction by the body which acts on the attendant site plan upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use. BACKGROUND The subject property is 2.32 acres and is located on the west side of NE 6th Avenue between NE 8th Street (George Bush Boulevard) and NE 7th Street (700 NE 6th Avenue). At its meeting of February 27, 2008 the Site Plan Review and Appearance Board reviewed and approved the Class V site plan, landscape, and architectural elevations associated with the construction of a 19,000 sq. ft. Office Depot and a 13,012 sq. ft. CVS Pharmacy. The Board approved an accompanying special action request to reduce the required parking spaces by 62 spaces (from the 155 parking spaces required to the 93 parking spaces provided), based on receipt and acceptance of special documentation that demonstrated a reduced number of parking spaces would accommodate these specific uses. On March 3, 2008, the Site Plan Review and Appearance Board's action was appealed by the City Commission at the request of staff. The proposed basis of the appeal was that the action taken by the Site Plan Review and Appearance Board was inconsistent with the Comprehensive Plan and the Land Development Regulations (LDR). On March 18, 2008, the City Commission overturned the SPRAB approval of the special action request to reduce required parking, and instead gave indication to support a reduction to the parking requirement for 56 parking spaces. The City Commission also requested that the Site Plan Review and Appearance Board reconsider the special action request to reduce the parking requirement. Since the appeal by the City Commission of the special action request to reduce the required parking, the applicant has provided additional information responding to City Commission direction with respect to on-street parking, and has provided plans which show the installation of six new spaces along NE 7th Street, as well as the utilization and improvement to twenty (20) spaces which exist (although they are not delineated) on the west side of southbound Federal Highway. The City Commission also required that the exit driveway onto George Bush Boulevard be eliminated and the site plan re-approved by the SPRAB. At its meeting of Apri123, 2008 the Site Plan Review and Appearance Board, at the request of the City Commission, reconsidered and approved a special action request to reduce the required parking spaces by 56 spaces (from the 155 parking spaces required to the 99 parking spaces provided), and also re- approved the Class V site plan subject to conditions that are listed in the attached SPRAB staff report. The SPRAB Board postponed the landscape plan and architectural elevations associated with the construction of the project and gave directions to the applicant to resubmit the landscape plan, photometric plan, and architectural elevations for separate approvals. RECOMMENDATION Approve the reduction to parking spaces required pursuant to LDR Section 4.6.9 (C) (3) (a), by 56 spaces (from the 155 parking spaces required to the 99 parking spaces provided), subject to the following conditions: 1. That the property be occupied and utilized by an office supply use and a pharmacy use in accordance with the approved application for the project; 2. That a voluntary deed restriction (requiring provision of parking or relief with a change of tenant) and the on-site restriction between uses be included in the CVS and Office Depot leases; 3. That in the event one or both uses vacate the property, Centres, its successors and assigns, shall be restricted to leasing that portion of the property so vacated to a permissible use that does not require additional parking demands over and above that which is currently required; 4. That in the event that any proposed new use on the property creates a greater demand for parking than that which is currently required, Centres shall be required to submit any and all proposed new uses for review by the City to ensure that parking requirements are satisfied; 5. That in the event that a waiver is required for any proposed use, Centres shall file an application for a waiver and the City may or may not grant such waiver; 6. That the City Commission approval of the special action request to reduce required parking by 56 parking spaces is based on a prorated square footage, that 55 of the 99 spaces provided, shall be allocated to office supply use (which is a waiver of 31 spaces) and 44 spaces to the pharmacy use (which is a waiver of 25 spaces); 7. That in the event one of the uses ceases, the remaining use shall continue to operate with the spaces allocated subject to the City's waiver and any new use shall be required to comply with the City's current parking regulations, unless a waiver is granted. If both uses cease, then any new use shall be required to comply with the City's current parking regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ON A RECONSIDERATION OF THE MARCH 18, 2008 COMMISSION DECISION UPHOLDING AN APPEAL OF THE 2/27/08 SPRAB APPROVAL OF THE SPECIAL ACTION REQUESTED BY OFFICE DEPOT/CVS 1. The City Commission voted to reconsider its decision of March 18, 2008 upholding the appeal (which had the effect of denying the parking reduction) of SPRAB's February 27, 2008 approval of the special action request. Office Depot/CVS came before the City Commission on April 15 seeking a reconsideration. The City Commission agreed on April 15, 2008 that it would reconsider its decision after remanding the matter to SPRAB for review. At its April 23~d 2008 meeting SPRAB approved the revised special action to reduce the required number of parking spaces from 155 to 99. The appeal being reconsidered is scheduled for May 6th, 2008 and is now before the City Commission for a hearing on the appeal. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the special action request of Office Depot/CVS. All of the evidence is part of the record in this case. 3. Waivers: 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. 4. Parking: Pursuant to LDR Section 4.6.9(C)(3)(a), "General Commercial Uses shall provide 4.5 spaces per 1,000 square feet of gross floor area which includes retail floor area, associated warehouse and storage floor area, and employee and management facilities." The applicant desires to reduce the parking spaces at the ADDITIONAL INFORMATION FOR 1 TEM 9. D. Office Depot/CVS building located at 700 NE 6th Avenue by 56 spaces (from 155 spaces to 99 spaces (93 on site and 6 on street spaces for a total of 99), which equates to a waiver of 31 spaces for the office supply use and a waiver of 25 spaces for the pharmacy use). The proposed Office Dept building contains 19,000 square feet and the proposed CVS building contains 13,012 square feet. Pursuant to Section 4.6.9(F)(1), "Reduction allowed, when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use, the body which acts on the attendant site plan may reduce the parking requirements accordingly." Should the revised special action request to reduce the required parking spaces from 155 to 99, subject to the following conditions listed below be approved? Yes No The Property shall be occupied and utilized by an office supply use and a pharmacy use (collectively referred to herein as the "Uses") in accordance with the approved Application for the Project. In the event one or both Uses vacate the Property, Centres, its successors and assigns, shall be restricted to leasing that portion of the Property so vacated to a permissible use that does not require additional parking demands over and above that which is currently required. In the event any proposed new use on the Property creates a greater demand for parking than that which is currently required, Centres shall be required to submit any and all proposed new uses for review by the City in order to ensure that the City's parking requirements are satisfied. In the event a waiver is required for any such proposed new use, Centres shall file an application for a parking waiver to demonstrate that the parking impacts of the proposed new use have been addressed. However, it is understood that the City may or may not grant the waiver. The City Commission has agreed to waive the parking requirement for 56 parking spaces, Thus, based on prorated square footages, 55 of the 99 spaces provided, shall be allocated to office supply use( which is a waiver of 31 spaces) and 44 spaces to the pharmacy use( which is a waiver of 25 spaces). In the event one of the Uses ceases, the remaining Use shall continue to operate with 2 the spaces allocated subject to the City's waiver and any new use shall be required to comply with the City's current parking regulations, unless a waiver is granted. If both Uses cease then any new use shall be required to comply with the City's current parking regulations, unless a waiver is obtained. City shall have the right to approve, approve with conditions or deny any future proposed uses on the Property that does not meet the then current City parking requirements. The conditions referenced above shall be effective upon approval of this order. The Restrictive Covenant, including the aforementioned conditions, substantially in the form as Exhibit "A", attached hereto, and as approved by the City Attorney's office shall be recorded upon the closing of the sale of the property to Centres Delray, LLC and no building permits shall be issued until such recording. 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. 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 which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves denies the special action request, subject to the conditions listed, and hereby adopts this Order this 6th day of May, 2008, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 3 EXHIBIT "A" TO COMMISSION ORDER Return to: (enclose self-addressed stamped envelope) Name: Scott E. Backman, Esq. Address: Siegel, Lipman, Dunay, Shepard, &Miskel, LLP 5355 Town Center Road Suite 801 Boca Raton, Florida 33486 This Instrument Prepared by and return to: Scott E. Backman, Esq. Siegel, Lipman, Dunay, Shepard, &Miskel, LLP 5355 Town Center Road Suite 801 Boca Raton, Florida 33486 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants ("Covenant"), made this day of March, 2008, by Centres Delray, LLC, a Florida limited liability company, having an address of 9130 South Dadeland Boulevard, Miami, FL 33156 ("Centres"), shall be for the benefit of the City of Delray Beach, a Florida Municipal Corporation, with a post office address of 100 N.W. 1St Avenue, Delray Beach, Florida 33444 ("City"). WITNESSETH: WHEREAS, Centres is the fee simple owner of approximately 2.3 acres of land located at 700 N.E. 6th Avenue, Delray Beach, FL 33444, and more particularly described in Exhibit "A" attached hereto ("Property"); and WHEREAS, Centres made application to the City for the approval of a site plan application, which included a waiver request for a reduction in the parking requirement ("Application"); and WHEREAS, Centres intends to develop the Property with an office supply use (19,000 square foot Office Depot, which, under the City's parking requirements would 4 need to furnish 86 parking spaces) and a pharmacy use (13,012 square foot CVS Pharmacy, which, under the City's parking requirements would need to furnish 69 parking spaces) for a total of 155 spaces ("Project"); and WHEREAS, while the City's parking requirements for the Project require 155 parking spaces, Centres' Application proposes 93 on-site parking spaces and 6 off-site parking spaces for a total of 99 parking spaces for the Project; and WHEREAS, in order to satisfy concerns related to parking demands for potential future users of the Property, the City requested Centres to enter into this Covenant to govern the future utilization of the Property as described herein; and WHEREAS, Centres agrees to grant this Covenant to the City, and the City agrees to accept this Covenant in order to govern future development on the Property following final approval of the Application for the Project. NOW, THEREFORE, in consideration of the promises and covenants herein contained, Centres hereby declares that the Property specifically referenced herein shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, and regulations hereinafter set forth, all of which shall run with such property and any part thereof and which shall be binding upon all parties having any right, title or interest in such property or any part thereof, their heirs, successors and assigns. 1. Recitations. The recitations set forth above are true and correct and are incorporated into this Covenant by this reference. 2. Use Restrictions. Upon approval of the Application for the Project, use of the Property identified on Exhibit "A" shall be governed as follows: (a) The Property shall be occupied and utilized by an office supply use and a pharmacy use (collectively referred to herein as the "Uses") in accordance with the approved Application for the Project. (b) In the event one or both Uses vacate the Property, Centres, its successors and assigns, shall be restricted to leasing that portion of the Property so vacated to a permissible use that does not require additional parking demands over and above what is currently required for the Project. (c) In the event any proposed new use on the Property creates a greater demand for parking than what is currently required for the Project, Centres shall be required to submit any and all proposed new uses for 5 review by the City in order to ensure that the City's parking requirements are satisfied. In the event a waiver is required for any such proposed new use, Centres shall file an application for a parking waiver to demonstrate that the parking impacts of the proposed new use have been addressed. However, it is understood that the City may or may not grant the waiver. The City Commission has agreed to waive the parking requirement for 56 parking spaces, Thus, based on prorated square footages, 55 of the 99 spaces provided shall be allocated to the office supply use (which is a waiver of 31 spaces) and 44 spaces to the pharmacy use (which is a waiver of 25 spaces). The offsite parking spaces shall be shared equally now and if a new use is established. In the event one of the Uses ceases, the remaining Use shall continue to operate with the spaces allocated subject to the City's waiver, and any new use shall be required to comply with the City's current parking regulations unless a waiver is granted. If both Uses cease then any new use shall be required to comply with the City's current parking regulations. (d) Nothing contained herein shall in any way impact the parking rights approved for the Project with regard to either of the original Uses, providing one or both Uses continue to exist on the Property. (e) City shall have the right to approve, approve with conditions or deny any future proposed uses on the Property that does not meet the then current City parking requirements. 3. Amendments. This Covenant shall not be further modified, amended or released as to any portion of the Property except by written instrument, executed by the then owner or owners of the portion of the Property affected by such modification, amendment, or release and approved in writing by the City. The appropriate governmental authority of the City shall execute a written instrument effectuating and acknowledging such modification, amendment or release. Any amendment, modification or release of the Covenant shall be recorded in the Public Records of Palm Beach County, Florida. 4. Recordation and Effective Date. This Covenant shall be recorded in the Public Records of Palm Beach County, Florida by Centres at its sole cost and expense upon closing on the Property. The Covenant shall not become effective until the Covenant is recorded in the Public Records of Palm Beach County, Florida. 5. Severability. If any court of competent jurisdiction shall declare any section, paragraph, or part thereof invalid or unenforceable, then such judgment or 6 decree shall have no effect on the enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in full force and effect. 6. Captions, Headings and Titles. Articles and paragraph captions, headings and titles inserted throughout this Covenant are intended as a matter of convenience only and in no way shall such captions, headings or titles define, limit or in any way affect the subject matter or any of the terms and provisions thereunder of the terms and provisions of this Covenant. 7. Context. Whenever the context requires, any pronoun used herein may be deemed to mean the corresponding masculine, feminine or neuter form thereof, and the singular form of any nouns or pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa. 8. Enforcement. The City shall have all rights allowed under law to enforce this Declaration of Restrictive Covenants. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 7 IN WITNESS WHEREOF, Centres has executed this Covenant on the day first above written: WITNESSES: CENTRES (Signature) Print name: (Signature) Print name: STATE OF FLORIDA COUNTY OF SS. CENTRES DELRAY, LLC., a Florida limited liability company Print Name: Title: Address: The foregoing instrument was acknowledged before me this day of March, 2008, by , as of Centres Delray, LLC, a Florida limited liability company, freely and voluntarily on behalf of said corporation. He/She is personally known to me or has produced as identification or is known to me personally. NOTARY PUBLIC: Typed, printed or stamped name of Notary Public 8 EXHIBIT "A" LEGAL DESCRIPTION _ ~iEGEL, ~,IPMAN, ~uNAY, SHEPARD ~ ~iSKEL, LLP GARY S. pi,1NAY THE PLAZA • SU1l-E 8DE (56TY 368-7700 KENNETH W. LIPMAN 5355 TOWIU CENITEF2 ROAD FAX: (58 E) 386-9274 E3pNN[E tVfISKEL ..IONATHAN L. SHEPARI] CARL E. SIEGEL F30CA BATON. FLQFtEDA 33488 W W W. 5 E.LIS M L.AW. COM SCO'T'T' 6ACKINAN LINDA 8. LY[VEAN May 1, 2008 Ms. Chevelle Nubin city cler#c City of Delray Beach 140 N.W. 1st Avenue Delray Beach, FL 3344 Re: Commission Reconsideration of Appeal from. Site Plan Revieuv and Appearance Beard Decision -Parking Waiver for ice Depot / CVS Pharmacy Building Dear Ms Nubin: This firm represents Centres, Inc., developer of the proposed Office Depot 1 CVS located at 700 NE 6"' Avenue. As you know, this project has been presented to SPRAB and the City Commission on several prior occasions regarding a parking waiver request (uWaiver"}. I^ollowing SPRAB's original approval of the Waiver, an appeal was filed and subsequently approved by the City Commission on March 18, 2448, thereby overturning SPRAB's decision. On April 1, 2048 the City Commission voted to reconsider fine Waiver following additional review of the revised si#e plan by SPRAB. SPRAB reviewed and approved the revised site plan and parking waiver on April 23, 2048. 1=ollowing several conversations with Susan Ruby and City Punning Staff, we have agreed that the above-referenced reconsideration of the Waiver may be presented to the City Commission. Accordingly, please schedule the Waiver for reconsideration by the City Commission on the .May 6, 2408 City Commission Agenda. In the event you ve any questions or require additional information, please do not hesitate to contact me 1 } 237-1537. Cc: Susan Ruby, Esq. Mark McDonnell Estelio Breto Bonnie Miskel, Esq. George Kieffer Michael Weiner, Esq. 6ElNAY BEACH ,~~ .,~,~ 1993 200t Agent: SITE PLAN REVIEW AND APPEARANCE BOARD MEMORADUM STAFF. REPORT Project Name: Project Location: onxnra~ccw I ~ ~~ ~) 7993 2607 Heidi Belle Henderson, Sun-Tech Engineering, Inc. Office Depot and CVS Pharmacy Buildings West side of NE 6th Avenue between NE 8th Street (George Bush Boulevard) and NE 7th Street {700 NE 6th Avenue). Ww__ ~a..---~:.: _ . ~~.' ~_IT,.€.I~EEFORE TH~~.BOARD Note: Revisions are reflected in this report in boldface italics for updated information. The substance is unchanged; the revisions clarify City Commission action taken. The item before the Board is reconsideration of the C{ass V site plan, and a revised parking reduction special action request for Office Depot and CVS Pharmacy Buildings pursuant to LDR Section 2.4.5(F}, 4.6.9 (C){3}(A), Section 4.6.9(F)(1). V ~~ _ ~,. '""BAG~(G'ROUNDIA~ALYSIS Background At its meeting of February 20, 2008 the Site Plan Review and Appearance Board {SPRAB} reviewed and recommended approval of five waiver requests, and approved a special action parking reduction request, a Class V site plan, landscape plan, and architectural elevations for the Office Depot and CVS Pharmacy Buildings project. The development proposal included the construction of a 13,203 sq. ft. CVS building with adrive-thru lane on the northwest side of the property, and a 19,002 sq. ft. Office Depot building on the southeast side of the property. At its meeting of March 18, 2008, the City Commission appealed the SPRAB approval of the special action request to reduce the parking spaces required pursuant to LDR Section 4.6.9(C}(3}(A), by 62 spaces (from 155 parking spaces required to the 93 spaces provided), for the Office Depot and CVS Pharmacy buildings. Since. the appeal by the City Commission of the special action request to reduce the required parking, the applicant has provided additional information responding to City Commission direction with respect to on-street parking, and has provided plans which show the installation of six new spaces along NE 7th Street, as well as the utilization and improvement to spaces which exist (although they are not delineated) on the west side of southbound Federal Highway. The Cify Commission appealed SPRAB approval of fhe reducfion to parking spaces required pursuant fo LDR Section 4.fi.9(C)(3)(a), buf gave instructions to modify fhe reduction to 5fi spaces (from the origina162 spaces), subject to the following conditions: Meeting Date: April 23, 2aa8 Agenda Item: V.A. SPRAB Meeting Date: April 23, 2008 Office Depot and CVS Pharmacy Buildings Reconsideration of Class V Site Plan, Landscape Plan, & Architectural Elevations Page 2 '[ . That the property be occupied and utilized by an office supply use and a pharmacy use in accordance with the approved application for the project; 2. That a voluntary deed restriction (requiring provision of parking ar relief with a change of tenant) and the on-site restriction between uses be included in the CVS and Office Depot leases; 3. That in the event one or both uses vacate the property, Centres, its successors and assigns, shall be restricted to leasing that portion of the property so vacated to a permissible use that does not require additional parking demands over and above that which is currently required; 4. That in the event that any proposed new use on the property creates a greater demand far parking than that which is currently required, Centres shall be required to submit any and all proposed new uses for review by the City to ensure that parking requirements are satisfied; 5. That in the event that a waiver is required for any proposed use, Centres shall file an application for a waiver and the City may or may not grant such waiver; 6. The City Commission appealed the SPRAB approval of fhe special action request fo reduce required parking, and instead supported a reduction to fhe parking requirement for 56 parking spaces, based on a prorated square footage, fhaf 55 of the 99 spaces provided, shall be allocafed fo office supply use (which is a waiver of 31 spaces) and 44 spaces to the pharmacy use (which is a waiver of 25 spacesj; 7. That in the event one of the uses ceases, the remaining use shall continue to operate with the spaces allocated subject to the City's waiver and any new use shall be required to comply with the City's current parking regulations, unless a waiver is granted. If both uses cease, then any new use shall be required to comply with the City's current parking regulations. The City Commission also had a concern with regard to the increase traffic congestion that the drive-way exit located along the north property line will generate along George Bush Boulevard. The Commission requested the elimination of the drive-way exit and conditioned the project to revise the development proposal and obtain site plan modification approval from the Site Plan Review and Appearance Board (SPRAB). Site Plan: The applicant has submi#ted revised plans to address the City Commission's concerns. The following changes to the site plan have been proposed: • The applicant has eliminated the exit-only driveway located along NE 8~h street (aka George Bush Boulevard); ~SPRAl3 Meeting Date: April 23, 2008 Office Depot and CVS Pharmacy Buildings Reconsideration of Class V Site Pfan, Landscape Plan, & Architectural Elevations Page 3 • The drive-thru lane for the CVS building has been redesigned to include an on-site turn- around that complies with the Fire Department requirements, and thus, provides adequate turning radii; • The CVS Building loading bay and dumpster have been relocated with the new design of the CVS drive-thru lane and can now be accessed more adequately; • The proposed Office Depot building dumpster has been replaced with a trash compactor; • Seven parallel parking spaces with landscape nodes have been provided along NE 7fn Street and twenty (20~ parallel parking spaces with landscape nodes have provided along the west side of NE 5 n Avenue. Additional background and a complete analysis of the original development proposal is found in the attached SPRAB report. Conclusion The development proposal will be consistent with Chapter 3 of the Land Development Regulations provided the conditions of approval are addressed. The conditions of approval from the original staff report are included in staffs recommendation referenced below. =~ ~ R~~QMiltlEND/~Tt~~._--_____...~_'~_"' - .= ~._ ~. ~. ,~ -- By Separate Motions: Special Action Req„pest: Move approval of the reduction to parking spaces required pursuant to LDR Section 4.6.9 (C) (3} (a), by 56 spaces (from the 155 parking spaces required to the 99 parking spaces provided), based on LDR Section 4.6.9(F)(1), which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use, subject to the following conditions: The applicant shall provide on-street parking along NE 7tn Street and NE Stn Avenue in coordination with the City Engineer and Planning Department; 2. That the property be occupied and utilized by an office supply use and a pharmacy use in accordance with the approved application for the project; 3. That a voluntary deed restriction (requiring provision of parking or reliefi with a change of tenant} and the on-site restriction between uses be included in the CVS and Office Depot leases and this be reviewed and approved for legal sufficiency by the City Attorney's office, and subsequently recorded in the Land Records of Palm Beach County; 4. That in the event one or both uses vacate the property, Centres, its successors and assigns, shall be restricted to leasing that portion of the property so vacated to a permissible use that does not require additional parking demands over and above that which is currently required; ,~SPRri18 Meeting Date: April 23, 2008 Office Depot and CVS Pharmacy Buildings Reconsideration of Class V Site Plan, Landscape Plan, & Architec#ural EIBVatiOnS Page 4 5. That in the event that any proposed new use on the property creates a grater demand for parking than that which is currently required, Centres shall be required to submit any and all proposed new uses for review by the City to ensure that parking requirements are satisfied; 6. The City Commission discussion included the instruction to reduce the parking requirement for 56 parking spaces, based on a prorated square footage, that 55 of the 99 spaces provided, shall be allocated to office supply use (which is a waiver of 31 spaces) and 44 spaces to the pharmacy use (which is a waiver of 25 spaces). This shall be noted in the site plan; 7. That in the event one of the uses ceases, the remaining use shall continue to operate with the spaces allocated subject to the SPRAB special action request, and any new use shall be required to comply with the City's current parking regulations, unless a waiver is granted. If both uses cease then any new use shall be required to comply with the City's current parking regulations. Site Plan: Move approval of the Class V site plan for Office Depot and CVS Building, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent wi#h the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That four {4} copies of the revised plans are submitted addressing all conditions of approval as indicated in the staff report; 2. That a seven {7} foot R-O-W dedication along NE 8th Street be depicted on the site plan and executed along with the platting process; 3. That a plat is processed and recorded prior to issuance of a building permit; 4. That the City Engineer shall set the cost of improvements and beautification obligations on Federal Highway and the applicant shall comply with this requirement before issuance of a building permit; 5. That in the event that a waiver is required for any proposed use, Centres shall file an application for a waiver and the City may ar may not grant such waiver; 6. That the photometric plan be revised in coordination with City staff to comply with the LDR requirements for site lighting; 7. That a ffty foot (50'} special building setback along George Bush Boulevard shall be provided from the centerline and be depicted on the site plan and engineering plans; 8. That a contribution of $22,000 is paid prior to certification of the project for the installation of two Palm Tran bus stop shelters {one on each, NE 5th Avenue and NE 6'h Avenue); 9. That the sidewalk from NE 6th Avenue on the south side at the corner of the proposed building line up with the sidewalk going out to the west side of the property, and that the parking get shifted accordingly to provide ADA accessibility; ., SPRAT Meeting Date: April 23, 2008 Office Depot and CVS Pharmacy Buildings Reconsideration of Class V Site Plan, Landscape Plan, & Architectural Elevations Page 5 10. That the portion of the proposed decorative wall adjacent to the generator and the loading zone be a minimum of six {6) feet in height; 11. That the site plan, landscape plan, and civil engineering plans all be consistent; 12. That the generator be adequately screened and relocated; and 13. That a complete photometric plan be brought back to the Board for approval. 14. That the elevations come back to the Board for additional review with the following recommendations: a. That an additional window element be added to the south side of the drive thru in the available wall panel; and b. That the architect{s} study the site elevations and try to make the buildings more compatible as a whole in its design (to soften it aesthetically). Staff Report Prepared by: Esfelio Breto, Senior Planner Atfachmenf: Site Plan Sfaff Report Dated February 20, 2008 n~cuerrsw Ki ~~b.w.w,»... ~.x >. ai .m>bm. ~r N'dld 31]$ ~ !ldisvm~Nx JxrtJ, WNWa,.d wmo~ anx.w x33u[s-an ngh~/c W ~ ~ O O ~ ~ h ~ ~ z F 5~ sip) ~U~ eb.ax wlrG~ K~v~ ~ N 9 Dui `8u aau A~~ug u ~-~S ,~ ~~~.~ ~ ?` o ~ ~ ~ o o ~ ~ 6 ~,,,,n >< SAbllbd34 3bidd0 ~ ¢ a ~~ R ~ g ~ e .~ ~~ a ~~~ ~~ ~~ r I i I ~ ~ -a~sg, _ say rf : _ _~ a'.- '- ,j k ~ ~,, ~ et ' _~ :gam,,.. r ~" ' ` ~ ~ 3 a g ~; ~ a q x `; ~' 2 +f , ~ . ~ 4 ~ ______ dg ly ~4' a a - ------1_- .€- 7~ ~ ~ i11~ r~ r ~~~yyg ~~~ r~ t ;, ~u ~~ t1~~1 get ffff ,mod $~ `' ~~ ~~g ~;~ .~~ r r 1.~ ,~ t f1'f'~ ~ ~ r ~~ 1 ~j 2~ e~P y. re ~ s - x j o 3~ B~a~ x .^ a ~ ~ a 8 ~ !~ ~ r5a a~ r p, -O~ r+I ~! i i gg a$$~~ e n 1'~~ g ~ f ~ f i s IIII! B I ~ ~ie~3$ J1'' ~r ~" ~ y .K i0! I '~`~ ~ ~ y`, I, 1~~_~,ie ~~, r^, ~ II~~ 1 ^~ ~ n ~~ .r rj ¢x, ~ a ~ ~ ~° ~ x `~ ~~ ~N UM °wW ~ a¢ 4 O -- --- € g~ O _ rf~ .. ~ e :. o a--_ 14 I ~ ..--f it ~8 i~.~ -----i ~ C ~ R'. I Ij ~ al { il ~ ' ~° ~'~~ ~ i~ i~~~1 ~ ~ ~ i ~a ~ ~~ ~ ~ ~:. i~~lr~ i~ Ir ~ ~ ~~ ~ - --s-ti" i ~~ ^ ~ -~ t i i ~~w T ~a t ~ ~ ~~ 1~ } ~ ~ ~ ~ m ~ s~~ ~ II i "aaa~ ~~ e ~ i I ' ~ ~ ~ i ~ ~. I?111.~ i r Ij ~ ~ f ~ ,' ~9 l ~ l + x ~f, N ~~ J ~ ~ a ~ ~ ~ ;~ r.,,, 11 gf €Y~~ ~ ~ ,, , ~ ® G ~ ~ z 1 ~'= ~~ ~ ~~ ~ 3~ ~ I I SI hf t S+ 11 3 ii ', j ~ ~-r ~ ~ ~ p~ ~F- f ells l~ gIf ii~~ i ~ I ^~ ~ ~ I ~~ ~ ~ ~3 r ii ~ @ ~' a ! f~ I e i~ ` ~~ } 1,01 II I~~ - _.,' :::.......'-: ~..~'~.:~'.-,.:.;:,:°€'~: -'..:. _ .~_., - . - + ~ ~ " i-- , i -~~'' . a ~ N ~`a 1332115 itlL ~ ~~ _ ~ ~ ~ , ~ o ~1 i l - ' _ -. _ '--- _- _»-. __ _F __ -: ~ -- 1 ~ 1 ~ . r ~ a~ i !Iq-. zw~\, - _ ~ i~ ~, ~ `- --- '} ~~ ~ ~ w _ ' ~ '~ ~, - .fix i ~~ ~ i~x i ~~. ., , ; _ ~i ~~ i ~ ~ ~~$ I ~~~~. a~ ~ ~~~~~ i. p°' ~i ~~"~ ~~~-- ~ '~ li~.~ ~ ~ it ; I~ ~I I i ~ le~ li~~~ } g! ~~ Il S~3 1'I i i '.,l '~s~ i 1~ ~~. ' °~ ` ~ Ix ;~ a~~,- ~i 7 I ., i ~- j _ ~ . •. `,1 .7 ~ ~~ ' ~ .- MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Mark McDonnell, Asst. Director of Planning and Zoning THROUGH: City Manager DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MAY 6, 2008 WAIVER REQUEST/OFFICE DEPOT/CVS PHARMACY BUILDING DEVELOPMENT PROPOSAL ITEM BEFORE COMMISSION Consideration of three (3) waivers, one to reduce the required visibility triangle on the south side of the intersection of the driveway to NE 5~' Avenue from 20' to 15'; and the other two, to reduce the required visibility triangles at the intersection of N.E. 5~' Avenue and N.E. 8~' Street and at the intersection of N.E. Gtr' Avenue and N.E. 7~' Street from 40' to 30'. BACKGROUND Waiver Requests LDR Section 2.4.7(B~(5) Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting 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. The applicant is requesting reduction in the sight visibility triangle for the south side (left) of the driveway entry to N.E. 5th Ave. Since traffic flows from the north (southbound) on this one-way section of NE 5th Ave. (Federal Highway), the reduction of the sight visibility triangle on the south side (left) will not create an unsafe vehicular traffic situation. Granting the requested waiver will not have an adverse affect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. Similar waivers have been approved for other projects in the CBD District, such as, Renaissance Village, Cityscape, and Pineapple Grove Village. This waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) (a) thru (d) can be made. Pursuant to LDR Section 4.6.14(A)(2), a 40' sight triangle is required at the intersection of N.E. 5th Avenue and N.E 8th Street and at the intersection of NE 6th Avenue and NE 7th Street. The applicant has requested a waiver to reduce the required visibility triangles at these intersections from 40' to 30'. The following is an analysis of these waiver requests: In each case, the areas that require the requested waivers are not needed to check for oncoming traffic, since traffic flows one-way from the opposite direction. As no traffic will be approaching from each of these directions relief would appear appropriate and supportable. Therefore, granting the requested waiver will not have an adverse affect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. Similar waivers have been approved for other projects in the CBD District, such as, 5th Avenue Flats, Cityscape, and Atlantic Shores. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) (a) thru (d) can be made. REVIEW BY OTHERS The Site Plan Review and Appearance Board (SPRAB) reviewed the waiver requests at their meeting of February 27, 2008 in conjunction with review of the Office Depot and CVS Pharmacy development. After a brief discussion, the Board moved a recommendation of approval of each of the waivers on a unanimous vote of 4-0. A detailed description and analysis of the proposal is contained within the attached SPRAB staff report of February 27, 2008. RECOMMENDATION By separate motions: Move approval of the waiver requests to LDR Section 4.6.14 (A)(1) to reduce the required twenty foot (20') sight visibility triangle to fifteen (15') at the intersection of N.E. 5th Avenue and the western most ingress and egress driveway of the site, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). Move approval of the waiver request to LDR Section 4.6.14 (A)(2) to reduce the required forty foot (40') sight visibility triangle to thirty feet (30') at the intersection of N.E. 5~' Avenue and N.E. 8~' Street and the intersection of NE 6~' Avenue and NE 7~' Street, respectively, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7 (B) (5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR OFFICE DEPOT/CVS DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests, to reduce the visibility triangle in one location from 20' to 15 `and in two other locations from 40' to 30', have come before the City Commission on May 6, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Office Depot/CVS Development Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 4.6.14(A)(1), a twenty foot (20') sight visibility triangle shall be provided where an accessway intersects a public right-of-way. The Applicant seeks a waiver to reduce the site visibility triangle to fifteen feet (15') at the intersection of N.E. 5th Avenue and the western most ingress and egress driveway of the site Pursuant to LDR Section 4.6.14(A)(2), a forty foot (40') sight visibility triangle shall be provided where 2 or more public rights-of-way intersect. The Applicant seeks two waivers to reduce the site visibility triangle to thirty feet (30') at the intersection of N.E. 5th Avenue and N.E. 8th Street and at the intersection of N.E. 6th Avenue and N.E. 7th Street. 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. Would the waiver of Section 4.6.14(A)(1) to reduce the site visibility triangle to 15' at the N.E. 5th Avenue intersection comply with the requirements of 2.4.7(8)(5)? Yes No Would the waiver of Section 4.6.14(A)(2) to reduce the site visibility triangle to 30' at the N.E. 5th Avenue and N.E. 8th Street intersection comply with the requirements of 2.4.7(8)(5)? 1 Yes No Would the waiver of Section 4.6.14(A)(2) to reduce the site visibility triangle to 30' at the N.E. 6t" Avenue and N.E. 7t" Street intersection comply with 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. 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. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.6.14.(A)(1) N.E. 5t" Avenue to 15' 4.6.14(A)(2) NE 5t" Ave/NE 8t" St. to 30' 4.6.14(A)(2) NE 6t" Ave/NE 8t" St. to 30' 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6t" day of May, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 n~cuerrsw Ki ~~b.w.w,»... ~.x >. ai .m>bm. ~r N'dld 31]$ ~ !ldisvm~Nx JxrtJ, WNWa,.d wmo~ anx.w x33u[s-an ngh~/c W ~ ~ O O ~ ~ h ~ ~ z F 5~ sip) ~U~ eb.ax wlrG~ K~v~ ~ N 9 Dui `8u aau A~~ug u ~-~S ,~ ~~~.~ ~ ?` o ~ ~ ~ o o ~ ~ 6 ~,,,,n >< SAbllbd34 3bidd0 ~ ¢ a ~~ R ~ g ~ e .~ ~~ a ~~~ ~~ ~~ r I i I ~ ~ -a~sg, _ say rf : _ _~ a'.- '- ,j k ~ ~,, ~ et ' _~ :gam,,.. r ~" ' ` ~ ~ 3 a g ~; ~ a q x `; ~' 2 +f , ~ . ~ 4 ~ ______ dg ly ~4' a a - ------1_- .€- 7~ ~ ~ i11~ r~ r ~~~yyg ~~~ r~ t ;, ~u ~~ t1~~1 get ffff ,mod $~ `' ~~ ~~g ~;~ .~~ r r 1.~ ,~ t f1'f'~ ~ ~ r ~~ 1 ~j 2~ e~P y. re ~ s - x j o 3~ B~a~ x .^ a ~ ~ a 8 ~ !~ ~ r5a a~ r p, -O~ r+I ~! i i gg a$$~~ e n 1'~~ g ~ f ~ f i s IIII! B I ~ ~ie~3$ J1'' ~r ~" ~ y .K i0! I '~`~ ~ ~ y`, I, 1~~_~,ie ~~, r^, ~ II~~ 1 ^~ ~ n ~~ .r rj ¢x, ~ a ~ ~ ~° ~ x `~ ~~ ~N UM °wW ~ a¢ 4 O -- --- € g~ O _ rf~ .. ~ e :. o a--_ 14 I ~ ..--f it ~8 i~.~ -----i ~ C ~ R'. I Ij ~ al { il ~ ' ~° ~'~~ ~ i~ i~~~1 ~ ~ ~ i ~a ~ ~~ ~ ~ ~:. i~~lr~ i~ Ir ~ ~ ~~ ~ - --s-ti" i ~~ ^ ~ -~ t i i ~~w T ~a t ~ ~ ~~ 1~ } ~ ~ ~ ~ m ~ s~~ ~ II i "aaa~ ~~ e ~ i I ' ~ ~ ~ i ~ ~. I?111.~ i r Ij ~ ~ f ~ ,' ~9 l ~ l + x ~f, N ~~ J ~ ~ a ~ ~ ~ ;~ r.,,, 11 gf €Y~~ ~ ~ ,, , ~ ® G ~ ~ z 1 ~'= ~~ ~ ~~ ~ 3~ ~ I I SI hf t S+ 11 3 ii ', j ~ ~-r ~ ~ ~ p~ ~F- f ells l~ gIf ii~~ i ~ I ^~ ~ ~ I ~~ ~ ~ ~3 r ii ~ @ ~' a ! f~ I e i~ ` ~~ } 1,01 II I~~ - _.,' :::.......'-: ~..~'~.:~'.-,.:.;:,:°€'~: -'..:. _ .~_., - . - + ~ ~ " i-- , i -~~'' . a ~ N ~`a 1332115 itlL ~ ~~ _ ~ ~ ~ , ~ o ~1 i l - ' _ -. _ '--- _- _»-. __ _F __ -: ~ -- 1 ~ 1 ~ . r ~ a~ i !Iq-. zw~\, - _ ~ i~ ~, ~ `- --- '} ~~ ~ ~ w _ ' ~ '~ ~, - .fix i ~~ ~ i~x i ~~. ., , ; _ ~i ~~ i ~ ~ ~~$ I ~~~~. a~ ~ ~~~~~ i. p°' ~i ~~"~ ~~~-- ~ '~ li~.~ ~ ~ it ; I~ ~I I i ~ le~ li~~~ } g! ~~ Il S~3 1'I i i '.,l '~s~ i 1~ ~~. ' °~ ` ~ Ix ;~ a~~,- ~i 7 I ., i ~- j _ ~ . •. `,1 .7 ~ ~~ ' ~ .- MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Asst. City Engineer Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri125, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF MAY 6, 2008 OLD SCHOOL SQUARE PARK EXPANSION PHASE ONE MASTER SITE PLAN ITEM BEFORE COMMISSION This item is before Commission to hear a presentation from Glatting Jackson Kercher Anglin Inc. on the Old School Square Park Expansion Phase One Master Site Plan and to consider approval to proceed with design. This presentation will also include comments generated by the Old School Square Board. BACKGROUND The purpose of this project is to provide an integrated design for the existing Old School Square site and the new downtown park which is together referred to as the Old School Square Cultural Arts Center. The Old School Square Park Phase One project includes two phases of work by Glatting Jackson. Glatting Jackson's first phase includes creation and refinement of programming and proposed features for the grounds and expanded site of Old School Square as presented by the preliminary master plan. Their second phase will include development of construction documents for the Phase One Park Project based on parameters and planning elements established in Glatting Jackson's first phase work. REVIEW BY OTHERS The Old School Square Board heard a presentation regarding the proposal for Phase I park development at their meeting of April 22, 2008. They are recommending approval of phase I for design and construction with the provision that pavilions proposed adjacent to the south wall of the parking garage be deleted and all four information kiosks proposed for the project be included in the first phase. They also recommend that they be directly involved in the development of planned improvements for future phases of the park. FUNDING SOURCE Funding for design and construction of phase I of the park improvements is from account #334-4151- 572-63.59, Old School Square Park. RECOMMENDATION Staff recommends approval for Glatting Jackson Kercher Anglin Inc. to proceed with design of the Old School Square Park Expansion Phase One based on the proposed master site plan as recommended by the Old School Square Board. ~, i a E, '' ~~~t;,,~ r ~~~~, ~ • ~, ~ ! . ~ ~ ~!,~ 1 -~~ .,~ ~~ 1 ri ~ ' \~ ~ ~ ~~ ~ ~~}! #~ _ ~' "`~ ~ k t ~ ~ ~ ~. !',~ ~,`. ,~ f i ~ ~ ~~ t ~~ ~~ ~ . 61 ~~ !~.. r. ~* -~t _. LLJ I 1 = Q G3~ J ~ p ~ ~ o W r-- r.q __lz Z N H Cn ! ~ Q 2 !~ ~- ~ ~~ o yL~` " -~ W -~- [''~ ~ ~{ ~ z ~ o ~ W ' ~ ~ 33 91ti= ~ O ~ T y ~"~k~ :;... _ U ~ ~ .. 3 C N d~ N ~ m N a.+ ~ J ~ ' N = O m N D1 ~ Q) m r 1 ~ om 'a 'a ~ ... ~ N ~ .C O L ~ _ ~ C ~ .~ U .;.:.. i .' m V Q m - m ._. w m ~ C m ~ a~ m f0 N N N .C U L L 1.1 N '~ J ~ L d w C U ~ m ~ m O N ~/' P' ~~ O T , ~ ~ 3 ti m 3~ o . .. U '3 N 3 0~ ~ w d °~ t v c , Q,~~ ~ 'atii i K .w*ti {~ ~~ yy _ ~ ~~! ~4 a ~~.~ ~ ix ;, w' ~ r: ~r <s ~ ~ ~" _. w ~ ,:i, ,~;, !• ~ U U m ~ p m C fC ? U C N V ~ Y l V ` i. 4 id. ,~ ' ~#;; .. is .... ~ m '~ rn c <a O U U Q ~ m K M~ a r. fn m« -6 m d~~ ~ O ~ •a C 2 j ~ NV ~~ C~ ~ ~c ~ ~ I' ~; ~ ~ N O lL <O m fn t0 m ~ Z F J U d w ~ }' 'r~l '~~.~t ~~ ~~ z , v .~~.r L ~'~ ~}:. ~~'i L.:~ 1_. ~{ Y; ;F ~~ i o 0 N Q '1 ~" z Y ~ ', U' ,YQ i ~ V icy f r c ~stirr~at~ of proba~~e cor~~tructior~ oo~t~ F~ ~ ~°/0 ®t~~n ~n~ $379,239 Old School Square, Inc. Quarterly Board Meeting Board of Directors Tuesday, Apri122, 2008 (From the Meeting Minutes) III. Presentations ii. City Park -Vote requested: Give direction for City Commission. Bill Branning recommended preceding with Phase I, provided that plan is revised to eliminate the pavilions next to the Garage and include all four info kiosks into Phase I for proper signage/ identification. Old School Square also requested more involvement in the design and implementation and revisions to the entire Master Plan for the Park. Scott Porten seconded motion, all in favor. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 2, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF MAY 6, 2008 RESOLUTION NO. 16-08/MID YEAR BUDGET AMENDMENT ITEM BEFORE COMMISSION The item before Commission is consideration of Resolution 16-08 (mid-year budget amendment). BACKGROUND Resolution 16-08 provides for the mid-year budget amendment for Fiscal Year 07-08. A summary of General Fund revenues and a narrative describing the mid-year budget amendment are attached for your information. RECOMMENDATION Recommend approval of Resolution 16-08 amending budget appropriations for fiscal year 07-08. RESOLUTION N0.16-08 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 55-07 ADOPTED SEPTEMBER 18, 2007, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2007/2008, SY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2007/2008; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, SE IT RESOLVED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 55-07 adopted by the City Commission of the City of Delray Beach, Florida, on September 18, 2007, is hereby repealed and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit A ,are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1St day of October, 2007, and ending the 30th day of September, 2008, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1St day of October, 2007, and ending the 30th day of September, 2008. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 2007, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and maybe used for the payment of the appropriations which maybe made in any appropriation for the fiscal year commencing the 1St day of October, 2007. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1St day of October, 2007. Section 4. That no deparhnerlt, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained If such deparhnerlt, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, maybe deemed guilty of neglect of official duty and maybe subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Suer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any departrr~ent, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expei~ses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 4, 2007, and September 18, 2007. Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 6th day of May, 2008. MAYO R ATTEST: City Clerk RES. NO.16-08 EXHIBIT A (As Amended) BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2007-2008 General Fund DOWNTOWN SPECIAL Amended DEVELOPMENT ENTERPRISE REVENUE FY 07/08 FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 1,863,996 15,427,197 1,119,580 18,410,773 ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES 6.1449 51,620,570 0 0 51,620,570 AD VALOREM TAXES 0.4334 3,588,430 0 0 3,588,430 AD VALOREM-DELINQUENT 72,000 0 0 72,000 AD VALOREM - DDA 0.8855 0 519,160 0 0 519,160 Sales & Use Taxes 1,452,000 0 0 1,452,000 Franchise Taxes 5,637,250 0 0 5,637,250 Utility Taxes 4,369,000 0 0 4,369,000 Other Taxes 3,900,000 0 0 3,900,000 Licenses & Permits 4,660,170 0 0 4,660,170 Intergovernmental 7,286,704 626,150 5,906,260 13,819,114 Charges for Services 7,009,770 41,892,890 0 48,902,660 Fines & Forfeitures 844,400 0 73,000 917,400 Miscellaneous Revenues 14,511,206 1,500 912,290 413,813 15,838,809 Other Financing Sources 2,939,940 97,000 1,012,780 4,049,720 TOTAL REVENUES AND OTHER FINANCING SOURCES 107,891,440 520,660 43,528,330 7,405,853 159,346,283 TOTAL ESTIMATED REVENUES AND BALANCES 109,755,436 520,660 58,955,527 8,525,433 177,757,056 EXPENDITURES/EXPENSES: General Government Services 11,904,265 0 0 11,904,265 Public Safety 53,721,529 0 73,000 53,794,529 Physical Environment 584,998 41,675,680 0 42,260,678 Transportation 10,076,267 0 0 10,076,267 Economic Environment 8,865,890 520,270 0 4,029,523 13,415,683 Human Services 55,000 0 769,010 824,010 Culture & Recreation 14,075,471 3,793,700 1,570,712 19,439,883 Debt Service 5,132,080 7,200,570 0 12,332,650 Other Financing Uses 5,276,380 5,384,140 0 10,660,520 TOTAL EXPENDITURES/EXPENSES 109,691,880 520,270 58,054,090 6,442,245 174,708,485 Reserves 63,556 390 901,437 2,083,188 3,048,571 TOTAL EXPENDITURES AND RESERVES 109,755,436 520,660 58,955,527 8,525,433 177,757,056 GENERAL FUND REVENUES The General Fund Budget as of the six month period ending March 31, 2006 totaled ,$101,725,141. Adjustments of ,$8,030,295 were made for an amended total of ,$109, 755, 436. Surplus Brought Forward -This category will increase $698,545 due to prior Commission approval for funding the Licastri property ($673,545) and for a PBCO planning study ($25,000) that was budgeted but not expensed in a prior year. Ad Valorem Tax Revenue The City can expect a surplus of $755,050. This is based on expected surplus balances of $749,050 for current ad valorem taxes and delinquent taxes totaling $6,000. The calculation for the projected current ad valorem revenue is based on the preliminary taxable value. The projection for current ad valorem taxes will be adjusted once the final assessment has been received. Sales and Use Taxes A shortfall of $100,000 is expected at fiscal year end based on optional gas tax revenues coming in less than anticipated. Franchise Taxes The City can expect a shortfall of $602,000 at fiscal year end due to an expected shortfall in franchise fees based on electric ($569,000) and on gas ($33,000). Utility Taxes A shortfall of $395,000 is anticipated due to utility taxes based on FPL coming in less than anticipated. Other Taxes The City can anticipate being at budget at fiscal year end. Licenses The City can expect to be at budget at fiscal year end. Permit Revenues The City can expect a surplus of $5,000 at fiscal year end. This is due to expected surplus balances in paving permits ($10,000) and tenant/landlord permit revenues ($5,000) offset by an estimated shortfall balance in shutter permits ($10,000). Intergovernmental Revenues The City can anticipate a shortfall of $575,766 at fiscal year end. This is due to an anticipated shortfall in state revenue sharing ($295,000), state sales taxes ($475,000), and Children Service Council Grant ($5) offset by an estimated increase in the Urban and Community Forestry Grant ($10,580), State Homeland Grant ($15,926), FEMA Mutual Aid -Administrative Cost ($48,050), Highway Safety Grant ($58,000), Hazard Mitigation Grant ($3,763), Palm Beach County EMS Grant ($6,340), State FDOT Grant ($27,720), and Palm Beach County Grant ($23,860). The State revenue sources have been impacted greatly by a sluggish economy and a downturn in the housing market. Charges for Services The City can expect a shortfall of $203,870 at fiscal year end. This is primarily due to expected shortfalls in zoning fees ($9,600), site plan approval fees ($14,810), conditional use ($3,030), recovery of advertising costs ($1,450), non-taxable maps and publications ($1,250), taxable items ($500), miscellaneous land use application fees ($15,030), certification/copy fees ($17,000), copies/development and inspection fees ($500), fire safety plan review fees ($35,000), project inspection fees ($10,000), parking fees ($370,000), aquatics ($1,000), recreation facility rental/Pompey Park ($4,000), recreation facility rental/Teen Center ($1,100), and tennis memberships ($7,000). This is offset by expected surplus balances in beach overlays ($5,840), other general government charges ($12,000), fire services ($1,900), police security services ($174,180), Command Security Corp revenues ($2,480), police security services ($13,000), recreational ID cards ($10,000) and tennis lesson sales ($40,000). It is important to note that 1.) collections relative to zoning are low and, therefore, the City can expect lower building collections in the future and 2.) tennis sales has an offset on the expense side. Fines and Forfeitures The City can expect a shortfall of $158,300 at fiscal year end due to estimated shortfalls in general fines ($120,000), handicap tickets ($30,000), parking tickets ($10,000), $12.50 traffic fines ($10,000), collection agency revenue ($7,500), police education ($9,300), false alarm fees PD ($8,000), late fees parking ($36,000), penalties for no building permits ($6,000) offset by an expected surplus in school crossing guard fees ($2,000), civil violations ($75,000), alarm fines -Fire ($1,500). The Finance Department will be working again with Palm Beach County to determine why general fines are continually lower than expected. Interfund Transfers The City can expect to be at budget a surplus of $50,000 at fiscal year end due to a repayment of an advance to the Library. Contribution from Other Funds The City can expect to be at budget at fiscal year end. Recovery of Administrative Costs The City can expect to be at budget at fiscal year end. Miscellaneous Revenue The City can expect a surplus of $8,556,636 at fiscal year end primarily due to a surplus in donated property ($749,250 for crash diagramming software, $109,750 for the donation of the Hunt House from the Delray Beach Historical Society and $8,250,000 for the conveyance of the Block 69 Federspiel Garage), CRA- shuttle services ($35,505), CRA contributions ($4,150), CRA planning services ($5,500), CRA in-house project management services ($3,750), CRA Clean and Safe ($3,680), and recovery of prior year expense ($33,551) offset by estimated shortfalls in interest earnings ($630,000) and vending revenues ($8,500). Mid Year Budget Amendment Fiscal Year 2007-2008 General Fund Exvenditures The General Fund expenditures total $55,823,268 or 50.8% of the proposed amended budget of $109,755,436. The departmental adjustments overall total $8,030,295. A brief justification of departmental adjustments is as follows: General Government Services This category includes the legislative and administrative departments of the City and the miscellaneous division. The increase in General Government expenditures totals $1,221,266. The City Commission's budget is increasing $20,429 for goal setting sessions ($5,000), a Citizen National Survey ($3,000), travel and training ($1,500), salaries ($1,472) and budgeting a Palm Beach County Grant agreement ($10,000) which has a revenue offset. The City Manager's budget is decreasing $5,384 mainly as a result of reductions in the salary and health insurance accounts. The Human Resources' Department's decrease of $1,651, Finance Administration's decrease of $5,201, City Attorney's decrease of $1,651, and IT's decrease of $3,055 are all due to decreases in the health insurance accounts. The Public Information Department's decrease of $30,335 is due mainly to the vacant position of Public Information Officer. The City Clerk's Department decrease of $33,201 is due mainly to the vacant Deputy City Clerk position and smaller anticipated decreases in postage and delivery of election equipment. Administrative Services Divisions' request of $10,103 covers $19,792 for software and computer equipment for cellular service and decreases in the health insurance ($1,189), postage ($150), electricity ($1,500), irrigation water ($3,000) and waste collection and disposal ($3,700). The Clean & Safe division will decrease $6,814 in the health insurance, overtime and gardening supplies accounts. The Planning and Zoning Department is reducing their budget by $48,546. The reductions in the salary and benefit accounts amount to $120,426 and are due mainly to vacant positions. There are also requests for $44,700 in professional services account for the Marina Historic District Survey and the City's share of historic markers and a request for $25,000 in the other contractual services account for the Palm Beach County study performed for US1 Corridor/Governmental Center. The decrease in the Engineering budget of $1,899 is in the health insurance accounts. The decrease in the Public Works Building Maintenance division of $1,628 is also in the health insurance account The miscellaneous expenses in the general government services function is increasing $1,330,099 with the purchase of the Licastri property ($673,545), recording the conveyance of the Federspiel garage ($546,804 which is the land value only and the value of the garage/structure is included in the transportation category) and the donation of the Hunt House from the DB Historical Society ($109,750). All of these items have revenue offsets. Cultural and Recreation This category includes the Parks and Recreation Department, the Old School Square Grant and Library and miscellaneous cultural and recreational grants. The decrease in this category is $295,761. The Parks and Recreation Department's decrease of $317,261 is due mainly to vacant and frozen positions in the department ($234,142). The remainder of the decrease comes from various water and irrigation accounts ($55,000) and adjustments to the health insurance accounts ($25,136). Mid Year Budget Amendment Fiscal Year 2007-2008 The Tennis Operations Department's net increase of $21,500 is due mainly to increased costs for contracted services ($32,000), insurance ($3,000), building maintenance ($3,500) and general operating supplies ($3,000). This is partially offset by reductions in the Tennis Tournament ($12,000), Chris Evert ($6,500) and Court Maintenance ($2,180) accounts. Public Safet This category includes the Police and Fire Departments and Community Improvement. The Department budgets in this category represent 49% of the general fund budget total. The increase in the Public Safety budget category equals $516,819. The Police Department's budget is 51.2% expended at 50% budget period lapsed. The total Police budget will increase $740,516. The bulk of the anticipated shortfalls are in Police Operations Bureau salaries ($175,830) for implementation and use of a new step plan as well as adjustments to Lieutenant salaries and software ($749,250) to record a donation of crash diagramming software from Visual Statement Inc for which there is a revenue offset. The reductions in the Police Department are in the Police Support Bureau salary accounts due to vacant positions ($125,562), health insurance adjustments ($62,761) and a credit for equipment maintenance ($10,000). The Fire Department's budget decrease of $108,303 includes $170,791 from vacant positions, $20,000 in overtime and $41,146 in health insurance adjustment reductions. Expenses include $35,024 to cover employees who opted for unanticipated sick leave buy out, a salary adjustment of $8,344 and $80,266 in rolled forward grant expenses which have revenue offsets. The Community Improvement budget shows a decrease of $115,394 due to health insurance reductions ($11,605) and vacant and frozen positions ($103,789). Physical Environment This category consists of Public Works Administration and the Cemetery, reflects a decrease of $6,492. This includes $1,492 health insurance adjustment and a $5,000 reduction in irrigation water projection for the cemetery. Transportation This category includes the Public Works Department. The department has four divisions, Streets, Traffic Operations, Parking, and Street Lighting. There is net departmental increase of $7,758,365. A $19,771 decrease for the Streets Maintenance division is due to a frozen position ($17,329) and health insurance adjustment ($2,442). The reductions from health insurance adjustments in the Traffic Operations and Street Lighting divisions are $1,356 and $271, respectively. The Parking Facilities division is increasing $7,758,365 due to an increase in the Downtown Shuttle Service ($55,440) and recording the conveyance of the Federspiel Garage ($7,703,196 which is the value of the garage/structure and the value of the land is included in the general government category), both of which have revenue offsets. Economic Environment This function is increasing $12,500 to include a grant to the American Legion for stabilization and rehabilitation of the building located at 263 NE 5~' Avenue. This is the first payment of a $50,000 agreement approved by the City Commission in 2003, but has been held up because of title problems. Subsequent equal payments will be made upon completion of the exterior fagade restoration, completion of the interior build-out work and completion of the site work as described in the original agreement. Debt Service There is a decrease to this function in the amount of $203,000 in the 2007 Line of Credit accounts. Mid Year Budget Amendment Fiscal Year 2007-2008 Other Financing Uses This category accounts for inter-fund transfers. The decrease in the budget of $889,140 is the transfer to the Beautification Fund ($39,000) and the General Construction Fund ($850,140) for projects either reduced in scope or deferred. Reserves City Manager's Contingency, after all adjustments to balance revenues to expenditures were made, reflected a net decrease of $62,864. Transfers to the departments totaled $8,987,420 which were partially offset by department surpluses of $1,142,171. Of these expenses to the departments, $9,109,000 is offset in the donated property revenue for the donation of the crash diagramming software ($749,250), donation of the Hunt House from the Delray Beach historical society ($109,750), and the conveyance of the Block 69 Federspiel Garage ($8,250,000). For the purchase of the Licastri property ($673,545) is being used from prior year surplus funds. Other Funds Law Enforcement Trust Fund No changes or adjustments to this fund. Special Proiects Fund This fund will decrease $48,390 as a result in the reduction of uncommitted funds for the Public Arts program being transferred from the General Construction Fund. Community Development Fund Fiscal Year 2006/07 balances for Neighborhood Housing, SHIP, Hope III programs and remaining Housing Rehabilitation Block Grant balances were brought forward. Total brought forward is $4,046,768. Also included are additional CRA contributions of $149,087, SHIP and CDBG payoffs in the amount of $89,781 and $17,333 to budget the HOPE III Acquisition Division. The overall increase for this fund is $4,304,257. Beautification Trust Fund This fund will result in an overall decrease of $39,000 due to the reduction in the transfer from the general fund. A health insurance adjustment of $2,984 will be made and the remaining balance of $36,016 will be a reduction in the project reserve. Beach Restoration Fund No changes or adjustment to this fund. General Construction Fund This fund will result in an overall decrease of $800,140. The following projects have either been reduced in scope or deferred: Fire vehicle radio repeaters ($50,000 reduced), Police Headquarters generator ($175,000 reduced), Leon Weekes exotic plant removal ($45,000 deferred), street light pole replacement ($40,000 deferred), SW 8~' Avenue road construction ($200,000 excess funding), neighborhood enhancements ($147,750 deferred), SW 29~' St/22"d Ave sidewalks ($144,000 deferred) and Public Arts Fund ($48,390 in uncommitted funding). Two projects were added in the building maintenance account for mold remediation in the police department ($39,675) and various projects for the Fire Department ($33,035). A $50,000 payment was received from the State for the library and was transferred to the General Fund. Mid Year Budget Amendment Fiscal Year 2007-2008 2004 GO Bond No changes or adjustment to this fund. City Marina Fund No changes or adjustment to this fund. Sanitation Fund A $1,109 health insurance adjustment was made and balanced with an increase in the project reserve. Water and Sewer Fund This fund will have an overall decrease of $80,300 due to a decrease in revenue collected from a grant for the SFWMD Alternative Water Supply. This revenue decrease was offset with health insurance adjustments ($31,237), vacant positions ($50,790) and contingency ($1,727). Water and Sewer Renewal and Replacement Fund No changes or adjustment to this fund. Municipal Golf Course The overall fund will decrease by $63,340 based on year to date figures for anticipated revenues and expenses. Lakeview Golf Course No changes or adjustment to this fund. Stormwater Utility Fund A $1,627 health insurance adjustment was made and balanced with an increase in the project reserve. Garage Fund A $3,302 health insurance adjustment was made and balanced with an increase in the project reserve. Insurance Fund This fund will decrease $276,812 overall due to health insurances adjustments from all funds. 2007/2008 MID YEAR CAPITAL FUNDING AVAILABILITY Project Budget Available Balance Comments Fire - Vehicle Radio Repeaters $100,000 $50,000 Project scope reduced Police HQ Generator $245,240 $175,000 Project scope reduced Leon Weekes exotic plant removal $45,000 $45,000 Defer project Street light pole replacement $40,000 $40,000 Defer project SW 8th Avenue road construction $307,480 $200,000 Excess funding available Neighborhood Enhancements $147,750 $147,750 Defer project(s) SW 29th Street/22nd Ave sidewalks $288,000 $144,000 Defer grant match to 2009 Public Arts Fund $122,600 $48,390 Available uncommitted funding Total uncommitted funding available $850,140 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard Hasko, Director of Environmental Services Mark McDonnell, AICP, Acting Director Planning and Zoning THROUGH: David T. Harden, City Manager DATE: Apri129, 2008 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF MAY 6, 2008 PROPOSED AMENDMENT/IN-LIEU AND PUBLIC PARKING FEES ITEM BEFORE COMMISSION The item before the City Commission is a request for direction for modifications to Land Development Regulations (LDR) 4.6.9(E)(3) and (4) to increase current in-lieu and public parking fees, pursuant to LDR Section 2.4.5(M)(5). The associated m Section 4.6.9(E)(3)(b), will also be amended to reflect the increased fees. BACKGROUND Ordinance 42-06, adopted August 15, 2006, established the current in-lieu parking fees at $18,200 in Area 1, Beach Area; $] Area 2, Central Core; and $7,800 in Area 3, Old School Square Historic Arts District and Pineapple Grove Way. The $4,01 Area 4, West Atlantic Avenue remained unchanged to provide much needed redevelopment incentives for the area. Prior to O 42-06, the fees had not been reviewed or increased since 1999. A comprehensive review was conducted verifying the property value for each of the properties in the various in-lieu areas to the average and median land value. Estimated construction costs were then determined by averaging the construction costs o] School Square and Federspiel Parking Garages resulting in a per space construction cost of $31,705. This information referenced in the 2006 Planning & Zoning staff report, attached for your review. Staff received information regarding the construction of parking garages from Palm Beach County. The City and County h. collaborating on the South County Government Center. The County provided the attached Parking Structure Comparison pre November 28, 2006. This report shows construction costs of various parking garages in addition to the proposed Governmer facility (see attached). Excluding the PBIA Garage, the average cost of construction for the garages is $25,000 per space. A report notes that the economy of scale provides an approximate 30% reduction, airport facilities are historically constructed architectural treatment which usually accounts for a significant cost which the report does not appear to account for. A review of land values was conducted to see how today's market compares to the 2005 information that was used in the red Property Appraiser's Website (PAPA) currently shows 2007 as the most recent available information. The prevailing patter increased values in 2006 with a slight decline shown in 2007. Of the sampling of properties reviewed, 12% was the lowest in property value sustained comparing 2005 to 2007, with the greatest being 300% (Area 1, Beach Area). It is likely that an~ reductions in property values would not result in values lower than those in 2005. With the next review of the fees, as the Appraiser's information is updated, any necessary adjustments could be made to accommodate such a reduction. Table 1, belo` the estimated per space construction cost of a parking garage, including land, in the various areas using both average and mec values added to the revised estimated construction cost of $25,000 per space. Area Area 1 -CBD - East of ICW Area 2 -CBD -West of ICW Area 3 - OSSHAD / PGW Table 1 Total Per Space Construction Cost by Area (Land Value Plus $25,000) ................................................................................................ ............................................................................................................................................................................................................................................................................................. ALV Garage MLV Garage X16,485.80 X41,485.80 ~14,692.45.h39,692.45 $10,264.10 `35,264.10 $9,644.10 ~`~34,644.10 $6.438.70 `31.438.70 $6.089.95 `31.089.95 In-lieu fees being charged appear to be significantly undervalued compared to the per space construction cost of a parkin calculated by adding the median land value to $25,000 per space construction cost. The Public Parking Fee program, initiated under Ordinance 79-05, adopted January 3, 2005, allows developers propos construction, in zoning districts other than the CBD or CBD-RC, to contribute to a fund to construct or maintain public facilities in lieu of providing required on site parking. The established fees were set at $18,000 per space for properties east of Avenue and Dixie Highway, Area 1; and $16,000 per space for properties west of Swinton Avenue and Dixie Highway, Area 2 During the deliberations of the 2006 ordinance, staff was directed to review the fees more regularly to prevent the disparity the fees being charged and the actual costs from increasing further. At this time, calculations indicate that an increase of at least 30% may be appropriate to further reduce the disparity betty collected and actual costs of constructing parking facilities. During the 2006 review, disposition of the retail space on the ground,;„ In-Lieu Fees level was uncertain and the entire construction cost of the Old School;,., ....................... .......................................................................... ............................................................................................................. Fee w/ 30% Incri Square Garage, (less the cost of the bathrooms provided for OSS ,., Current fee (Rounded) events), was used in the calculation. Ultimately the retail space was "` "` Area 1 - "` "` "` " $18,200 ` "` $23,700 put out to bid and will be sold. Therefore, when the Parking Area 2 - $15,600 $20,300 Management Advisory Board reviewed the proposed amendment on .................... ~ .............................................................. Area 3 .......................................................................... - $7 800 $10 100 February 26, 2008, they directed Staff to subtract the cost of , , construction of the retail space from the garage, as the City recoups ~. Public Parking Fee that cost through its sale, and bring the item back in six months for Area 1 $18,000 $23,400 subsequent review. The Board also felt that with the passing of Area 2 - $16,000 $20,800 Amendment 1, the six month waiting period to evaluate economic conditions was appropriate. Therefore, the Board recommended that no increase be imposed at this time. LDR Section 2.4.5(M~(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section l.l.t City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objecti Policies of the Comprehensive Plan. A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted. While the amendment specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS The Parking Management Advisory Board, at its meeting of February 26, 2008, recommended waiting six months and estimated construction costs by subtracting the construction cost of the commercial component of the garage. The Downtown Development Authority, Pineapple Grove Main Street Board, and West Atlantic Redevelopment Coalition respective meetings, all agreed with the PMAB's recommendation. The Community Redevelopment Agency, at its meeting of March 13, 2008, recommended in a 4-1 vote (Arts dissenting; increase to the in-lieu fees in Areas 1, 2 and 3 and a 30% increase to the Public Parking Fees. The Planning & Zoning Board, at its meeting of March 17, 2008, unanimously agreed with the PMAB in not imposing any inc this time. RECOMMENDATION Staff requests direction from the City Commission as to how they wish to proceed. PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: MARCH 17, 2008 AGENDA NO: IV. D AGENDA ITEM: AMENDMENT TO SECTIONS 4.6.9(E)(3) & (4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS FOR THE INCREASE OF IN-LIEU AND PUBLIC PARKING FEES Item Before The Board: The item before the Board is that of making a recommendation to the City Commission regarding an amendment to Land Development Regulations Sections 4.6.9(E)(3) & (4), to increase current in-lieu and public parking fees, pursuant to LDR Section 2.4.5(M)(5). 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 & Analysis: Ordinance 42-06, adopted August 15, 2006, established the current in-lieu parking fees at $18,200 in Area 1, Beach Area; $15,600 in Area 2, Central Core; and $7,800 in Area 3, Old School Square Historic Arts District and Pineapple Grove Way. The $4,000 fee in Area 4, West Atlantic Avenue remained unchanged to provide much needed redevelopment incentives for the area. Prior to that ordinance, the fees had not been reviewed or increased since 1999. A comprehensive review was conducted verifying the property value for each of the properties in the various in-lieu areas to ascertain the average and median land value. Estimated construction costs were then determined by averaging the construction costs of the Old School Square and Federspiel Parking Garages resulting in a per space construction cost of $31,705. The detailed analysis, incorporated in the 2006 P&Z Staff report, is attached for your reference. During the deliberations of the 2006 ordinance, staff was directed to review the fees more regularly in the future to prevent an increase in the already large disparity between the fees being charged and the actual cost to construct parking garages, including land value. In-lieu fees being charged were severely undervalued (approximately 60% in Areas 1 and 2; and 80% in Area 3) compared to the per space construction cost of a parking garage, calculated by adding the median land value to $31,705 per space construction cost. It is noted that during the 1999 amendment, Area 3, Pineapple Grove /Old School Square Historic Arts District was not increased, explaining the lower fee. At that time, consensus was that the area was in need of redevelopment incentives, similar to the West Atlantic Avenue corridor today. Table 1 shows the estimated per space construction cost of a parking garage, including land, in the various areas using both average and median land values added to the estimated construction cost ($31,705). Table 1 Total Per Space Construction Cost by Area (Land Value Plus $31,705) Area ALV Garage MLV Garage Area 1 -CBD -East of ICW $16,485.80 $48,190.80 $14,692.45 $46,397.45 Area 2 -CBD -West of ICW $10,264.10 $41,969.20 $9,644.10 $41,349.10 Area 3 - OSSHAD / PGW $6,438.70 $38,143.70 $6,089.95 $37,794.95 IV.D. Planning & Zoning Staff Report -Meeting of March 17, 2008 LDR Amendment - In-lieu and Public Parking Fee Increases Page 2 The Public Parking Fee program, initiated under Ordinance 79-05, adopted January 3, 2005, allows developers proposing new construction, in zoning districts other than the CBD or CBD-RC, to contribute to a fund to construct or maintain public parking facilities in lieu of providing required on site parking. The established fees were set at $18,000 per space for properties east of Swinton Avenue and Dixie Highway, Area 1; and $16,000 per space for properties west of Swinton Avenue and Dixie Highway, Area 2. At this time, Staff is recommending another 30% increase to reduce the disparity between fees collected and actual costs. While these programs are intended to provide development incentives, such a large disparity is a windfall for developers as the return on investment from usable floor area is far greater than that of parking, which generates no return. During the 2006 review, disposition of the retail space on the ground level was uncertain and the entire construction cost of the Old School Square Garage, (less the cost of the bathrooms provided for OSS events), was used in the calculation. Ultimately the retail space was put out to bid and will be sold. Therefore, when the Parking Management Advisory Board reviewed the proposed amendment on February 26, 2008, they directed Staff to subtract the cost of construction of the retail space from the garage, as the Cit recou s that cost throu h its sale and brin the In-Lieu Fees Current fee Fee w/ 30% Increase Area 1 - $18,200 $23,660 Area 2 - $15,600 $20,280 Area 3 - $7,800 $10,140 Public Parking Fee Area 1 - $18,000 $23,400 Area 2 - $16,000 $20,800 Y p 9 9 item back in six months for subsequent review. The Board also felt that with the passing of Amendment 1, a six month waiting period to evaluate economic conditions was appropriate. Therefore, the Board recommended that no increase be imposed at this time. Staff feels that even with the reduction of the construction cost of the retail component, a 30% increase of the fees would still result in fees substantially lower than actual construction costs and would further reduce the disparity. LDR Section 2.4.51M)15) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR 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. A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Review by Others: ~ The Parking Management Advisory Board, at its meeting of February 26, 2008, recommended waiting six months and revising estimated construction costs by subtracting the construction cost of the commercial component of the garage. The Downtown Development Authority, Pineapple Grove Main Street Board, and West Atlantic Redevelopment Coalition, at their respective meetings, all agreed with the PMAB's recommendation. The Community Redevelopment Agency, at its meeting of March 13, 2008, recommended in a 4-1 vote (Arts dissenting), a 30% increase to the in-lieu fees in Areas 1, 2 and 3 and a 30% increase to the Public Parking Fees. Staff Recommendation: By motion, recommend approval of the proposed Ordinance to increase In-Lieu fees 30% in Areas 1, 2 and 3 and Public Parking Fees 30%, by adopting the findings of fact and law contained in the staff report, and finding that the proposed ordinance, and approval thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: • 2006 P&Z Staff Report • Proposed Ordinance Report Prepared by: Scott Aronson, Parking Management Specialist PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JULY 17, 2006 AGENDA ITEM: IV.C ITEM: AMENDMENT TO SECTION 4.6.9(E)(3) OF THE CITY'S LAND DEVELOPMENT REGULATIONS FOR THE INCREASE OF IN-LIEU PARKING FEES ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to Land Development Regulations Section 4.6.9(E)(3), to increase current in-lieu fees, pursuant to LDR Section 2.4.5(M)(5). 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/ANALYSIS Ordinance 4-99, adopted in February 1999, increased in-lieu fees in accordance with Land Development Regulations (LDR) Section 4.6.9(E)(3), from $6,000 per space anywhere in the City to today's varying prices charged by geographic area as shown in Table 1 below. Table 1 (Current In-Lieu Fees) Area 1 Properties zoned CBD and east of the Intracoastal Waterway (ICW) $14,000 Area 2 West of the ICW zoned CBD or CBD-RC excluding parcels located in the OSSHAD and Pinea le Grove Main Street $12,000 Area 3 Properties located in the Pineapple Grove Main Street and OSSHAD, excluding block 69. $6,000 Area 4 Properties located in the West Atlantic Neighborhood zoned CBD $4,000 The modifications were made to reflect the actual cost of constructing parking spaces and included appropriate land values. The 1999 review provided costs for both surface and structured parking (garages). The proposed prices were based on both land value and estimated cost of construction. Considering the inefficient utilization of land that surface parking creates, its disruption of the desired pedestrian friendly streetscape and limited availability of land, staff is presenting the estimated costs of structured parking only in areas 1, 2, and 3 and both structured and surface parking in the West Atlantic neighborhood. The land area per parking space for amulti-level parking garage is dependant on the number of floors in the structure. A three-story garage containing 300 spaces will require a site area of approximately 46,500 square feet, while a two story garage containing 200 spaces will still require the same land area. Although the land cost per parking space will continue to decrease as the number of floors in the garage increases, aesthetics, and compatibility with surrounding properties will play a major role in the decision of how high to go. For the purpose of this report, we will assume a three level garage containing 300 spaces. With this scenario, the required land area per parking space is 155 square feet. To assess the construction cost of garages, Planning and Zoning Board Staff Report, July 17, 2006 LDR Amendment - In-Lieu Fee Increase staff used the most recent cost estimates for the Old School Square (OSS) and Block 69 garages illustrated in Table 2 below. Table 2 (Estimated Construction Costs) Facility Capacity Total Construction Cost Cost Per Space Block 69 207 $7,128,769.00 $34,438.50 OSS Garage 525 $15,210,000.00 $28,971.50 Average Cost per Space $31,705.00 The cost of land is most dependant on location. The proposed Downtown Parking Master Plan identifies several sites which could accommodate the construction of parking garages. For the purpose of this report, an analysis of land values was completed for four areas with different characteristics where in-lieu fees are allowed. These figures, shown in Table 3, represent the Palm Beach County Property Appraiser's 2005 assessed value including improvements. Although the ratio of the property assessment to market value varies in each area, market values are higher than assessments in all areas. Therefore, if additional acquisition is required the costs will be somewhat higher than the stated figures. If necessary, further refinement is possible through the use of a Property Appraiser. Table 3 (Average and Median Land Values) Area Average Land Value (per square foot) Median Land Value (per square foot) Area 1 -CBD -East of ICW $106.36 $94.79 Area 2 -CBD -West of ICW $66.22 $62.22 Area 3 - OSSHAD /PGW $41.54 $39.29 Area 4 -West Atlantic Avenue $14.02 $7.84 Table 4, below, calculates the land value per space by multiplying the average and median land values, per sq. ft., by the 155 square feet per space (determined to be the necessary square footage per space in structured parking facilities). Table 4 (Land Value Per Space 155 sq. ft. Each) Area Average Land Value (ALV) (per sq. ft.) Value Per Space (by 155 sq. ft.) Median Land Value (MLV) (per sq. ft.) Value Per Space (by 155 sq. ft.) Area 1 -CBD -East of ICW $106.36 $16,485.80 $94.79 $14,692.45 Area 2 -CBD -West of ICW $66.22 $10,264.10 $62.22 $9,644.10 Area 3 - OSSHAD /PGW $41.54 $6,438.70 $39.29 $6,089.95 Table 5, below, will illustrate the estimated construction cost per space for structured parking in areas 1, 2, and 3. The West Atlantic neighborhood will be listed separately. The construction costs for structured parking remains the same regardless of area. Therefore Table 5 will consolidate the estimated construction cost utilizing both average and median land values to ascertain the total estimated construction cost, per space, for structured parking in Areas 1, 2 and 3. The figure of $31,705 was used as the per space construction cost which was derived by averaging the estimates from the OSS and Block 69 Garages as illustrated in Table 2 above ($28,971.50 + $34,438.50 / 2 = $31,705.00). 2 Planning and Zoning Board Staff Report, July 17, 2006 LDR Amendment - In-Lieu Fee Increase Table 5 Total Per Space Construction Cost by Area (Garages) (Land Value Plus $31,705) Area ALV Garage MLV Garage Area 1 -CBD -East of ICW $16,485.80 $48,190.80 $14,692.45 $46,397.45 Area 2 -CBD -West of ICW $10,264.10 $41,969.20 $9,644.10 $41,349.10 Area 3 - OSSHAD / PGW $6,438.70 $38,143.70 $6,089.95 $37,794.95 Lacking any recent cost estimates for projects constructing surface parking lots staff did a mock workup of a 56 car parking lot. Using an estimate prepared by the Engineering Department to construct a 10 car surface lot, the resulting construction cost per space is $4,799.80 including landscaping, irrigation and lighting. Surface parking, including access, vehicular/pedestrian circulation and open space/landscaping requires approximately 450 square feet per space. Inefficient property configurations which necessitate the use of single-loaded parking aisles can require over 500 square feet per space. For the purpose of this report; however, we will assume that 450 square feet is the average area for a typical surface parking space. Table 7 illustrates the estimated cost per space of surface parking lots utilizing both the average and median land values. The West Atlantic Neighborhood is currently in its early stages of development. The Community Redevelopment Agency has several projects proposed in addition to the City's proposed roadway improvements (including on-street parking) on Atlantic Avenue. Due to the availability of land in the area, and the increased feasibility of providing surface parking, Table 6, below, illustrates the estimated land values associated with the construction of both surface and structured parking. Table 6 West Atlantic Neighborhood Surface Parking (Land Value by 450 sq. ft. plus $4,800) Average Land Surface Lot Per Median Land Surface Lot Per Value (ALV) Space Value (MLV) Space Area 4 -West Atlantic Avenue $6,309.00 $11,109.00 $3,528.00 $8,328.00 Garage (Land Value by 155 sq. ft. plus $31,705) Average Land Garage Cost Per Median Land Garage Cost Per Value (ALV) Space Value (MLV) Space Area 4 -West Atlantic Ave. $2,173.10 $33,878.10 $1,215.20 $32,920.02 In summary, it is evident that current in-lieu fees are severely under priced and need to be increased. Staff is cognizant of the fact that increasing the fees from today's rate to the estimated costs outlined in this report might be both impractical and possibly create a negative impact to redevelopment in the downtown. It is noted that during the 1999 modifications the West Atlantic neighborhood in-lieu fee was reduced from $6,000 to $4,000 as an incentive for redevelopment. Additionally, fees in Area 3 which includes Pineapple Grove Way and the Old School Square Historic Arts District were not increased for the same reason. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR 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. 3 Planning and Zoning Board Staff Report, July 17, 2006 LDR Amendment - In-Lieu Fee Increase A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted. While the In-Lieu of Parking Fee Program is not specifically mentioned in the Comprehensive Plan, it is not inconsistent with the stated Goals, Objectives and Policies of the plan. REVIEW BY OTHERS Parking Management Advisory Board (PMAB): At its meetings of May 23, 2006 and June 27, 2006, while lacking a quorum at both meetings, the Board forwarded a consensus recommending a 30% increase in Areas 1, 2, and 3 with no increase imposed in Area 4. Furthermore it was recommended staff conduct annual reviews of the in-lieu fees. This would result in a per space increase in Area 1 from $14,000 to $18,200; Area 2 from $12,000 to $15,600; Area 3 from $6,000 to $7,800 with Area 4 remaining at $4,000 Community Redevelopment Agency (CRA): At its meeting of June 22, 2006, the Board unanimously recommended approval of the PMAB recommendation. Downtown Development Authority (DDA): At its meeting of June 12, 2006, the Board in a 3-1 vote (Sheremeta dissenting) recommended no increase to the in-lieu fees at this time with a recommendation for Staff to conduct another review in one (1) year. West Atlantic Redevelopment Coalition (WARC): At its meeting of June 15, 2006, the Board unanimously recommended approval of the PMAB recommendation. Pineapple Grove Main Street Board: At its meeting of June 7, 2006, the Board, while lacking a quorum, unanimously forwarded a consensus concurring with the PMAB recommendation. RECOMMENDED ACTION By motion, recommend approval of the proposed ordinance to increase in-lieu fees 30% in Areas 1, 2 and 3 and conducting annual reviews by adopting the findings of fact and law contained in the staff report, and finding that the proposed ordinance, and approval thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: Proposed Ordinance 4 L ~. c ~~ o •~ ~~: ~ O N ~ ~ pp~ ~ V' {~ Q' vs U ~~ C! ~ o ~ . O ~ CY3 " ~ W '~ LEI EL! ~ ~ LL,I ~ a'S a".a otf cif ~Q m ~ d Q " ~ ~ ~ ~ ~ ~ EE3 ~ .-s ~ L ~ ~ C ~ m' ~ m ~ i+ C g ~f ~. Q '7 '. ~V ' C ~ ~ ri c C ~ 'as a ~ ia. ~ ~ m a ,c w o ~ v ~ ~ c~ o -rs ~ . U O O O - O C ~ g ~ ~ _ N CSC N Cd~i .~ b} (f} 4Fy ~ ~ 0. ~' a . ~ +~ o o v a ~ G1 ~ ~ ~ N N C4~1 CO~1 N O U s U ~ ~ ~ ~ G N ~ R~ ~ ~, m a ~ ~ ~ ~ ~ ~ o ^ Q ~ ~ Et ~~ Q ~ Ql ~ y ~ t~ ~ ~ z ~ a ~ ~ ~ c n o - a o w . !/~ a O O ~ O 4 U w'~ ~ a Q . U ~ O m 7 D °~ ~ O O . ~ ~ ~ . ~ L m 'mv- ~ ~. ~ ~ .~ ~ o U ~ V 7 (wiLf ~ ~ C U U v ~ 0 0 o ~ ~ o ~ ~ ~ U -Q ~ ~ ~ N ~ a C ~ U f3:. +~ .N S7 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney DATE: Apri123, 2008 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF MAY 6, 2008 WI-FI SERVICES/ E-PATH COMMUNICIATIONS OF DELRAY BEACH, INC. ITEM BEFORE COMMISSION Update regarding the agreement with E-path Communications of Delray Beach, Inc. on wifi service and request for direction to activate contractual termination and dispute resolution procedures and/or obtain a waiver of the procedures if possible and terminate the contract. BACKGROUND The Commission approved an amendment to the wifi agreement at its February 19, 2008 meeting that gave e-Path Communications until April 18, 2008 to construct the free wifi service in the downtown area along Atlantic Avenue. E-path would then have 90 days from April 18, 2008 to construct wifi service east of I-95 and 90 days after that to construct wifi service west of I-95. E-Path has failed to construct the free wifi service within this time frame. The Commission also approved the transfer of the agreement from Delray Beach WiFi LLC to E-Path Communications of Delray Beach, Inc., provided that the appropriate corporate resolutions were executed. The resolutions were executed and the transfer became effective on March 13, 2008. However, E-Path has failed to meet the initial deadline to construct the free wifi service. City staff is not aware of any construction that has actually occurred along the downtown corridor in preparation of providing free wifi service. E-Path has informally requested an extension of the above agreed upon time frame. If the Commission wishes to terminate the agreement then our office would request authorization to send written notice to E-path, in accordance with Section 38 of the Agreement, to declare that they are in default of the agreement. E-path must cure the default within 30 days, however, if it can be shown that they are "undertaking reasonable efforts to effectuate a prompt cure" then they will be given an extra 30 days to cure. While this time period is running the City may conduct a mediation with E-path, as required by Section 35, in an attempt to resolve any disputes. We would also request that the Commission approve of our office seeking to obtain a waiver to Section 38 and Section 35 from E-path and approval to secure E-Path's agreement to immediately terminate the Agreement with all parties to bear their own attorneys fees and costs. RECOMMENDATION Recommendation is to terminate the contract in accordance with contract requirements and to seek an immediate termination upon obtaining a waiver of contractual requirements if possible. '~_ WIRELESS BROADBAND AGREEMENT THIS WIRELESS BROADBAND AGREEMENT ("Agreement', dated for purposes of identification only this 11 day of May, 2007 ("Effective Date") is entered between the CITY OF DELRAY BEACH, a municipal corporation ("City") and DELRAY BEACH WIFI, LLC ("Delray Beach Wi-Fi"), a Delaware limited liability company. Capitalized terms shall have the meaning ascribed in the body of the Agreement or as set forth in the attached Exhibit A. WHEREAS, City sought proposals through an Invitation to Negotiate dated October 17, 2006 for municipal wireless broadband; WHEREAS, following evaluation, ATC International, Inc. ("ATCI") was selected as the most qualified responder; WHEREAS, ATCI, E-Path Communications, Inc. ("E-Path") or their respective affiliates, as the current principals of Delray Beach Wi-Fi, desire to provide its Services (as hereinafter defined), through Delray Beach Wi-Fi, consistent with its proposal made to the City Commission in the City; WHEREAS, in connection with the provision of Services hereunder Delray Beach Wi-Fi desires to mount, install, operate and maintain certain of its equipment on certain City- owned Assets, and on streetlights, traffic signal poles, and other structures owned and controlled by third parties, in accordance with the terms, provisions and conditions contained in this Agreement and subject to any agreement with third party owners, if any ("Network"); WHEREAS, City has requested and Delray Beach Wi-Fi shall provide Free Service, as defined in Exhibit A in the Free Service Zone, as defined in Exhibit A; WHEREAS, City recognizes the benefits of a citywide deployment of a wireless broadband network and Delray Beach Wi-Fi agrees to provide same for the entire City with the Free Service Zone as the first priority; WHEREAS, ATCI has established a new and separate entity, Delray Beach Wi-Fi, to meet the terms and conditions of this Agreement and to accommodate its stockholders and investors; and WHEREAS, City desires to have the Services provided by Delray Beach Wi-Fi available for use by City and its citizens, businesses and guests in accordance with applicable law, and the terms, provisions, and conditions contained in this Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS SET FORTH ABOVE AND AS FOLLOWS: FTL:2180989:1 1 "r 1. TERM OF AGREEMENT -The Term of this Agreement shall be for ten (i 0) years and will upon approval of City it may be renewed for two additional renewal terms of five (5) years each (collectively "Term'. In the event both parties desire to extend the Term, City and Delray Beach Wi-Fi shall execute a written extension of this Agreement no later than ninety (90) days prior to the expiration date of the term. 2. PLANS AND SPECIFICATIONS-Delray Beach Wi-Fi will obtain from City approvals of the plans and specifications for the Network prior to any installation under this Agreement, including without limitation any upgrades or enhancements, which approval will not be unreasonably withheld, conditioned or delayed; provided, however, that any review or comment by City shall in no way relieve Delray Beach Wi-Fi of any duties or obligations set forth in this Agreement, or limit Delray Beach Wi-Fi's ability to provide the Services in accordance with applicable law. City will notify Delray Beach Wi-Fi in writing of any objection and the evidence for such objection within sixty (60) calendar days of Delray Beach Wi-Fi's submission of any plans or specifications (including expansions and upgrades to the network). Delray Beach Wi-Fi is not obligated to expend any funds on the Network until all necessary City approvals have occurred (collectively the "Approvals"), and it has obtained all Underlying Rights. If any Approval is in legal dispute or revoked then Delray Beach Wi-Fi will be entitled to suspend performance of all Services dependent on such Approval at its option, until all Approvals are reinstated or no longer in legal dispute. If City does not approve the Plans and Specifications for the Network within sixty (60) calendar days of delivery to the City, or if all Approvals necessary for Delray Beach Wi-Fi to perform under this Agreement are not obtained within ninety (90) calendar days of such delivery, then Delray Beach Wi-Fi and the City shall each, respectfully, be entitled to terminate this Agreement, subject to all applicable law, without any Default or further liability by either Party of any kind. 3. SCHEDULE OF PERFORMANCE All work to be performed under this Agreement shall be commenced and completed in accordance with the time schedule set forth in Exhibit C, entitled Schedule of Performance and coordinated through the City representative assigned to oversee the City's obligations under this Agreement. 4. DESCRIPTION OF WORK -- During the Term of this Agreement, Delray Beach Wi-Fi is authorized and required to mount, install, operate, repair and maintain at Delray Beach Wi-Fi's sole cost and expense, equipment, radios and antennas, or such other comparable equipment. Subject to City's prior approval and all applicable Federal, State, and local ordinances, laws and regulations Delray Beach Wi-Fi may use City owned buildings and towers as each shall be individually approved by City; provided, however, the use is subject to current agreements the City has extended with other parties and any other lawful preexisting communications facilities and must not interfere with any public F1L:2180989:1 2 •I safety communications system, and the City's computer network. In addition, if required, the City agrees to cooperate with Delray Beach Wi-Fi's attempts to obtain pole mounting agreements with Palm Beach County, Florida Power and Light and any other entity with mounting assets required to deploy a network that meets the necessary standards. Notwithstanding anything to the contrary, the City shall have no obligation to obtain such rights from third parties for the benefit of Delray Wi-Fi. For the Term of this Agreement, Delray Beach Wi-Fi is authorized to use public rights of way owned by City for access to poles, buildings and towers as individually approved by the City to which communications equipment is or will be attached pursuant to this Agreement. Such access shall betwenty- four (24) hours per day, every day, subject to applicable restrictions and regulations relating to traffic, noise, public safety and other requirements. City agrees to reasonably cooperate with Delray Beach Wi-Fi without cost or obligation to City in obtaining all necessary permissions or permits required to facilitate the installation and maintenance of radios that require the use of right- of-ways that may be controlled by the County or State. Upon completion of each task, installation and phase of work to be performed under this Agreement, Delray Beach Wi-Fi shall promptly restore all work site azeas to a clean and safe condition as described in the Statement of Work. City will cooperate with Delray Beach Wi-Fi to identify City-owned assets that may be utilized for the Network. If the City refuses to provide the necessary rights to City assets in any location without reasonable cause, then Delray Beach Wi-Fi will not be responsible to include coverage for such affected location. Delray Beach Wi-Fi's obligations to provide the Network and the Coverage Level aze dependent upon Delray Beach Wi-Fi's obtaining the Underlying Rights from the City and Delray Beach Wi-Fi obtaining the necessary approvals from applicable third parties. If Delray Beach Wi-Fi is unable to obtain the Underlying Rights from third parties, including without limitation any pole attachment rights from any utility or other third party, then Delray Beach Wi-Fi's performance obligations may be reduced to the extent the Coverage Level cannot be obtained for a given location. However, in the event of any such reduction in coverage level, the City may declare a Default of this Agreement immediately upon written notice to Delray Beach Wi-Fi. Notwithstanding the foregoing, this Agreement shall in no way limit or interfere with apre-existing provider's rights nor the network owned and operated by the City. In addition, notwithstanding anything is this Agreement, nothing in this Agreement is intended to diminish Delray Beach Wi-Fi's rights to provide wireless broadband services apart from this Agreement under any state or federal law. 5. WORK SCHEDULE DELAYS - If City requests in writing for a delay in performance of the installation by Delray Beach Wi-Fi and its contractors then such delay shall not be unreasonable in length and all milestones and deadlines shall be extended by the same number of days as the number of days in the delay. 6. CHANGE IN SERVICES. If Delray Beach Wi-Fi intends to reduce services then, after reasonable prior notice to the City of Delray Beach Wi-Fi's intentions, City FT1.:2180889:1 3 will either, (1) accept the proposed change in service on such terms and conditions as the parties find mutually agreeable in which case Exhibit F shall be revised appropriately and be substituted for the then current version of Exhibit F, (2) require that the then-existing service levels, to the extent not beyond the reasonable control of Delray Beach Wi-Fi, continue to be provided as contemplated in the then current version of the Exhibit F (Service Level Agreement), or (3) declare a Default of this Agreement. This Section 6 shall only apply to Material Changes of Service which shall require the consent of the City whose consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, Delray Beach Wi-Fi shall not be required to obtain consent from the City for any non Material Change of Services. The term "Material Change of Service" as used in this Section 6 means (1) a reduction in broadband Internet access bandwidth by Delray Beach Wi-Fi to speeds consistently below 512 Kbps or (2) a reduction in the coverage level as set forth in Exhibit C. 7. AVAILABILITY OF POWER -City and Delray Beach Wi-Fi acknowledge that the Network requires a 24 hour, reliable source of power. In the instances where the Network will be mounted on City assets, the City agrees to provide reasonable access to its power sources in a manner authorized by City where power is currently available. Notwithstanding the foregoing, City has no obligation under this Agreement to provide new power source to Delray Beach Wi-Fi. The cost of any and all power required by Delray Wi-Fi shall be the sole responsibility of Delray Wi-Fi. 8. SERVICE LEVEL AGREEMENT AND CUSTOMER SERVICE GUIDELINES. a. Delray Beach Wi-Fi shall perform in accordance with the Service Level Agreement ("SLA") set forth in Exhibit F. City will appoint a person with whom Delray Beach Wi-Fi will interact with respect to technical, maintenance and service issues with respect to this Agreement, including the Service Levels set forth in Exhibit F. Delray Beach Wi-Fi will provide the name and contact information for the project manager, regular status reports, and updates to the City in a manner to be determined. b. Delray Beach Wi-Fi further acknowledges the importance of quality customer service and ongoing Network monitoring and performance review. Delray Beach Wi-Fi thus shall make customer service representatives available 24 hours per day, 7 days per week and shall monitor Network performance and respond to customer service inquiries in accordance with the requirements set forth on Exhibit F-1. Delray Beach Wi-Fi shall further provide City with monthly summary reports outlining its compliance with each of the reporting metrics in accordance with the SLA attached as Exhibit F. 9. MARKETING COOPERATION -Delray Beach Wi-Fi will be responsible for marketing and administering the operations of the Network. City will cooperate, ~z~sossg:~ 4 .~ as determined by the City, in marketing, advertising and promotional plans, schedules and materials regazding the Network. City will appoint a person designated to work with Delray Beach Wi-Fi's designated marketing coordinator. 10. PERMITS. -Delray Beach Wi-Fi and City further agree as follows: a. Delray Beach Wi-Fi shall obtain, with City's reasonable assistance, all applicable permits, licenses, and authorizations as aze required for Delray Beach Wi-Fi to comply with applicable laws, regulations and ordinances. b. In consideration for the free services provided to non-business users for a cumulative four (4) hours per day in the Free Service Zone subject to the restrictions under this Agreement, the City agrees to waive any and all permit fees chazged by the City in connection with this Agreement. This waiver of permit fees shall not apply to regulatory fees or taxes. 11. WORK STANDARDS -Delray Beach Wi-Fi agrees to perform the Services in accordance with all applicable ordinances, laws and regulations, including all traffic laws and regulations (including, without limitation, those set forth as Florida DOT standards) and in accordance with the Plans and Specifications and Schedule of Performance. Delray Beach Wi-Fi will comply with applicable laws, ordinances and regulations. Delray Beach Wi-Fi will use commercially reasonable efforts to notify affected residents, property owners and businesses prior to commencement of work that can be reasonably anticipated to adversely affect the quiet enjoyment of their property. Delray Beach Wi-Fi acknowledges that City has made no warranties or representations regarding the fitness, safety, or suitability of any of City's property for the installation of Delray Beach Wi- Fi's equipment or for this Network and that any performance of work or costs incurred by Delray Beach Wi-Fi or provision of Services contemplated under this Agreement by Delray Beach Wi-Fi is at Delray Beach Wi-Fi's sole risk. Further, Delray Beach Wi-Fi's work under this Agreement will be fully in compliance with the requirements set forth in Exhibit G. 12. EMERGENCY/HURRICANE - In order to properly prepare for hurricanes or other emergencies, Delray Beach Wi-Fi and the City may form a working group within a reasonable period of time after the execution of this Agreement that will determine ways in which, if possible, the Network can be used to support the City. If feasible, and if expressly permitted by the City, the Network will utilize the City's alternative energy sources to ensure that the Network stays operational subject to prior approval which may be withheld in the City's sole and absolute discretion. 13. DIGITAL DIVIDE -The City wishes to utilize the Network to reach residents who may not be able to afford commercial high speed Internet access. Delray Beach Wi-Fi agrees to work with the City, the City's CRA and interested parties to establish a model program for the City that includes "ongoing training" (to FrL:2180989:1 r those receiving flee computers), computers and Internet access to families who fall below the federal poverty level with school-age children, in accordance with terms below. Such "ongoing training" shall at minimum consist of (a) an introductory class conducted at a locatedion in the City within 10 days of installation, (b) followed by at least one class per year and (c) 24/7 telephone support throughout the Term of the Agreement. Additional training shall be provided by Dekay Beach Wi-Fi upon the reasonable request of the City. Delray Beach Wi-Fi agrees to provide: a. 100 free, new; computers, p~e~idecl--all containing at a minimum, a Windows OS, 512 MB RAM, and Pentium III processors when requested by the Citv provided wifi service is available. For purposes of the foregoing commitment by Delray Beach Wi-Fi, the provision of computers shall also include the respective provision of monitors, printers, and required cabling; b. 200 households with free high speed Internet access at a minimum rate of 512 kbs ("Free Digital Divide Households") when requested by the City provided wifi service is available; c. all households that fall below the federal poverty rate with school- age children, high speed Internet access, when requested by the City provided wife service is available, at a minimum rate of 512 kbs at a special rate of $9.99 per month for a minimum of a one-year period, with any increases thereafter limited to no more than 5% per annum, provided however, the group of households required to pay the special rate shall not include the Free Digital Divide Households referenced in subsection b. above, which are to receive free high speed Internet access. The families which are entitled to receive the free computers set forth in subsection a. above, and free Internet access set forth in subsection b. above, shall be selected by the City in its sole discretion and promptly communicated to Delray Beach Wi-Fi prior to the Free Service going active. The City and Delray Beach Wi-Fi will formulate a process of selecting families entitled to the Digital Divide special rate. Delray Beach Wi-Fi shall provide a report to the city montlily detailing the number of families taking advantage of the special rate. 14. REMOVAL OF EQUIPMENT -Unless City and Delray Beach Wi-Fi enter into an agreement that provides otherwise, upon the expiration, completion or eazlier termination of the Term of this Agreement, Delray Beach Wi-Fi shall promptly, safely and carefully remove all ~uipment installed by Delray Beach Wi-Fi from all City property and return City property to the condition in which the property existed immediately prior to Delray Beach Wi-Fi's installation. Delray Beach Wi-Fi acknowledges and agrees that it bears all risk of loss or damage of its FTL:2180989:1 6 equipment and materials installed on City property or in City's public rights of way, except for damages arising from the negligence or wrongful acts of City or its employees, agents or contractors. The removal will be according to a mutually agreed schedule over a time period that shall not exceed two (2) months from the eazlier of the expiration, completion or earlier termination of this Agreement, provided however, that the Parties shall work together to ensure a smooth transition of any affected customers on the Network. The foregoing notwithstanding, nothing in this Agreement is intended to modify or limit Delray Wi-Fi's rights to provide the Services pursuant to any applicable state of federal law or regulation. 15. RELOCATION OF NETWORK -City may from time to time require Delray Beach Wi-Fi to remove or relocate a Network element installed on City property, and at City's direction, remove or relocate the specified piece of equipment upon a request from City based on the specific configuration or re-configuration of the right of way or roads in the right of way, including for example a removal or relocation caused by widening of the road, provided that where a removal or relocation is required the City shall reasonably assist to locate a suitable alternative for Delray Beach Wi-Fi to re-locate the equipment of Delray Beach Wi-Fi, and Delray Beach Wi-Fi shall not be considered in Default of this Agreement or Service Levels to extent any customers aze so affected by the removal or relocation of equipment. City shall notify Delray Beach Wi-Fi immediately of any Underlying Rights known to City related to the City owned assets that may interfere with the Network or Delray Beach Wi-Fi's obligations in connection with this Agreement. Upon the expiration, non-recognition or other termination of an Underlying Right of which the City has been given notice in writing that is necessary in order to grant, continue or maintain an Underlying Right required for any portion of the Network or provision of the Services, City will use its best efforts to notify Delray Beach Wi-Fi in writing. 16. PAYMENT OF TAXES -Subject to all provisions of this Agreement, Delray Beach Wi-Fi will pay all taxes, assessments and fees applicable to Delray Beach Wi-Fi's installation and operation of the Network. Delray Beach Wi-Fi will pay any and all taxes, assessments and fees which may be levied against Delray Beach Wi-Fi by any tax authority or other governmental or quasi-governmental authority. 17. INDEPENDENT CONTRACTOR - To the extent applicable, Delray Beach Wi- Fi, in the performance of the work and Services agreed to be performed pursuant to this Agreement, shall act as and be an independent contractor and not an agent or employee of City. Delray Beach Wi-Fi shall operate the Network as Delray Beach Wi-Fi determines, in its sole discretion, provided that such operation shall at all times be in accordance with the requirements of this Agreement. 18. FORCE MAJEURE -Neither Party shall be responsible for any of its obligations under this Agreement prevented or delayed by reasons which are not reasonably Fn:~~soses:~ 7 Y foreseeable, not reasonably avoidable, or otherwise outside the reasonable control of the Parties, including but not limited to Acts of God, floods, fires, hurricanes, tornadoes, earthquakes or other unavoidable casualty, acts of public enemy, insurrection, war, riot, sabotage, act of terrorism, epidemic, strike, freight embargoes, severe weather conditions, concealed and unknown conditions below the surface of the ground differing materially from those ordinarily encountered and generally recognized as inherent in construction work or which are not reflected on current maps or drawings of underground conditions, wrongful physical obstruction by any Person at any installation site, any law, order, regulation, direction, action, or request of the United States government or of any governmental, judicial, regulatory, or civil or military authority having jurisdiction over the Parties; national emergencies; or failure of any common carrier or third party facility not affiliated with Delray Beach Wi-Fi ("Force Majeure Event"). The time within which any obligation must be performed under the terms of this Agreement shall be extended for a reasonable period to be determined jointly by the City and Delray Beach Wi-Fi where timely performance is prevented due to a Force Majeure Event. Delray Beach Wi-Fi or the City shall promptly notify in writing the other Party of any Force Majeure event described in this Section and, in such notice, shall indicate the anticipated extent of such delay and shall indicate whether, and to what extent, if any, the delayed Party anticipates that such event shall affect the timely performance of such Party's obligations under this Agreement. 19. ASSIGNABILITY -Neither Party shall have the right to assign or otherwise transfer this Agreement, in whole or in part, without the prior, written consent of the other Party which consent shall not be unreasonably withheld, conditioned or delayed, provided however, that after the Network is operating then Delray Beach Wi-Fi will be entitled to transfer the Network and its operations to entities in the future, provided the City determines in its sole and reasonable discretion that the transferee is sufficiently capitalized in order to perform the Services hereunder and will in the City's reasonable discretion be able to promptly provide services hereunder. Notwithstanding the foregoing, Delray Beach Wi-Fi may assign this Agreement as part of any financing arrangement, or otherwise in connection with a restructuring of Delray Beach Wi-Fi upon approval by the City, which approval shall not be unreasonably withheld, conditioned, or delayed, that the assignment is to an entity that can perform, has experience to perform, and the financial wherewithal to perform the Services hereunder to the reasonable satisfaction of the City. This Agreement shall be binding upon and inure to the benefit of the Parties and their successors and permitted assigns. In addition, Delray Beach Wi- Fi shall have the right to subcontract Services provided any and all such subcontractors are approved by the City prior to the commencement of work. 20. INDEMNIFICATION - As respects bodily injury, death, personal injury, or third-parry property damage, Delray Beach Wi-Fi agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense FTL:2180989:1 g costs, or liability, of any kind or nature (collectively referred to hereinafter as "Claims"), arising out of or in connection with Delray Beach Wi-Fi's (or Delray Beach Wi-Fi's contractors' or subcontractors', if any) (i) acts, errors, omissions, or unsafe acts, or (ii) work performed by, or on behalf of, Delray Beach Wi-Fi, relative to this Agreement; except for those Claims which arise out of the sole negligence or willful misconduct of City. As respects any damage or loss which does not arise out of bodily injury, death, personal injury, or third-party property damage, Delray Beach Wi-Fi agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as "Claims"), arising out of or in connection with Delray Beach Wi-Fi's (or Delray Beach Wi-Fi's contractors' or subcontractors', if any) negligent or wrongful performance under this Agreement; except to the extent that such Claims arise out of the sole negligence of City. The obligations set forth in this Indemnification provision (i) shall be in effect without regard to whether or not City, Delray Beach Wi-Fi, or any other person maintains, or fails to maintain, insurance coverage, or aself-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement. Nothing herein shall prevent Delray Beach Wi-Fi's insurer(s) from satisfying Delray Beach Wi- Fi's obligations under this Section. This Section shall survive the termination of this Agreement. 21.OWNERSHIP Notwithstanding any provision of this Agreement or any attachment, in all circumstances, Delray Beach Wi-Fi shall retain title to the Network and each device and components thereof. No portion of the Network shall become a fixture unless Delray Beach Wi-Fi expressly agrees otherwise in writing. In no event shall City gain any ownership rights in or to the Network in whole or in part, pursuant to this Agreement or otherwise. In no event will City translate, modify, disassemble, or reverse engineer the Network or create derivative works based on any portion of the Network or the Design Control Documents or authorize others to do so. The Agreement in no way establishes any ownership rights in the City's network. 22. INSURANCE- Without limiting City's right to indemnification, it is agreed that Delray Beach Wi-Fi shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows: Workers' Compensation Insurance as required by State statutes and Employers Liability in an amount not less than $500,000 per occurrence. Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor's Liability (if applicable), in an amount not Iess than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) annual aggregate, written on an occurrence form, F7L:2180989:1 9 provided this coverage may be maintained by Delray Beach Wi-Fi combining primary and excess policies to meet these requirements. Comprehensive Automobile Liability Coverage including - as applicable - owned, non-owned and hired autos, in an amount not less than One Million Dollars ($1,000,000) per occurrence, combined single limit, provided this coverage may be maintained by Delray Beach Wi-Fi combining primary and excess policies to meet these requirements. City's Risk Manager is hereby authorized to reduce the requirements set forth herein in the event he/she determines that such reduction is in City's best interest. Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions: "This insurance policy shall not be cancelled until after thirty (30) days prior written notice has been given to the City Clerk, City in the event of cancellation for non-payment of premium." Each insurance policy required by this Agreement, except policies for Workers' Compensation, shall contain the following clauses or shall otherwise provide for the following conditions: "It is agreed that insurance provided by this policy shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City." "The City its officers, agents, employees, and representatives aze added as additional insureds as respects the acts, omissions, operations, and activities of, or on behalf of, the named insured, in regard. to products supplied, or work or services performed for, or under an agreement with the City." Prior to commencing any work under this Agreement, Delray Beach Wi-Fi shall deliver to City insurance certificates confirming the existence of the insurance required under this Agreement, including the applicable clauses and/or provisions referenced above. Also, within thirty (30) days of the execution date of this Agreement, Delray Beach Wi-Fi shall provide City (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation reasonably acceptable to City evidencing that the coverage, terms, and conditions set forth in the above- referenced clauses are otherwise provided for in said insurance policies. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by City, it shall be Delray Beach Wi-Fi's responsibility to see that City receives documentation acceptable to City which evidences that the individual signing said endorsements is indeed authorized to do so by the insurance company. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in the State of Florida and (ii) possessing an A. M. FTL:2180989:1 10 Best's rating of A-VII or higher, or (iii) otherwise acceptable to City, with prior written permission from City. Also, in the event that (i) a claim is filed against City, or its officers, employees, agents, or representatives, for which City believes, in good faith, there may be coverage under an insurance policy required by this Agreement, and (ii} City has tendered such claim to the insurer that issued such policy, and (iii) such insurer has not agreed, within ninety (90) days, to cover such claim, including defense and indemnity, without reservation, then City has the right to demand of Delray Beach Wi-Fi, and to receive within thirty (30) days, a copy of such insurance policy. In addition to other remedies City may have if Delray Beach Wi-Fi fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, declare a Default hereunder, until Delray Beach Wi-Fi demonstrates compliance with the requirements hereof. Exercise of any of the above remedies, however, in addition to other remedies City may have and is not the exclusive remedy for Delray Beach Wi-Fi's failure to maintain insurance or secure apprapriate endorsements. Delray Beach Wi-Fi shall list the City as an additional insured under all of the insurance policies referenced in Section 22 herein. 23. GOVERNING LAW -This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without regard to the conflict of law provisions thereof. Any action brought relating to the interpretation or enforcement of this Agreement may be brought in any court located in Palm Beach County, Florida, unless otherwise required by law. 24. COMPLIANCE WITH LAWS -Delray Beach Wi-Fi and the City each agree to comply with all applicable laws, ordinances and regulations, including the recent Declaratory Ruling issued by the Federal Communications Commission, dated March 23, 2007, entitled In the Matter of Appropriate Regulatory Treatment for Broadband Access to the Internet Over Wireless Networks, WT Docket No. 07- 53, ("Wireless Broadband Order"), which among other things, declares wireless broadband Internet access services, which would include the Service, as Information Services pursuant to 47 U.S.C. § 153(20), preserves the applicability of 47 U.S.C. § 332(c)(7) regarding local zoning and land use decisions to wireless broadband information service providers that utilize the same infrastructure to provide personal wireless services, and determines that wireless broadband information services are jurisdictionally interstate. Notwithstanding any obligation or agreement made in this Agreement, each Parry hereto agrees to comply with all requirements of the Wireless Broadband Order, and in all applicable law, and nothing in this Agreement is intended, nor shall be interpreted, to modify each of the respective Party's rights and obligations under the Wireless Broadband Order, or other applicable law. in addition, City agrees to facilitate the process of approvals by departments of City to ensure that the Fn.:2~soses:~ 11 obtaining of such approvals in no way creates delays inconsistent with the implementation timeframes set forth in Exhibit C, and the Service Level Agreement in Exhibit F. 25. APPROVAL - If the approval or consent of any Party is required under this Agreement, such approval or consent may only be given in writing, and shall not be unreasonably withheld, conditioned or delayed. 26. MISCELLANEOUS -The failure of a Parry at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in ether instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty. The headings preceding the text of articles and sections included in this Agreement and the headings to schedules attached to this Agreement are for convenience only and shall not be deemed part of this Agreement or be given any effect in interpreting this Agreement. Unless otherwise indicated, words describing the singular number shall include the plural and vice versa, and words denoting each gender shall include the other gender and words denoting natural persons shall include corporations and partnerships and vice versa. The use of the terms "including" or "includes" shall in all cases herein mean "including, without limitation" or "include, without limitation," respectively. Unless otherwise indicated, references to articles, sections, subsections or schedules shall refer to those portions of this Agreement. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting or causing any instrument to be drafted. 27. Intentionally Deleted. 28. RESERVATION OF RIGHTS -This Agreement grants Delray Beach Wi-Fi the non-exclusive right to use poles, buildings, towers, other assets identified by the City and rights-of--way owned by City in the manner provided herein, for the Services utilizing the Network during the Term and to mount approved devices as set forth in Exhibit D for use in connection with creating and maintaining the Network for the provision of the Services at the expense of Delray Beach Wi-Fi. In recognition of the considerable financial investment made to service the businesses and residents of the City and its commitment to provide discounted service to certain low income residents of the City, the City will grant to Delray Beach Wi-Fi the non-exclusive opportunity to provide the Services, including, without limitation, Internet connectivity and other communications services to the City, as requested by the City. The City will negotiate with Delray Beach Wi-Fi for services at the time the service is desired or requested provided, however, if the City determines in its sole discretion that such services are better performed Fr~:z~sosss:~ 12 by others for no reason or any reason, the City shall not be required to grant Delray Beach Wi Fi the privilege or right to provide such services. City may grant to any other Party during the Term the right to use of City poles, buildings, towers or other approved mounting assets far the provision of services competitive with the Services authorized by this Agreement, provided such third- party's mounting assets and services do not interfere with the Services. In the event City enters into a subsequent agreement with any other third party concerning offering Wi-Fi services to residents of the City ("Competitive Agreement") on or after the date hereof that has the effect of establishing rights or otherwise benefits in a manner more favorable in any respect (other than for build out} than the rights and benefits established in favor of Delray Beach Wi-Fi in this Agreement, then Delray Beach Wi-Fi shall submit to the City a request for modification of this Agreement to incorporate benefits and obligations comparable to those in the Competitive Agreement. Except as provided herein, City and Delray Beach Wi-Fi agree that nothing contained in or contemplated by this Agreement is intended to confer, convey, create or grant to Delray Beach Wi- Fi any perpetual real property interest in any City property or in any of City's public rights of way or easements. Nothing in this Agreement shall restrict Delray Beach Wi-Fi from providing the Services in all ways permitted by applicable law. The foregoing general reservation is not intended in any way to diminish Delray Beach Wi-Pi's obligations under the Service Level Agreement set forth on Exhibit F. 29. FREE SERVICE ZONE. City and Delray Beach Wi-Fi acknowledge and agree that a condition precedent for a Person to obtain password access necessary to utilize the Free Service offered in the Free Service Zone shall be the electronic or written acknowledgement and execution of a user access agreement in a form and content prepared by Delray Beach Wi-Fi in its sole and absolute discretion, which shall at a minimum include appropriate limitations of liability and indemnification protections for the benefit of Delray Beach Wi-Fi (the "User Services Agreement"). No Person shall be able to utilize the Free Service under this Agreement without the acknowledgement and execution of a User Services Agreement. Notwithstanding the foregoing, the City expressly reserves the right to review the User Service Agreement to ensure the Services described therein comply with this Agreement. 3Q. NO WARRANTIES -THE ONLY WARRANTIES CONCERNING THE SERVICES, SYSTEM AND OTHER DELIVERABLES PROVIDED UNDER THIS AGREEMENT ARE THOSE CONTAINED HEREIN, AND ARE MADE FOR THE BENEFIT OF CITY ONLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. DELRAY BEACH WI-FI ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS RELATED TO THE INTERNET; SECURITY-RELATED FEATURES OF THE SYSTEM AND/OR FT1.:2180989:1 13 SERVICES CANNOT GUARANTEE COMPLETE SECURITY VIA THE INTERNET OR WIRELESS SERVICES AND DELRAY BEACH WI-FI SHALL NOT BE LIABLE FOR BREACHES OF SUCH SECURITY OR ANY OTHER RELATED WA-.RRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, INTERNET FUNCTION ANDIOR PERFORMANCE WARRANTIES. DELRAY BEACH WI-FI SHALL HAVE NO LIABILITY FOR THE CONDUCT OF SUBSCRIBERS USING OR ACCESSING THE SYSTEM OR SERVICES. 31. CONFIDENTIALITY -The City is bound by the State Public Records Act which provides for the mandatory disclosure of certain records to the public upon request. Any disclosure by the City pursuant to the Public Records Act shall be exempt from the provisions of this paragraph. The City shall not provide any trade secret that is exempt under the Public Records Act for so Long as such information qualifies as a trade secret under applicable law and for three (3) years following the termination of this Agreement. 32. NOTICES -Any notice, request, instntction or other document to be given hereunder by a Party pursuant to this Agreement shall be in writing and shall be deemed to have been given: (a) when received if given in person or by courier or a courier service; (b) on the date of transmission if sent by, facsimile, email or other wire transmission; or (c) three (3) business days after being deposited in the U.S. mail, certified or registered mail, postage prepaid. If to City: City of Delray Beach City Clerk 100 N.W. 1~` Avenue Delray Beach, FL 33444 with a copy to: City of Delray Beach City Manager 100 N.W. 1~ Avenue Delray Beach, FL 33444 If to Delray Beach Wi-Fi: Delray Beach WIFI, LLC 1270 NW 165s' Street Miami, FL 33169 With a copy to: Steven E. Wallace, Esq. Ruden McClosky 200 East Broward Boulevard Suite 1500 FT1.:2180989:1 I4 Fort Lauderdale, FL 33301 or to such other individual or address as a Parry may designate for itself by notice given as herein provided. 33. PRIOR AGREEMENTS AND AMENDMENTS -This Agreement, including all attachments hereto, constitutes the entire agreement between the Parties. Except as set forth herein, there are no promises, representations or understandings between the Parties of any kind or nature whatsoever. Modifications to this Agreement shall be valid only if provided in a separate writing signed by an authorized representative of each Party. 34. EFFECTIVE DATE AND AUTHORITY -This Agreement shall become effective as of the Effective Date of this Agreement upon the authorized execution on behalf of both Parties provided, however, this Agreement shall become effective only upon acceptance by the City as provided in the City's Charter and if signed by the Mayor of the City of Delray Beach. a. This Agreement and other agreements, easements, permits and leases between the Parties as contemplated in this Agreement must be agreed upon by both the City and Delray Beach Wi-Fi and fully authorized and signed on paper by both Parties within 90 days after the date of this Agreement. b. As of the Effective Date of this Agreement, City is not aware of any court actions, City Council ordinances or pending actions, civil actions, challenges, laws, regulations or claims asserted or threatened, that if successful, would result in Delray Beach Wi-Fi not having all of the rights to perform as described in this Agreement. If after 120 days after the effective date of this Agreement, the City or Delray Beach Wi-Fi determines that sufficient progress has not been made or the conditions above have not been satisfied, then either Party may immediately terminate this Agreement, subject to all applicable law, upon written notice to the other. If the Network for Free Service is not operational within 180 days from the Effective Date of this Agreement, the City has the option to immediately terminate this Agreement. 35. DISPUTE RESOLUTION PROCESS Prior to termination of this Agreement or any litigation occurring between the Parties, each parry agrees to attempt to informally resolve their dispute by mediation between authorized representatives of each Parry. Such mediation shall not be less than two (2) hours in duration, and the Parties shall each act in good faith in attempt to so resolve their dispute. Such costs of mediation shall be equally divided among Delray Beach Wi-Fi and the City. Fn.:2~sows:~ 15 36. Intentionally deleted. 37. NETWORK UPGRADE. Delray Beach Wi-Fi shall upgrade the Network from time to time ' at its sole expense in order to take advantage of technology improvements and to ensure that its service offerings and speeds of providing, service are competitive in the consumer marketplace. The Parties note that one of Delray Beach Wi-Fi's vendors, Cisco Systems, routinely provides software upgrades; these will be installed timely by Delray Beach Wi-Fi as such upgrades become available, but in no event greater than 90 days after the date such upgrades are made available to Delray Beach Wi-Fi by Cisco Systems. Delray Beach Wi-Fi acknowledges that it is its intent to upgrade its system speeds as necessary to compete with similarly situated wireless broadband service providers in the market to ensure its end users have competitive product offerings, '' Delray Beach Wi-Fi agrees that it shall upgrade the Network providing both (i} free high speed Internet Access to the Free Digital Divide Households, and (ii) Free Service in the Free Service Zone on the same basis as it upgrades its remaining Network. 38. DEFAULT/RIGHT TO CURE. In the event Delray Beach Wi-Fi fails to fulfill a material obligation under this Agreement within the time period otherwise provided herein ("Default"), and has received a written notice of Default from the City, then, within thirty (30) days of receipt of such notice, Delray Beach Wi-Fi shall cure such Default, provided however, if such Default is unable to be cured within such third (30) day period, and Delray Beach Wi-Fi is undertaking reasonable efforts to effectuate a prompt cure, then Delray Beach Wi-Fi shall be afforded a period of time, up to an additional thirty (30) days, to complete its cure. If Delray Beach Wi-Fi does not complete its cure in accordance with the foregoing, or to the extent otherwise permitted in this Agreement, City may immediately terminate this Agreement, provided however, that any such termination shall in no way affect Delray Beach Wi-Fi's ability to continue provide, or the manner in which it provides, its Services to users apart from this Agreement. 39. AGREEMENT WITH FLORIDA POWER AND LIGHT. The City and Delray Beach Wi-Fi agree and acknowledge that Delray Beach Wi-Fi shall negotiate and enter into the Pole Sharing Agreements directly with FPL. Within ninety (90) from the Effective Date of this Agreement, Delray Beach Wi-Fi shall provide the City with: (a) evidence that no assets owned by third parties are required for Delray Beach Wi-Fi to perform under this Agreement; or (b) fully executed Pole Sharing Agreements. In the event Delray Beach Wi-Fi is unable to satisfy the requirements under this Section 39, then the City has the right to terminate this Agreement immediately upon delivery of written notice to Delray Wi-Fi. Termination by the City pursuant to this Section 39 shall not be subject to Sections 35 and 38. FTL:2180988:1 lb F1L:2180989:1 [Remainder of Page Left Blank Intentionally. 17 IN WITNESS WHEREOF, the Parties acknowledge and accept the terms, conditions and obligations of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shad become operative on the Effective Date. CITY y Name: R ~ tci. P.11• s - - -- ~'~ ~ C!~ ~- Title: ~- DELRAY BE H WIFI, LL By: ~ Name: Vincent J Ven Title: Managing Partner Approved as to form and legal sufficiency: ~~ ~~/. iy: ~~City Attorney F'TL:2180989:1 18 ~ t EXHIBITS EXHIBIT A: Definitions Defined terms not otherwise defined in this Agreement will have the meanings set forth below. a. "Commission" or "City Commission" means the City Council of City. b. "Deliverable(s)" means the work and result of the implementation, installation or consulting services that are provided to the City under this Agreement resulting in a component of the Network or the Services. c. "Delray Beach Wi-Fi" is a Delaware limited liability company whose majority owner is a-Path Communications, Inc. and whose minority owner is ATC International, Inc. d. "Design Control Documents" means the documents that describe the design of the Network and location of devices in the City that is mutually agreed upon by City and Delray Beach Wi-Fi. e. "Digital Divide" means the supplying of high speed internet access at a minimum rate of 512 kps. f. "Free Digital Divide Households" means those households entitled to receive free high speed Internet access in accordance with Section 13 of the Agreement. The Free Digital Divide Households aze not subject to the Service restrictions applicable to the Free Service in the Free Service Zone as those terms are defined herein. g. "Free Service" means up to four (4) hours of free public access outdoors per day per user for high speed Internet access in the Free Service Zone. h. "Free Service Zone" means the Atlantic Avenue corridor which shall span three (3) blocks north and three (3) blocks south along Atlantic Avenue from I-95 to the ocean. i. "Material Change of Service" as used in Section 6 means (1) a reduction in broadband internet access bandwidth by Delray Beach Wi-Fi to speeds consistently below 512 Kbps or (2) a reduction in the coverage level as set forth in Exhibit C. j. "Party" means either of City or Delray Beach Wi-Fi. k. "Parties" means both City and Delray Beach Wi-Fi. FrL:218Q989:1 19 f ~ Fl'L:2180989:1 1. "Person" means any individual natural person, firm, partnership, joint venture, entity, society, organization, club, association, trustee, trust, corporation, company or organization of any kind. m. "Services" means the voice, data, broadband, video and mobile communications and related products and services offered by Delray Beach Wi-Fi, including those described in any Statement of Work, including without limitation the Wireless Services made available to Subscribers, and the consulting, design, installation, implementation and maintenance services. n. "Schedule of Performance" means any event described in the Schedule of Performance Exhibit. o. "Subscribers" means any Person, that subscribes and pays for the Wireless Services provided pursuant to the Network. p. "Subscriber Access Agreement" means the agreement Delray Beach Wi-Fi requires Subscribers to accept or agree to in order to access and utilize the Services via the Network, a form of which is attached as Exhibit H. q. "Network" is defined on the first page of this Agreement, including the equipment installed by or on behalf of Delray Beach Wi-Fi in the City used to provide the Services described in this Agreement. r. "Underlying Rights" means all deeds, leases, easements, rights-of--way agreements, licenses, franchises, permits, grants and other rights, titles and interests that are necessary for the construction, installation, maintenance, operation, use or repair of the Network. s. "Users" means the individual computers authorized by a Subscriber io access or use the Wireless Services. t. "Wireless Services" means the services that enable communication through a wireless network using the Network without the need for cable or wire lines connecting the peripheral equipment to the Network. 2~ Exhibit B--Network Description The Network shall consist of Wireless nodes, apoint-to-multipoint fixed wireless backhaul network and microwave point-to-point high capacity backhaui links and the Delray Beach Wi-Fi backbone POP and Internet backbone connectivity. The Wireless layer shall initially be in a point to point and mesh configurarian and shall include up to 30 mesh Wireless router nodes per square mile which shall be compatible with standard 802.11 ab/g networking devices. Nothing herein shall prevent Delray Beach Wi-Fi from upgrading the Network to include emerging industry standards and specifications to meet market demands. Delray Beach Wi-Fi shall specify use of 200 mW 802.I 1 ab/g Wi-Fi equipment with 12 dBi high gain directional antenna in order to achieve indoor coverage. The point to multipoint backhaul connectivity shall include devices that operate in S.7 GHz, S.2 GHz, and 900 MHz unlicensed spectrum. Delray Beach Wi-Fi may utilize devices that operate in other unlicensed spectrum bands in order to meet the SLAB in Exhibit F and market demands, provided such use does not cause interference with any pre-existing users. F'R:218Q989:1 2i 1 ;~ ~ Exhibit C--Schedule of Performance Delray Beach Wi-Fi shall 1) Complete construction of the Free Service in the Free Service Zone, which shall be operational within 180 days of the Effective Date of this Agreement; 2) Build, activate portion of City east of 195 - 60 days thereafter; 3) Build, activate portion of City that is west of 195 - 60 days thereafter. Free Service Delray Beach Wi-Fi shall offer Free Service outdoors only for up to 4 hours daily per user in the Free Service Zone, as designated in the Agreement. Users enjoying the Free Service shall receive minimum prescribed speeds of S 12 kbs and an availability rate of not less 90%. It is Delray Beach Wi-Fi's intention to provide such users with the same quality and excellence in user experience and customer support as other users of the Network. FTL:2180989:1 22 EXHIBIT D -City-Owned Assets Delray Beach Wi-fi shall be entitled to use City-owned Assets, upon the prior approval of the City, as determined by the City in its sole discretion, and where there are no other conflicting uses. City-owned Assets are defined as City structures that are able to be used for installation of Wi-Fi equipment, including such things as buildings, poles, and retractable towers, but do not include any City network. If there is no asset available, whether aCity-owned Asset or third-party asset, to which it is technically or economically feasible for Delray Beach Wi-Fi to attach, which is necessary for the provision of Free Service in the Free Service Zone, then Delray Beach Wi-Fi shall have no obligation to provide the Free Services in those areas where coverage is affected by Delray Beach Wi-Fi's inability to attach its equipment, without any liability or additional obligation to Delray Beach Wi-Fi. F7'L:2180989:1 23 w Exhibit F-Service Level Agreement If necessary, the Parties shall work together in good faith to develop and agree upon additional service level agreements as are reasonable and advisable. Such SLAB, if determined necessary, shall be finalized on a schedule to be agreed and appended to this Agreement by Delray Beach Wi-Fi and the City. ...Targeted SLAa fat Wlrr Brawlabsnd Network Operation CATEGORY DEI~'INI"I'ION SERVICE LEVEI. MEASUREMENT Network Coverage FREE SERVICE ZONE Indoor coverage as 90% outdoor coverage measured on ground floor of building in a ALL OTHER AREAS room on outer edge of 70% indoor and outdoor building facing the coverage Access Point utilizing a 12 dBi high gain antenna and 200 mW CPE radio Network Reliability - The reliability of the 95% uptime Measure daily and Mesh Layer connection from the report monthly. Tool: Network Interface Remedy / Network Devices, such as mesh Management System Wi-Fi router nodes to Delray Beach Wi-Fi certified customer premises equipment (CPE) Network Reliability - The reliability of the 95 % uptime Measure daily and Backhaul connection from the report monthly. Tool: Network Interface Remedy / Network Devices, such as mesh Management System. Wi-Fi router nodes or Point to Multipoint Tower Access Point equipment, to the Dehsy Beach Wi-Fi System Facilities. Network Outages Not to exceed 4 Measure daily and continuous hours report weekly if exceeding the service level, otherwise reported monthly. Toot: Remedy / Network M ement S tem Wi-Fi Broadband 90% of outdoor Measure daily and Products Performance locations for FREE report monthly. Tool: Criteria SERVICE ZONE, and Remedy / Network 70% of outdoor and Man ement S stem FTL:2180989:1 24 indoor locations for ALL OTHER AREAS within coverage area capable of achieving Minimum 1 Mbps upstream / 1 Mbps downstream connection. IP Address Pool Availability of 1P <=70% utilization per Reported monthly. Addresses within pool or such lower designated IP Address utilization rate resulting pools from ARIN's allocation of IP addresses. Maintenance Mean Tone to Response Critical <= 3 hours Measure daily and Major <= 6 hours report monthly. Minor <= 24 hours Critical: The condition 30 days advance impacts approximately notification for 10% of Service scheduled maintenance Subscribers. activity. Major: The condition impacts approximately 5% or more (up to Critical Level) Service Subscnibers. Minor: The condition impacts less than 1% Service Subscribers. Customer Care Average Speed to 80% of all inbound calls Measure daily and Answer (ASA) Calls to Service Provider Tier report monthly. Tools: from Subscnibers to 1 will be answered ACD Switch Reporting. Service Tier 1 Agents. within 180 seconds Note: All percentages and numbers of performance are subject to Force Majeure Reagfting! ht to Cure. Unless otherwise specified, all Service Levels referenced above shall be calculated and reported on a monthly basis. To the extent Delray Beach Wi-Fi is unable to meet the specified Service Level(s) during more than 25% of the applicable reporting period ("Minimum Performance Threshold"), then Delray Beach Wi-Fi shall cure such deficiency within 30 days of the last reporting period. If Delray Beach Wi-Fi is unable to cure such deficiency within the 30 day period, or if Delray Beach Wi-Fi fails to meet the Minimum Performance Threshold for a given Service Level during two (2) reporting periods (each reporting period is monthly) within any six (6) month period, then City may immediately terminate this Agreement upon written notice to Delray Beach Wi-Fi. The Service Level obligations of Delray $each Wi-Fi, and the rights of City granted under this Section are fully subject to all Force Majeure Events and the provisions of Section l 8 of the Agreement. FR:2180989:1 zs FTL:2180989:1 26 ~- EXHIBIT F-1 -- Cor~linuous and Centralized Network nwnitori~ig /perforrnauce ma~tagefnent and Customer Care Using WCS Software network managers design, control, and monitor wireless mesh networks from a centralized network operations center. With the WCS Software, administrators have a solution for RF prediction, policy provisioning, network optimization, troubleshooting, user tracking, security monitoring, and WLAN systems management. Graphical interfaces make wireless LAN deployment and operations simple and cost-effective. The NOC will have the tools to monitor all aspects of the System in real-time, with the tools that will be available to maintain the health of the System. Logs and Reports Pertinent information will be logged, such as wha is connected to which node, the amount of traffic any client is transferring, System bandwidth utilization, failed login attempts, etc. • This information will be readily available to System management at all times. • Designated personnel will have access to reports and statistics on the entire System and its use. • Automated reporting is expected, outlining both the state of the equipment (operational and non-operational elements) as well as the full log of customer support issues (no connectivity, low signal, slow speed, blocked ports, etc.), component utilization. • Proactive Capacity Planning, Modeling, and Reporting - Overall System `health' - POP - Network Backhaul - Wireless Broadband Network - Service Models Use and Consumption Alarm and Error Management Support for error/fault prediction, prevention, and correction capabilities. The network devices will be able to send alarms to a central management station and monitoring personnel. Whenever possible, self-healing capabilities are highly desirable to keep the System running healthy. The solution is able to isolate defective components in order to keep the rest of the System operational. • Support for Simple Network Management Protocol (SNMP) industry standazds. • Identify and remove abusive nodes and/or consumer • Rogue Access Paint or Base Station • Denial of Service Attacks • Attempts to continuously capture/use excessive bandwidth • Failed and failing equipment FTL:2180989:1 27 f Network administrators will use the Cisco Wireless Mesh Networking Solution with access to dynamic, system wide 1ZF management, including a host of features for smooth wireless operations, such as dynamic channel assignment, transmit power control, and load balancing. A single graphical interface is used for system-wide policies, including VLANs, security, and QoS. Delray Beach Wi-Fi engineers can also use Cisco WCS Software to perform wireless mesh planning, configuration, and management. Using WCS Software network managers design, control, and monitor wireless mesh networks from a centralized network operations center. With the Cisco WGS Software, admnustrators have a solution for RF prediction, policy provisioning, network optimization, troubleshooting, user tracking, security monitoring, and WLAN systems management. NOC Operational Support Services The OSS will perform branded Tier 1 call center services in support of the Delray Beach Wireless Network. Call Center will accept inbound end-user telephone calls to the Call Center 24x7x365. Each customer will be provided with Ca11 Center telephone number for use for end-user related calls. The Call Center provides Level 1 end-user related technical support and addresses customer service issues such as difficulty with sign-up, SS1D configuration, log in difficulties and password resets. If the end-user has other questions or his or her questions are outside of the scope of the Call Center, the Call Center staff will direct end-users to the NOC to obtain their answers. Call Center calls will be logged with information on call center tickets including open and closed tickets as well as new user tickets. Best effort is made to resolve any customer concerns immediately. Guaranteed response time is within 6 hours for a residential client and 3 hours for a commercial client. Technical Support: Basic l~Fi card driver help The Call Center will attempt to determine if the end-user has a working WiFi Card that is locating a Wireless Signal by using guidelines set for the most common types of WiFi Cazds. SSID configuration The Cali Center will verify what the correct SSID is for the location that an end user is accessing. The Call Center will attempt to verify that the end-user has the correct SSID set in their Network Connection, using a basic guideline developed for the most common operating systems, and the most common WiFi cards. Fn.:2tsosas:~ 28 Login di, fj'~culties The Call Center will review with the end-user the correct format for the username on the log in pages. The Call Center will attempt to verify that the correct settings are enabled in the end-user's browser, and verify that the end-user is not using security software that may be blocking access. Network outage notification The Call Center will email a notice to the network operator if they are unable to ascertain that a location is functioning. This notice will be sent via the system using the trouble ticket system and only after three instances have been received, by the Call Center, on the same issue from the same location. If a network operator is going to be taking a location offline or otherwise is aware of a location not functioning, it is their responsibility to contact Call Center of this outage. Location specific coverage issues The Call Center will verify the Location details of the Hotspot that the end-user is accessing, and will direct the end-user to any specific coverage Location that is listed on the providers directory. E-mail The Call Center will provide the end-user with the settings needed to send and receive email over a wireless connection using the most common email programs. if end-user has any other questions, hey will be directed to the network operator/service provider to obtain their answers. All end-user questions will be directed tv the network operator/service provider via an email. Basic Support General questions regarding Service & Locations: The Call Center will answer general questions about how WiFi Service works. For example, "Do I need a wireless card" or "How do I use the service," or "Is my connection secure?" The Call Center will access the network operator/service provider's sign-up page to answer questions about service. The Call Center will also verify for the caller where service is available by accessing the directory. New account sign-up The Call Center will encourage the end-user to access the network operator's sign-up pages to create a new account. The Call Center will determine which sign-up pages to use based on the phone number dialed into by the end-user. The Call Center will only sign-up users that can get to the login page (either by re-direct or entering the direct URL), but are having problems with the sign-up process itself Password changes The Call Center will reset a password on an existing end-user's account. Usage and roaming questions: FTL:2180989:1 29 The Call Center will relay any information that they have available to them via the Web Interface regarding the end-user's historical usage. If end-user has any other questions they will be directed to the network operator/service provider to obtain their answers. All end-user questions will be directed to the network operator/service provider via an email sent by the Call Center. Delray Beach Wi-Fi customer care is built from the ground up using service orientated architecture (SOA). Our 24/7/364 call center is United States based. Our customer care representatives have extensive training. They know the answers to our customers' requests and solutions occur quickly. Ease and speed, caring for and responding to our customer's questions, comments and concerns, is the company's high priority. When a customer concern cannot be answered in the initial call, the customer care representative will file a report with the System Administrator within 6 business hours. By way of example: when a member of our Customer Care team (call center) is unable to address the concern, ticket number will be issued and logged. Customer Laze member will forward the ticket number to NOC Team and they will work with the client on resolving the issue and closing the ticket. Guaranteed response time is within 6 hours for residential and within 3 hours for a commercial client. Soilware solutions will be remedied through the Network Operating Center. Hazdware issues will be handled on-site by the maintenance team. A service desk that acts proactively is critical to any business customer with e-services. Aelray Beach Wi-Fi utilizes the Service Oriented Architecture (SOA} approach as our customer support and Fulfillment OSS standards to ensure prompt response and call tracking. Delray Beach Wi-fi utilizes a comprehensive, scalable IT service desk solution based on a unified configuration management foundation. We can easily streamline IT service processes as well as manage the IT service life cycle through comprehensive service level management capabilities. Built on ITIL principles and leveraging industry best practices, our process enables us to manage IT services and provide effective controls far our critical service support and service delivery processes. Features include: • Complete Help Desk Management solution handles end user calls as well as automated alerts and events from infrastructure management solutions • Comprehensive Change Management solution to control IT infrastructure change and improve service availability F r~:2~ aosss: ~ 30 ~ ,. Exhibit G -Additional Work and Safety Requirements This Exhibit G contains minimum requirements and specifications governing use and occupancy of City's mounting assets or those of third parties. Delray Beach Wi-Fi's facilities shall be placed and maintained in accordance with the requirements and specifications of the rules and regulations of the Public Utilities Commission, including General Order No. 95 (G.O. 95), the National Electrical Code (NEC), the National Electrical Safety Code (N.E.S.C.), the rules and regulations of the Occupational Safety and Health Act (OSHA), all of which are incorporated by reference into this Exhibit G, and of any governing authority having jurisdiction over the subject matter. Where difference in specifications may exist, the more stringent shall apply. All requirements of the National Electrical Safety Code referred to in this Agreement shall mean the current edition of such code and shall include any additional requirements of any applicable Federal, State, County or Municipal Code or regulatory body, including the State Public Utilities Commission, with jurisdiction over City. Reference to either the Safety Code, or to N.E.S.C., have the same meaning. Upon completion of work, Delray Beach Wi-Fi shall remove all of its tools, unused materials, wire clippings, cable sheathing and any other similaz matter. All of Delray Beach Wi-Fi's wiring, cables, equipment and facilities shall be firmly secured and supported to the satisfaction of City's authorized representative or applicable requirements of the building code in effect for South Florida. All of Delray Beach Wi-Fi's cables, equipment and facilities shall be plainly identified with a firmly affixed tag of a type and wording satisfactory to City. Delray Beach Wi-Fi shall require that all its work crews or any of its contractors and subcontractors: (i) are familiar with all power line rules, requirements, regulations, standards and guidelines under G.O. 95 and N.E.S.C.; (ii) survey the area in which work is to be performed before commencing such work and make a determination that the required work can be completed safely; (iii) survey the area in which work is to be performed before commencing work and make a determination that any electrical power lines are in conformance with G.O. 95 and N.E.S.C.; and (iv) proceed with such work only upon making such determinations. If the work crew determines that such work cannot proceed safely, or if such electrical power Iines are not in compliance with either G.O. 95 or N.E.S.C., Delray Beach Wi-Fi shall immediately notify City of such condition, in detail, and shall not commence work at such location until so directed by City. it is understood and agreed by Dekay Beach Wi-Fi that there is no instance in which it is safe or proper for a Delray Beach Wi-Fi worker (whether working for or on behalf of Delray Beach Wi- Fi), or a worker's equipment, to come into contact with the electrical current from an energized electrical power line. FTL:2780989:1 31 AMENDMENT NO. 1 TO THE WIRELESS BROADBAND AGREEMENT BETWEEN DELRAY BEACH WIFI, LLC AND THE CITY OF DELRAY BEACH DATED MAY 11, 2007 THIS AMENDMENT No. 1 to the Wireless Broadband Agreement dated May 11, 2007 between DELRAY BEACH WIFI, LLC {"DBWF") the CITY OF DELRAY BEACH ("City') is hereby amended'this a `~ day of ~~a 2~try2~ , 2008. WITNESSETH: WHEREAS, the parties entered into an Agreement dated May 11, 2007 {the Agreement); and WHEREAS, DBWF has failed to comply with the time frames to install wifi service in the City as a result of time delays in executing agreements with Florida Power and Light for the use of their poles; and WHEREAS, the parties wish to amend the Agreement to allow for an extension of time to allow DBWF to install wifi service in the City. NOW, THEREFORE, the parties hereto in consideration of the covenants herein contained agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modification. The Agreement shall be modified to provide that DBWF shall complete the installation of and make operational the wifi service in the Free Service Zone by April 18, 2008. The Free Service Zone encompasses the Atlantic Avenue corridor from I-95 to the beach and extends 3 blocks north and 3 blocks south of Atlantic Avenue. DBWF shall have 90 days from April 18, 2008 to build, install and make operational the portion of the wifi service in the City east of I-95 and then 90 days thereafter to build, install and make operational the portion of wifi service in the City west of I-95. However, pursuant to Exhibit "A", attached hereto and incorporated herein, that shaded area in portions of the NW and SW areas {that resembles a boot) shall not be subject to these timelines as DBWF is prevented by third parties from installing its equipment on the FPL poles or on the property, except DBWF shall still provide free service on Atlantic Avenue through the shaded area (that resembles a boot}, but this shall not include 3 blocks on each side of the avenue, unless DBWF determines it may be able to use other structures to attach its equipment, which will enable it to provide the free service through the shaded area. DBWF shall, nevertheless, demonstrate that it has used reasonable diligence to attach wife equipment through the shaded area without attaching to FPL poles so as to minimize the shaded area not provided wifi service. Notwithstanding the foregoing, DBWF shall install wifi service in the shaded area within 60 days of receiving permission from FPL or the property owner. 3. Entire A reement. Except as modified by this amendment, the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date written above. AT ST~;~ . __ ~r City Clerk... _ ,~ . ~p ~,,, ,~~ CITY Y BEAC Mayor, Rita Ellis .y 8 ~~ ~. - Approued ~ ~ rm ~~' _, ~r-~ ~~„City Attorney 2 WITNESSES: m ,~~~ nt or Ty a Name) /t/t~r(•rS ~tt o4~/L ~ {Print or Type Name) DELRA By: HnnWIF/LLC ti! ~p v~N~~T ~~~ ~y. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain agreement dated May 11, 2007 and originally between the City of Delray Beach and Delray Beach WIFI, LLC, does hereby give consent to the assignment of the agreement from Delray Beach WIFI, LLC to a-Path Communications of Delray Beach, Inc. which shall assume and agrees to all terms and conditions of the original Agreement and Amendment No. 1 to the original Agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this ~ day ., of - f ~ , 200 y ~~..~. - -.:- ~~~~~ ,. ,,~ ~~ By: City Clerk Approved as_to~lega~ form and Suff ciency By: ~`~'`T" City Attorney WITNESSES: ~ ~----~ -. 1~ J" 7 ;T ~ (Print or Type Name} (Print or ype Name) CITY ELRAY BEACH, FLORIDA C r ~ ti, By: ` Rita Ellis, Mayor e-PATH COMMUNICATIONS OF DELRAY BEACH, IN By: P ~r;;~.c ~/~Fa MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 9.,T. -REGULAR COMMISSION MEETING OF MAY 6, 2008 SETTLEMENT OFFER IN CLAIM OF ROBERT HAUPTFUHRER V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Settlement Offer in Claim of Robert Hauptfuhrer v. City of Delray Beach BACKGROUND On March 17, 2008, Mr. Hauptfuhrer, through his attorney, Frederick Ford, offered to settle a claim he has against the City. After Hurricane Wilma in 2005, Mr. Hauptfuhrer's boat was impaled on the 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 alleges that the City is responsible for the replacement value of his Searunner 37 Cruising Trimaran and all personal property that he claims he had inside the boat when it was towed away. According to Mr. Hauptfuhrer, the total value of the vessel and all personal property items is $363,150.00. Mr. Hauptfuhrer is also seeking treble damages of twice the amount of his alleged damages for a total settlement of $1,089,450.00 ($363,150 x 3). The City Attorney's Office recommends denial of this offer. The City Attorney's Office did propose a counteroffer to the original proposal of $17,500.00 based on the appraised value of the vessel of $15,000.00 plus $2,500.00 for personal property items which was subject to City Commission approval. The Plaintiff refused the City's counteroffer and offered to settle for $1,089,450.00. At this time, the City Attorney's Office recommends denial of Plaintiff's offer, but seeks City Commission authorization to offer $25,000.00 to Plaintiff for the vessel and any personal property items that may have been on board subject to execution of general releases. MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Esq. THROUGH: City Attorney DATE: May 1, 2008 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF MAY 6, 2008 OFFER OF .TUDGMENT IN HEATHER LEITCH V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Offer of Judgment in Heather Leitch v. City of Delray Beach. BACKGROUND The plaintiff Heather Leitch was hit in the chest by a stray bullet during the 1st Night Celebration of 2006. The plaintiffs medical expenses total $19,776.60. The plaintiff is also alleging that she had to have a Cesarean Section for the birth of her child due to the bullet being lodged in her chest and is claiming damages for such. The plaintiff has submitted an offer of judgment in the sum of $100,000.00 RECOMMENDATION City Attorney recommends Denial. IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CSRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA HEATHER LEITCH, CASE N0.2007 CA 00B573XXXXMB AF Plaintiff, vs. CITY OF DEt_RAY BEACH, and INTERNATIONAL ALLIANCE OF FIRST NIGHT CELEBRATIONS. INC. Defendants. PLAINTIFF'S OFFER OF JUDGMENTIPROPOSAL FOR SETTLEMENT TO DEFENDANT CITY OF DEL,RAY BEACH The Plaintiff, HEATHER LEITCH, by and through her undersigned attomeys, and pursuant to FIa.R.Civ.Pro. 1.442 and Florida Statute § 768.79, hereby offers to take judgment and makes the following proposal to settle her case againstthe Defendant, CITY OF DELRAY BEACH (only), in the total sum of ONE HUNDRED THOUSAND DOLLARS and 001100 cents ($100,000.00), in full satisfaction of all pending claims Plaintiff has against the aforesaid Defendant, each party to bear their own respective attorneys' fees and costs. This proposal is made in an attempt to resolve Plaintiffs daim against Defendant, CITY OF DELRAY BEACH (only) for alleged personal injuries as a. result of a gun firelshooting incident which occurred on or about December 31, 2005. This proposal for settlement/offer of judgment shat! not be combined with any other proposals for settlement or offers of judgment filed under any Florida Rule of Civil Procedure or Florida Statute. I HEREBY CERTIFY that a true and correct copy of the above and foregoing was mailed this ~ day of ~ L , 2008 to: Catherine M. Kotal, Esq., 300 W. Atlantic Ave., Delray Beach, Fl. 33444; and Eric M. Zivitz, Esq., SO S.W. 8'" St., Ste. 3300, Miami, FI.33130. METNICK, LEVY & LONG, P.A. Attorneys for Plaintiff 5150 Linton Boulevard, Suite 320 Delray Beach, Florida 33484 (561 } 498-9979 _ ~ n By: MATTHEW . I-E , ESQ IRE FI..A. BAR NO.: 004 01 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Esq. THROUGH: Susan A. Ruby, City Attorney DATE: Apri130, 2008 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF MAY 6, 2008 AUTHORIZATION TO OPT OUT OF A CLASS ACTION LAWSUIT ITEM BEFORE COMMISSION The City Attorney's Office is seeking authorization to opt out of a class action lawsuit entitled, Addison and Petit v. City of Tampa. BACKGROUND The City Attorney's Office is seeking authorization to opt out of a class action lawsuit entitled, Addison and Petit v. City of Tampa, which defines members of the Defendant Class as: "All incorporated Florida municipalities and all Florida counties that, at any time on or after June 10, 1999, had or now have, and enforced or now enforce, any ordinance under which it imposed or imposes a municipal or county occupational license tax or fee authorized by Chapter 205, Florida Statutes, on any attorney who maintained or maintains a permanent business location or branch office for the practice of law at a location subject to the municipality's jurisdiction (as to municipalities) or engaged or engages in the practice of law at a location subject to the country's jurisdiction (as to counties)." The Plaintiffs in the case are seeking a declaration that each of the cities' and counties' occupational license tax ordinances are an unconstitutional regulation of the practice of law, in violation of Article V, Section 15, of the Florida Constitution, a refund from each of the cities and counties of all occupational license taxes paid by attorneys since June, 1999, an injunction prohibiting enforcement of occupational license tax ordinances against attorneys, and an award of attorney's fees and costs. The City does impose a local business receipt tax (occupational license tax) on all attorneys that have a permanent business location or branch office for the practice of law in the City of Delray Beach, therefore, the City will likely be effected by the outcome of this case. Currently, the City is collecting license taxes from approximately nine (9) attorneys at a fee of $142.00 for a total of $1,278.00. The City's Code Enforcement Division is in the process of citing additional attorneys that have not paid their local business receipt tax and that is likely to result in an additional increase of $2,000.00 in fees collected. If the City opts to participate in the class action lawsuit, we may be asked to "participate equally in the payment of all costs, counsel fees, and any other professional fees incurred by the City of Tampa in defending members of the Defendant Class." These fees and costs are likely to be more than the approximate $3,000 in lost revenue. If the City decides to opt out of participating in the class action lawsuit, we will retain the right to pursue our own action at a later date but will likely still be effected by the court's ruling in this case. The City Attorney's Office is seeking authorization from the City Commission to opt out as a member of the Defendant class because the undisclosed fees and costs associated with participating as a member of the class are likely to exceed any revenue amount that would be generated through collection of the fees. FUNDING SOURCE n/a RECOMMENDATION Recommend approval. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: Apri129, 2008 SUBJECT: AGENDA ITEM 9.M. -REGULAR COMMISSION MEETING OF MAY 6, 2008 APPOINTMENT TO THE BOARD OF AD,TUSTMENT ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Board of Adjustment. BACKGROUND At the direction of the City Commission, by virtue of Ordinance No. 47-07, the Board of Construction Appeals and the Board of Adjustment were combined. The Board of Construction Appeals was disbanded and their duties added to the Board of Adjustment. Ms. Patricia Neyra who was recently appointed to the Board of Adjustment resigned effective April 17, 2008. The resignation letter is attached for your review. This creates a vacancy for an alternate member to serve an unexpired term ending August 31, 2009. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. The following individual has submitted an application and would like to be considered for appointment: James Houck (was a regular member on the Board of Construction Appeals) 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 appointment will be made by Mayor Ellis (Seat #5) for one (1) alternate member to serve an unexpired term ending August 31, 2009. RECOMMENDATION Recommend appointment of one alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. 04/ 08 BOARD OF ADJUSTMENT TERM EXPIRES REGULAR MEMBERS OCCUPATION 08 /31 /2009 Sigurdur Hardester Manager Appt 10/05/04 tmexp alt Re-appt 08/16/05 alt Re-appt 02/06/07 tmeap reg Re-a t 03/03/08 08 /31 /2008 Mel Pollack, Qiair Director-Security Alt Appt 08/19/03 Reg appt 01 /06/04 Unexp Reappt 08/03/04 Reappt 08/15/06 08 /31 /2008 Clifton NTiller Retired G eneral Unexp Appt 10/05/04 alt Contractor Unexp Appt 04/05/05 reg Reappt 08/31/06 08 /31 /2008 Harvey Stariry Vice Qiair Realtor Alt appt 01/13/04 RegAppt 08/03/04 Reappt 08/31/06 08 /31 /2009 Jess Sowards Architect Unexp Appt 05/01/07 alt R-eappt 02/19/08 alt t 03/03/08 re ALTERNATES 08 /31 /2009 Semard Federgreen Director of Operations Unexp Appt 02/20/07 R-eappt02/19/08 08 /31 /2009 Vacant Une A t Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Brian Shutt & Donna Quinlan Fax final Board Order to Chair Person for signature Copy of approved minutes to Donna Quinlan & Al Berg. S/City Clerk/Board 08/Board of Adjustment APR 2 1 2008 ~~1T~' ~~~R~ EASTERN DEVELOPMENT, INC. i l4 Nw ~~ street Delray Beach, FL 33444 R~~R'VED ~ ~ ~ , ~ . Office: 561-276-388d ,~-F,° ~ ~i• ~(i Cell: ~s4-d84-8sos ~R ~ j ~ ~ ~ d MAID I Fax: 361-272-7746 E-Mail Eastern123(c~aal,com FACSIMILE DATE: April 17, 2008 TO: David Barden, City Manager FROM: Patricia Neyra 1tE: Board of Adjustment Alternate Member Please be advised that Y will be moving to Ft. Lauderdale & therefore would Gke to resign effectively immediately as momber ofthe above referenced board. CC: Palm Beach Courrty Supervisor of Elections ~• V P.11.~ cR ~o ~+~o 4 f a~ f o g MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: Apri129, 2008 SUBJECT: AGENDA ITEM 9.N. -REGULAR COMMISSION MEETING OF MAY 6, 2008 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before Commission for an appointment to the Delray Beach Housing Authority. BACKGROUND Mr. Alfred Etienne, regular member of the Delray Beach Housing Authority, resigned effective March 28, 2008. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending July 14, 2010. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. 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. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation for appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve an unexpired term ending July 14, 2010. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term ending July 14, 2010. ALFRED ETIENNE ,~ _ ~ , - 7575 STIRLING BRIDGE BOULEVARD DELRAY BEACH, FLORIDA 33444 ~ ~ ~~~~SS~~ `~"' '"`~ March 28, 2008 Mayor Rita Ellis City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444 Deaz Mayor Ellis: It is with regret that I am submitting my resignation as Commissioner of the Delray Beach Housing Authority effective as of this date. It has been an honor and privilege to be part of such a dedicated and committed group for the past nine years. Thank you for the opportunity to be a part of the Delray Beach Housing Authority's Board of Commissioners. Sincerely, Ci" " ~ - r ALFRED ETIENNE Cc: Dorothy Ellington Delray Beach Housing Authority RECIEIVED APR 0 r; 2008 CITY CLERK DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Edward Desmond (currently serves on the Public Employees Relations Commission) Joe Farkas Gerald Franciosa Philip Friedman (currently serving on the Nuisance Abatement Board) Stefanie Gapinski Pearl Markfield Elrod (also applying for the Downtown Development Authority) George Maso Alan Weitz Russell Yeager DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 770 SW 12~ Terrace Delray Beach, FL 33444 01/08 TERM REGULAR MEMBERS EXPIRES 07/14/2008 Joseph Sernadel, QZair Unexpired Term 07/16/02 Reappt 06/08/04 07/14/2010 Vacant Unexpired Term 03/02/99 Reappt 07/02/02 Re t 07/11/06 07/14/2010 Sylvia Morris Unexp Appt 07/10/07 07/14/2009 Angela D. Randolph, Vice Qiair Appt 07/24/01 Reappt 06/21/05 10/27/2011 QZristel Silver Appt 11/6/07 03 /06 /2010 Morris L. Weinman Unexpired Term 03/06/01 Reappt 02/05/02 Re t 02/21/06 07/14/2010 ThuyShutt (Twee) Appt 07/11/06 Director: Dorothy E llington Contact: Nina Levina/Jaclde 272-6766 X-18 nlevine@ dblla.org Housing Authority 278-4937 Fax 272-7352 S/City Clerk/Board 07/Defray Beach Housing MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: Apri129, 2008 SUBJECT: AGENDA ITEM 9.0. -REGULAR COMMISSION MEETING OF MAY 6, 2008 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before Commission for an appointment to the Parking Management Advisory Board. BACKGROUND Ms. Bonnie Beer, representative of the Atlantic Avenue Corridor east of the Intracoastal Waterway, resigned March 20, 2008. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending January 31, 2010. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road A-1-A within the corporate limits of the City. The following individual has submitted an application and would like to be considered for appointment: John Gergen Caffe Luna Rosa A check for code violations and/or municipal liens was conducted. None were found. A check to confirm that he is a registered voter was completed and he is not registered. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve an unexpired term ending January 31, 2010. RECOMMENDATION Recommend appointment of one regular member to the Parking Management Advisory Board to serve an unexpired term ending January 31, 2010. PARKING MANAGEMENT ADVISORY BOARD 01/08 TERM MEMBERS CATEGORY EXPIRES 08 /31 /09 Charles Halberg P & Z Appt 08/20/07 Ratified 10/2/07 08/01 /08 David Cook Chamber of Appt 07/18/06 Commerce Ratified 08/15/06 07/01 /09 William Branning CRA Appt 07/26/07 Ratified 08/21/07 09 /30 /08 Peter Pem WARC Unexp Appt 05/10/06 Ratified 07/11/06 Reappt 09/13/06 Ratified 12/12/06 08 /01 /08 Herman Stevens DDA Unexp Appt 06/12/06 Ratified 07/11/06 Reappt 07/20/06 Ratified 09/05/06 01 /31 /10 Mark Denkler, Vice Qiair Atlantic Avenue Comdor Amt 02/21/06 Between Swinton Reappt 01/15/08 Avenue and the Intracoastal 01 /31 /10 Alan Komblau Atlantic Avenue Comdor Unexp Appt 01/03/08 BetwE`eTl SW1Tlton Avenue and Interstate 95 01 /31 /10 Vacant Atlantic Avenue and unexp Amt State Road AIA Comdors and lying E ast of the Intracoastal Waterwa 01 /31 /10 Cecelia Boone Old School Square Unexp Appt 03/21/06 H1Stor1C AY'fS Di<stnct Re t 01/15/08 01 /31 /09 Nancy Schneider Citizen at-Large Amt o1/02/07 01 /31 /09 Troy Wheat, QZair Citizen at-Large Amt o1/06/04 unexp Smith Barney Reappt 01/04/05 Reappt 01/02/07 Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner G ary E liopoulos PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS 01/08 TERM MEMBERS CATEGORY EXPIRES 08 /31 /08 Joe Pike amt 08/18/06 315 Lake Eden Way P & Z Ratified 10/3/06 Delra Beach, FL 33444 08 /01 /08 Chamber of Commerce acant 07/01 /08 Peter Arts Appt 06/08/06 1746 Fern Forest Place CRA Ratifiedm/11/06 Delra Beach, FL 33445 09 /30 /08 eginald Cox Unexp Appt 06/14/06 15 NW 2nd Street WARC Ratified 07/11/06 Reappt o9/U/o6 elraySeach, FL 33444 Ratified 12/12/06 08 /01 /08 ran Marincola amt m/2o/o6 1138 Vista Del Mar Drive DDA Ratified o8/15/06 elray Beach, FL 33483 Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner G ary E liopoulos Bonnie Beer 8949 Sandy Crest Lane Boynton Beach, FL 33437 561-271-5835 March 20, 2008 Scott Aronson Venice Cobb Parking Advisory Board City Of Delray Beach 100 NW 151 Avenue Delray Beach, )~L 33483 Dear Mr. Aronson: Please accept this as my letter of resignation from the parking Advisory Board for the City of Delray Beach. Due to scheduling conflicts, I will be unable to finish my term. Thank you for the opportunity to serve the time that I did. Yours truly, Bonnie Beer MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggard, Jr., AICP, Principal Planner Mark McDonnell, AICP, Acting Director Planning and Zoning THROUGH: City Manager DATE: Apri129, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MAY 6, 2008 ORDINANCE NO. 17-08 -TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2008- 1 ITEM BEFORE COMMISSION Due to additional time needed to complete the amendment, staff requests continuation of the Transmittal Hearing for Comprehensive Plan Amendment 2008-1 to the meeting of May 20, 2008. MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER MARK MCDONNELL, AICP, ASSISTANT DIRECTOR PLANNING AND ZONING THROUGH: David T. Harden, City Manager DATE: May 1, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MAY 6, 2008 ORDINANCE N0.31-07 ITEM BEFORE COMMISSION The item before the City Commission is a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses and (F) Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the uses and development standards of the CBD (Central Business District) zoning district. BACKGROUND At its October 2, 2007 meeting, the City Commission considered this item on first reading and voted to approve the proposal by a vote of 4-0. However, the City Commission also directed the applicant to meet with Staff before second reading to discuss possible alternatives. The applicant met with Staff and subsequently requested a postponement of Second Reading for the proposed LDR amendment. The aforementioned alternatives were sought via a Class V Site Plan Application and Certificate of Appropriateness which were reviewed by the Historic Preservation Board at its March 6, 2008 meeting. The applications and their associated relief requests were denied and an appeal has been filed for the City Commission to reconsider those decisions. However, should the appeal not be upheld by the City Commission, the applicant still desires to move forward with the subject LDR amendments. The City received a letter from Jason Mankoff dated April 30, 2008 requesting that this item be postponed to the June 3, 2008 meeting; the item remains listed on the agenda since it was previously postponed to the May 6 meeting and was already advertised. RECOMMENDATION Staff recommends granting the applicant's request for postponment to the June 3, 2008 regular Commission meeting. WEINER, ARONSON & MANKOFF, P.A. ATTORNEYS AT LAW 10 S.E. 1 ~ Avenue Delray Beach, FL 33444 Telephone: (561) 265-266fi Telecopier: (5S1) 2y2-6831 E-mail: jmankQff cr zanelaw.com MICHAEk. S. WEINER CAROLEJ.ARONSON JASON S. MANKO~F April 30, 2008 Ms. Chevelle Nubin City Clerk The City of Delray Beach 100 N.W.-1st Avenue Delray Beach, FL 33444 Re: 36 S.E. 1~ Ave. Our File No.: ZENJ007 Dear Chevelle and Paul: KERRY D. SAr=1ER STEPHEN B. GEBEE.OFF Via Hand DeliveN Mr. Paul Doming Director of Planning and Zoning City of pelray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 We respectfully request a postponement of the appeal of the Historic Preservation Board Decision and Text Amendment, each pertaining to the property located at 36 S.E. 15t Avenue, until the June 3, 2008 City Commission meeting. nk you very much #or your consideration in this matter. Very tr l ours, i Jas S. M nkoff JSM: ek cc: Su an Ruby, Esquire {via hand delivery) Mr. Jim Zengage (via a-mail} Mr, Francisco Perez (via a-mail) Ms. Amy Alvarez (via hand delivery} Michael S. Weiner, Esquire Ms. Ashlee L. Vargo ~ i_+ ~ ~- ~ ~ a} a~~ ~ a zoos ~;~ II ~F~ ~ :. _._~ u~ O:IZENJ[l071t.etter to City Clerk. Apri130.21]OS.doc MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney DATE: Apri122, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MAY 6, 2008 ORDINANCE N0.08-08 -FIRST READING ITEM BEFORE COMMISSION The item before the Commission is Ordinance 8-08 which repeals Chapter 57, "Right-of-Way Application Process for Communications Facilities" and enacts a new Chapter 57, "Communications Facilities in Public Rights-of-Way. BACKGROUND The Consumer Choice Act of 2007 (Florida HB 529) provided that cable franchises from the date of adoption of HB 529 forward would be awarded by the State. This legislation was presumably enacted to streamline the process of cable providers obtaining the right to operate in different jurisdictions without the need to go to each local government, with different requirements, and obtain a franchise. The Consumer Choice Act provides that a cable operator may obtain a certificate from the State by filing an application and preempts counties and municipalities from awarding cable franchises. This ordinance does not affect the City's cable franchise, which is set to expire in 2015, nor does it affect any fees the City receives from utility franchises. This ordinance governs the placement of communications facilities in the City's rights-of-ways pursuant to Florida Statute 337.401. The ordinance updates the City's current ordinance to (a) specifically reference the Consumer Choice Act of 2007, (b) include the fee requirement applicable to pass through providers, and (c) include requirements for insurance, security and construction bonds to the extent not otherwise prohibited. AT&T had also reviewed this proposed ordinance and requested that several changes be made. Certain changes, such as minor modifications to the definitions of "As Builts" and "Public rights-of-way" were made and language was added to clarify when the City may require utilities to be installed underground. Language was also added to Section 57.06(D) to provide that an applicant is not responsible for damage to utilities caused by the City's gross negligence or failure to comply with law. Although we did not make the exact changes requested by AT&T on the items mentioned above, we did attempt to alleviate some of their concerns. AT&T further requested that the City not require both a construction bond and a security fund, we did not make this change as we feel that the security fund requirement is small compared to the potential cost of repair work. AT&T also requested a change in Section 57.05 "Reports and Records" as their position is that it is contrary to state law. No changes were made to this section as we feel it contains language that provides that the City may only make requests that are not prohibited by law. Some of the specific changes are as follows: -Some definitions, such as "affiliate", "as-Builts", "co-locate" and "communications pass-through provider" were added while other definitions, such as "communications services" were modified to now reflect that cable service is included in the definition of "communication services". -Section 57.03, Registration -This section was condensed and language that was needed when the ordinance was first enacted in 2001 was removed. -Section 57.04 Fees and Payments -This section was added to reflect that those registrants that do not pay the communications services tax are required to pay a $500.00 per linear mile annual fee to the City. -Section 57.05 Reports and Records -This section was added to require the registrant to provide those documents as requested by the City that will determine compliance with this Chapter. -Section 57.06 Underground Installation; Relocation -This section was added to provide that new facilities shall be required to go underground, if technically feasible, and if it is not in violation of any federal or state law or rule. This section also provides that the registrant shall be responsible for any damage caused to other utilities already in place and sets forth the procedure for abandonment (which was also included in the previous Chapter 57). -Section 57.07 Use of Rights-of-Way -This section clarifies the previous language regarding the documents needed for the permit application; the placement of the facility in the public rights-of-way; the rights granted under the permit; the ability of the City to suspend or deny a permit; and the appeal process regarding a suspension or denial of a permit. -Section 57.10 Transfer of Control; Sale or Assignment - If a registrant transfers or assigns its registration, the entity that the registration is transferred or sold to must comply with this Chapter. -Section 57.11 Insurance; Surety; Indemnification -This section modifies the existing provisions regarding insurance by specifically setting forth the insurance amounts required and the minimum specifications for those companies. -Section 57.12 Construction Bond -was modified to reflect that a construction bond may be required of a registrant for "substantial" work in the right-of-way. -Section 57.13 Security Fund - a provision was added to this section that specifically sets forth the ways the City may withdraw funds from the security fund. -Section 57.14 Enforcement Remedies -this section was modified to reflect specific dollar amounts for failure to comply with the requirements of this Chapter, such as, a fine of at least $100.00 per day for failure to comply with this Chapter and a fine of $1,000.00 per day for failure to obtain a permit prior to starting work; however, the City may seek any other remedy available to it as well. RECOMMENDATION Staff recommends approval of Ordinance 8-08. ORDINANCE NO. 8-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING, IN ITS ENTIRETY, CHAPTER 57, "RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES" OF THE CODE OF ORDINANCES AND ENACTING A NEW CHAPTER 57, "COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY"; TO PROVIDE THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND MAINTAINING OF A COMMUNICATIONS FACILITY IN THE CITY'S PUBLIC RIGHTS-OF-WAY FOR THE PROVISION OF COMMUNICATIONS SERVICE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has made the following determination: WHEREAS, Section 337.401, Florida Statutes provides that because of the unique circumstances applicable to providers of Communications services and the fact that federal and state law require the nondiscriminatory treatment of providers of Communications services, and because of the desire to promote competition among providers of Communications services, it is the intent of the Legislature that municipalities and counties treat providers of Communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement and maintenance of Communications facilities in the public roads or rights-of--way. Rules and regulations imposed by a municipality or City relating to the placement or maintenance of Communications facilities in its roads or rights-of--way must be generally applicable to all providers of Communications services, and, notwithstanding any other law, may not require a provider of Communications services, to apply for or enter into an individual license, franchise or other similar agreement with the municipality or City as a condition of placing or maintaining Communications facilities in its roads or rights-of--way; and WHEREAS, the City Commission of The City of Delray Beach, Florida ("Commission") has determined it is in the public interest of the City to permit the placement of one (1) or more Communications systems or facilities in the public rights-of--way of the City ;and WHEREAS, the public rights-of--way subject to the jurisdiction and control of the City (1) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) are a unique and physically limited resource and proper management by the City is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, placement, relocation, and maintenance in the public rights-of--way, (3) are intended for public uses and must be managed and controlled consistently with that intent; and WHEREAS, Sections 337.401 and 364.0361, Florida Statutes, require that a local government treat Communications companies in a nondiscriminatory manner when exercising the authority to manage the public rights-of--way; and WHEREAS, it is the intent of the City Commission to encourage competition by providing access to the public rights-of--way of the City on a nondiscriminatory basis; and WHEREAS, it is the intention of the City Commission to recognize the interests of Communications service providers to install their facilities in public rights-of--way as a means of promoting the use of such technology for the good of the people of the City; and WHEREAS, the enactment of the Communications Act of 1996, amendments to applicable statutes of the State of Florida and developments in Communications technology and services have resulted in an increase in the number of persons certified by the Florida Public Service Commission to provide Communications Services; and WHEREAS, various Communications service providers have requested or may request the right to occupy the public rights-of--way of the City for the purpose of installing, maintaining and operating Communications systems or facilities; and WHEREAS, it is the intent of the City Commission to exercise the City's authority over the Communications service providers' occupancy of the public rights-of--way in compliance with applicable federal and state law; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 57, "Right-of--Way Application Process for Communications Facilities", of the Code of Ordinances is hereby repealed in its entirety and a new Chapter 57, "Communications Facilities in Public Rights-of-Way", is enacted to read as follows: CHAPTER 57 COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS OF WAY Sec. 57.01. Intent and Purpose. The City of Delray Beach the "City ") hereby declares as a legislative finding that the public rights-of--way within the City are a unique and physically limited resource that are critical to the travel and transport of persons and property in the City; that the public rights-of--way must be managed and controlled in a manner that enhances the health, safety and general welfare of the City and its citizens; and that the use and occupancy of the public rights-of--way by providers of Communications services must be subject to re~,ulation which can ensure minimal inconvenience to the public. coordinate users. maximize available sbace_ reduce maintenance and 2 costs to the public, and facilitate entry of an optimal number of providers of Communications services, including but not limited to telephony and cable, is in the public interest. It is the intent of the City to promote the public health, safety and general welfare b~ providing for the placement or maintenance of Communications facilities in the public ri ht~ s-of- way within the City limits; adopting and administering reasonable rules, regulations and e~ neral conditions not inconsistent with state and federal law, including Section 337.401, Florida Statutes 2007), as it may be amended from time to time, and in accordance with the provisions of the Federal Communications Act of 1996 and other federal and state law; establish reasonable rules, regulations and general conditions necessary to mana e~ the placement and maintenance of Communications facilities in the public rights-of--way by all Communications service providers; minimize disruption to the public rights-of--way; and require the restoration of the public ri~hts- of-way to original condition. This Chapter shall apply to any entity who seeks to construct, place, install, maintain or operate a Communications system or facilities, as such terms are defined herein, in the public rights-of--way, unless otherwise exempt by operation of applicable state or federal law. This Chapter shall be interpreted to be consistent with the Consumer Choice Act of 2007 of the state of Florida and to the extent not otherwise prohibited by the Act shall be applicable to the provision of cable service after July 1, 2007. This Chapter is not applicable to towers and antennas installed for the provision of wireless communication services. Sec. 57.02. Definitions. For the purpose of this Chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words not otherwise defined in this section or in any permit that mi h~ t be r~ anted under this article shall be liven the meaning set forth in the Communications Act of 1934, 47 U.S.C. Section 151 et seq., as amended (collectively, the "Communications Act"), and, if not defined therein, as defined by state statute; and, if not defined therein, be construed to mean the common and ordinary meaning. ~A) "Abandonment" means the permanent cessation of all uses of a Communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be Abandonment of a facility in the public rights-of-wad ~B) "Affiliate" means each person, directly or indirectly, controlling, controlled by, or under common control with a Communications Services Provider that is registered with the CitX; provided that affiliate shall in no event mean any limited partner, member, or shareholder holding an interest of less than fifteen percent 15%) in such Communications Services Provider. ~C) "As-builts" mean the final and complete drawings and the final and complete electronic overview map~in autocad, microstation, mapinfo or ESRI format presented in the available computer input medium such as cd-rom, dvd or zip. Upon request of the City, as- builts, in both the drawings and the electronic overview map, must show the present state of a Communications Services Provider's facilities in the public rights-of-wav, including, but not limited to, the horizontal and vertical location of facilities located at least every one hundred (100) feet and at any alignment change. Horizontal locations on all points of facilities shall be from street centerline, or section or quarter section lines or corners. Vertical locations on all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum. ~D) "City" means The City of Delray Beach, Florida, a political subdivision of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form. ~E) "Co-locate" or "Co-location" means the shared use of facilities, such as poles, ducts or conduit, including but not limited to the placement of conduit owned by more than one user of the public rights-of--wav in the same trench or boring and the placement of equipment owned by more than one user in the same conduit. Co-location does not include interconnection of facilities or the sale or purchase of capacity ~F) "Communications Company" or "Telecommunications Company" has the meaning set forth in Section 364.02(12), Florida Statutes, and includes any company providing communications services as defined in Section 202.11(2) and Section 337.401(6). Gl "Communications facility facility or facilities" means any facility that may be used to provide Communications Services, including but not limited to, equipment or propertX, including, but not limited to, cables, conduits, converters, splice boxes, cabinets, manholes, vaults, equipment, drains, surface location markers, appurtenances, located, to be located, used, or intended to be used, in the Public Rights-of--Way of the City to transmit, convey, route, receive, distribute, provide or offer Communications Services. ~H) "Communications Pass-Through Provider" means any person who places or maintains a Communications Facility in the roads or right of way of the City and who does not remit taxes imposed pursuant to Chapter 202 Florida Statutes. ~p "Communications Services" shall include, without limitation, the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by and through electronic, radio, satellite, cable optical, microwave, or other medium or method now in existence or hereafter devised. regardless of the brotocol used for such transmission or conveyance ~J) "Communications Services Provider" shall refer to any Person making available or providing Communications Services, as defined in Ch. 202.11(2) FL. Stat (2007), through the placement or use of a Communications Facility in the Public Rights of Wad 4 ~K) "Communications System or Systems" means any permanent or temporary plant, equipment and propertyplaced or maintained in the public rights-of--way that is occupied or used, or is capable of being occupied or used, by a Communications services provider for the purpose of producing, conveying, routing, transmitting, receiving, amplifying, distributingproviding or offering Communications services including, but not limited to cables, wires, lines, conduits, fiber optics, antennae, radios and any associated poles, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, and other plant, equipment and pathway "Excavation" or other similar formulation of that term means the trenching or other disturbance to the public rights-of--way intended to chan e~ the grade or level of land or that causes any cavity, gap, depression, penetration or hole in the surface of the public rights-of-wad ~M) "FCC" means the Federal Communications Commission. ~N) "Government" means the United States of America, the State of Florida or the City of Delray Beach, Florida, and any of their respective agencies, departments or bureaus. ~O) "In the public rights-of--way" means in, along, on, over, under, across or through the public rights-of-wad ~P) "Law" means any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, Chapter, resolution, regulation, rule, tariff, guideline or other requirements, as amended, now in effect or subsequently enacted or issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended by the Communications Act of 1996, 47 U.S.C.A § 151 et seq~1996), and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Commission or the governing State authoritypursuant thereto. ~Q) "Person" means any individual, firm, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, association, corporation, company, organization or legal entity of any kind, including any affiliate, successor, assignee, transferee or personal representative thereof, and all other ,groups or combinations, and shall include the City to the extent that the City acts as a Communications services provider. Rl "Placement or maintenance" or other similar formulation of that term means the named actions interpreted broadly to encompass, among other things, erection, construction, reconstruction, installation, inspection, maintenance, placement, replacement, extension, expansion, repair, removal, operation, occupation, location, relocation, rg ading under~roundin~, trenching or excavation. Any Communications services provider that owns, leases or otherwise controls the use of a Communications system or facility in the public rights-of--way, including the physical control to maintain and repair, is "placing or maintaining" a Communications system or facility. A person providing service only through buying wholesale and then resellin i~ snot "placing or maintaining" the Communications facilities through which services is provided. The transmission and receipt of radio frequency signals through the airspace of the public ri ht~ s-of- way does not constitute "placing or maintaining" facilities in the public rights-of-wad ~S) "PSC" means the Florida Public Service Commission. ~T) "Public Rights-of--Way" means a road, street, highway, bride, tunnel or alley that is owned by the City, publicly held by the City or dedicated to the City for public use and over which the City has jurisdiction and control and may lawfull~~rant access pursuant to applicable law, and includes the space above, at or below the surface of such right-of--way excluding onlX those public easements over which the City lacks jurisdiction under Florida Law. ~U) "Registrant or facility owner" shall mean a Communications company or other person which seeks to use the public rights-of--way that has registered with the City in accordance with the provisions of this Chapter. ~V) "Registration and register" shall mean the process described in Section 57.03, whereby a Communications service provider provides certain information to the Cites Sec. 57.03. Registration. Al Each Communications service provider that desires to place. erect. construct install, locate, maintain, repair, extend, expand, remove, or relocate any Communications facilities in, under, over or across any public rights-of--way in the City shall be considered to be using the bublic rights-of--way and shall be reauired to register with the Citv in accordance with the terms of this Chapter ~B) Any Communications service provider desiring to use the public rights-of-waX shall file a registration with the City Manager or his/her designee, which shall include the following information: 1. Identity of the applicant and name, address and telephone number of applicant's primary contact person in connection with the registration; A statement of whether the applicant presently provides retail services to any Communications services customers within the jurisdictional limits of the City at the time of registration or whether the applicant simply intends to lease its facilities to other Communication Service Providers who will be providing direct service to retail customers within the jurisdictional limits of the City. This information will allow the City to follow up with the registrant at the time the registrant begins to make physical use of the public rights-of--way, and to determine whether a linear mile charge is applicable in accordance with Section 57.04 of this Chapter. 3. Evidence of the insurance coverage required under this Chapter and acknowledgment that registrant has received and reviewed a co~y of this Chapter; 4. A co~y of federal and/or state certification authorizin t~ he a~licant to provide Communications services; and 5. A security fund in accordance with this Chapter. 6. Acknowledgment that Registrant has received and reviewed a co~y of this Chapter. ~C) The City will review the information submitted by the a~licant. Such review will be by the City Manager or designee. If the a~licant submits information in accordance with Section 57.03 above, the registration shall be effective and the City shall notify the a~licant of the effectiveness of registration in writing. If the City determines that the information has not been submitted in accordance with Section 57.03 above, the City shall notify the a~licant of the non-effectiveness of registration, and reasons for the non-effectiveness, in writing. The CitX shall so reply to an a~licant within thirty (30) days after receipt of registration information from the a~licant. Upon notification of the non-effectiveness of the registration, nothing herein shall preclude the a~licant from filing a subsequent a~lication addressing the basis for the non- effectiveness. If the registrant disputes the determination of non-effectiveness for the particular application submitted, the only avenue of redress shall be an meal under Section 57.07(P). Failure to comply with the meals section for the particular a~lication found to be non-effective shall be sufficient grounds for the City to reject that particular a~lication in the future. A registrant may cancel a registration upon written notice to the City Manager or his/her designee stating that it will no longer maintain facilities in the public rights-of--way and will no longer need to pull permits to perform work in public rights-of--way. Within thirty~30) days of anX change in the information required to be submitted pursuant to Section 57.03, registrant shall provide updated information to the Cites ~D) A registration shall not convey title, equitable or legal, in the public rights-of-wad Registrants may only occu~y public rights-of--way for Communications facilities. Registration does not excuse a Communications Service Provider from obtaining a~ropriate access or pole attachment consents before locating its facilities on another person's facilities. Registration does not excuse a Communications Service Provider from complying with all a~licable CitX ordinances, including this ordinance. El Registration with the Citv shall be non-exclusive. Registration does not establish any priority for the use of the public rights-of--way by a registrant or any other registrants. Registrations are expressly subject to any future amendment to or replacement of this Chapter and further subi ect to any additional Citv ordinances. as well as any state or federal laws that may be enacted during the term of the registration 7 Sec. 57.04. Fees and Payments. ~A) In consideration for the ri h~ ts, privileges and permission granted hereunder, a Registrant hereunder shall pay an annual Communications Service Tax as set forth in Chapter 202 Florida Statues. Said tax shall be in addition to any permit fees imposed by the CitX pursuant to an election made by the Citespursuant to Chapter 307.401 Florida Statutes. A Registrant who Maces or maintains a Communications Facility in the roads or rights of way of the City who does not remit taxes imposed pursuant to Chapter 202 Florida Statutes, also defined as a Pass Through Provider, shall pay to the City annually Five Hundred Dollars $SOO.OO~per linear mile or portion thereof in addition to any permit fees the City is authorized to collect. The linear mile charge authorized by this Section shall be based on the linear miles of roads or Rights of Way where a Communications Facility is placed, not based on a summation of the lengths of individual cables, conduits, strands or fiber. ~C) Notwithstanding anything to the contrary, the City hereby reserves the ri h~ t to require the maximum compensation allowed bylaw. ~D) Pursuant to Chapter 337.401(3)(f), nothing herein shall prohibit or impair anX voluntary agreement between a Registrant and the City which provides for or allows for the provision of in-kind compensation by the Registrant to the City in addition to the fees and payments set forth in Sections 57.04(A) and 57.04(B) above. Sec. 57.05. Reports and Records. ~A) A registrant shall provide the following documents to the City as received or filed: (1) Any pleadings, petitions, notices and documents re a~ rdin~ any legal proceeding involving any provisions of this Chapter or any permit or Agreement rg anted pursuant to this Chapter. (2) Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy ~B) In addition, the City may, at its option and upon reasonable notice to the registrant, inspect the facilities in the public rights-of--way and to require applicable reports and records including but not limited to FCC compliance and performance tests to ensure the safetX of its residents. ~C) Unless prohibited by applicable law, such other books, records, accounts and materials reasonably required by the City to determine compliance with this Chapter. ~D) The City shall keep any documentation, books and records of the re is~ trant confidential to the extent permitted under Florida Statutes. Sec. 57.06. Underground Installation; Relocation. ~A) A registrant shall install its facilities underground, unless such under rounding is not technically feasible. This provision shall apply only prospectively for all new facilities, and only to the extent that this obligation is not expressly prohibited by federal law, state law or applicable PSC rules and regulations. ~B) Every registrant that places or constructs Communications facilities under r~ ound shall maintain appropriate participation in the regional notification center for subsurface installations. Communications facilities heretofore or hereafter blaced ubon_ under. over or along any public rights-of-way that is found by the City to be unreasonably interferin i~ n anX way with the convenient, safe or continuous use, or the maintenance; improvement, extension or expansion of such public rights-of--way shall, upon written notice to the registrant or its a end t, be removed or relocated by such registrant at its own expense, within thirty (30) days of such notice, consistent with Section 337.403, Florida Statutes. The City Manager or his/her designee maX extend the time within which a registrant shall remove or relocate a Communications facility for good cause shown. ~D) The Registrant shall not in any way displace, damage, or destroy any facilities, including, but not limited to, gas, sewer, water main, pipe, cable, conduit, fiber optic, or other pathway or any other facilities belonging to the City. Except to the extent damage is caused bX the City's dross ne~li~ence or the City's failure to comply with applicable law, subject to the applicable law, the registrant shall be liable to the City for the costs of any repairs made necessary by any such displacement, damage or destruction, of facilities belonging to the CitX, and the registrant shall pay such costs upon demand. In the case of an emergency, the City maX commence repairs without any prior notice to the registrant. The term emergency shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency, the City may cause the repairs to be made at the facility owner's expense, utilizing City employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the City to the registrant. After thirty~30) days, the City maX obtain reimbursement from the security fund. In all other non-emergency circumstances, the registrant shall be~ven prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the thirty~30) calendar days after receiving notice, the City maX cause the repairs to be made at the facility owner's expense, utilizing City employees, a end is or contractors, charge any and all costs, and require reimbursement within thirty~30) days after the submission of the bill by the City to the registrant. Alain, after thirty~30) days, the City maX obtain reimbursement from the security fund. Subiect to Section 337.403_ Florida Statutes. whenever an order of the Ci requires such removal or change in the location of any Communications facility from the public rights-of--way, and the facility owner fails to remove or change the same at its own expense to conform to the directive within the time stated in the notice, the City may proceed to cause the Communications facility to be removed. The expense thereby incurred, except as provided in Section 337.403(1)(a)-(c), Florida Statutes, shall be paid out of any money available therefore, and such expense shall be charged against the owner of the Communications facility and levied, collected and paid to the Cites ~F) Subject to Section 337.404, Florida Statutes, whenever it shall be necessary for the City to remove or relocate any Communications facility, the owner of the Communications facility, or the owner's chief went, shall be liven written notice of such removal or relocation and requiring the payment of the costs thereof, and shall be given reasonable time, which shall not be less than twenty~20) nor more than thirty~30) days, to file an meal with the CitX Commission to contest the reasonableness of the order. Upon receipt of a written meal, the City Commission shall place the matter on its agenda for consideration within forty-five 45~ working days. Should the owner or the owner's representative not wear, the determination of the cost to the owner shall be final, in accordance with Section 337.404, Florida Statutes. ~G) A final order of the City, imposed pursuant to Florida Statutes and applicable provisions of this Chapter and the City code, if any, shall constitute a lien on andproperty of the owner and maybe enforced as provided therein. ~H) The City retains the right and privilege to cut or remove any facilities located within the public rights-of--way as the City Manager or his/her designee in reasonable discretion may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the City shall attempt to notify the owner of the facility, if known,~rior to cutting or removing a facility and shall notify the owner of the facility, if known, after cutting or removing a facility ~p Upon abandonment of a facility within the public rights-of--way of the City, the owner of the facility shall notify the City within ninety~90) days. Following receipt of such notice, the City may direct the facility owner to remove all or any portion of the facility if the City determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the City does not direct the removal of the abandoned facility by the owner of the facility and the facility owner chooses not to remove its facilities, then such owner, b_y its notice of abandonment to the City, shall be deemed to consent to the alteration or removal of all or andportion of the facility by another utility or person. ~J) A registrant shall, on the request of any person holding a permit issued by the City, temporarily raise or lower its Communications facilities to permit the work authorized bX the permit. The expense of such temporary raising or lowering of facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in 10 advance. The registrant shall be liven not less than thirty (30) days advance notice to arrange for such temporary relocation. Sec. 57.07. Use of Rights-of--Way. ~A) A facility owner agrees at all times to comply with and abide by all a~licable provisions of the state statutes and local laws including, but not limited to, a~licable zoning re~,ulations not inconsistent with state and federal laws. ~B) Except in the case of an emergency, no Communications Service Provider shall construct any facility over, under or within any public rights-of--way which disrupts the public rights-of--way without first filing an a~lication with and obtaining a permit from the CitX therefore, pursuant to a~licable permitting requirements of the City and other a~licable CitX Code requirements, except as otherwise provided in this Chapter. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out of service condition of apre-existing service. Registrant shall still be required to provide prior notice to the City in the event of an emergency. For the purposes of the notice requirements herein, the City shall provide the registrant with a City contract. When work is performed on an emergency basis, the registrant must still a~lv for a permit by the following business day in accordance with the City's permitting guidelines. In all instances, the registrant shall restore all dammed property and indemnify the City from any and all damages caused by the registrant's emergency work. Unless otherwise required by this Chapter, the City may waive the permit requirement in cases where there will be no disruption of the public rights-of-wad ~C) As part of any permit a~lication with respect to new or existing facilities in the public rights-of--way, where a~licable, the registrant shall provide a proposal for construction of the Communications facility that sets forth at least the following: (1) An en ink eerin~plan identifying the location of the proposed facility, including a description of the facilities to be installed, where it is to be located, and the approximate size of facilities and equipment that will be located in, on, over, or above the public rights-of--way. The plan shall include a current survey of all existing improvements. (2) Maps showing the routing of new construction that involves an alteration to the surface or subsurface of the public rights-of--way. A registrant may not begin construction until the plans and drawings have been a~roved in writing by the Cites (3) A description of the manner in which the facility will be installed (i.e., anticibated construction methods and/or techniauesl. (4) The time required to place the facility 11 (5) A maintenance of traffic plan for any disruption of the public ri ht~ s-of- way. (6) Information on the ability of the public rights-of--way to accommodate the proposed facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other users of the public rights-of--way) (7) If appropriate, liven the facility proposed, an estimate of the cost of restoration of the public rights-of-wad (8) And, such plan shall include the timetable for construction for each phase of the project and the areas of the City that will be affected. (9) Any such additional information as the City Manager or his/her designee finds reasonably necessary to review an application for a permit to perform work in the public rights-of-wad ~D) If there is insufficient space to accommodate all of the requests to occu~y or use the rights-of--way, to the extent not otherwise prohibited by state or federal law, the City shall have the power to prohibit or limit the placement of new or additional facilities within the public rights-of--way for the protection of existing facilities in the public rights-of--way, or for Citesplans for public improvements, which have been determined by the City to be in the public interest. (1) In case of conflict or interference between the facilities of different registrants, the registrant whose facilities were first permitted shall have priority over a competing registrant's use of the public rights-of-way. The resolution of any conflict or interference shall be made in a manner that is consistent with the non-discrimination provisions of the Federal Communications Act of 1996. (2) There may be from time to time within the City various easements and streets, which the City does not have the unqualified right to authorize registrant to use; therefore, the City does not warrant or represent as to any particular easement, rights-of--way, or portion of aright-of--way or easement, that it has the right to authorize the registrant to install or maintain portions of its facilities therein, and in each case the burden and responsibility for making such determination in advance of the installation shall be upon the registrant. The CitX shall not be required to assume any responsibility for the securing of any rights-of-waX, easements or other rights that may be required by the registrant for the installations of its facilities, nor shall the City be responsible for securing any permits or agreements with other persons or utilities. (3) Nothing in this Chapter shall affect the City's authority to add, vacate, or abandon public rights-of--way, and the City makes no warranties or representations re a~ rdin~ the availability of any added, vacated or abandoned public rights-of--way for Communications facilities. 12 (4) Upon request of the City, a registrant may be required to coordinate the placement or maintenance of facilities under a permit with any other work, construction, installation or repairs that maybe occurring or scheduled to occur within a reasonable time frame in the subject public rights-of--way, and registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbances in the public rights-of-wad ~E) All facilities shall be installed, located and maintained so as not to unreasonablX interfere with the use of the public rights-of--way by the public and so as not to cause unreasonable interference with the rights and convenience of property owners who adjoin any of the public rights-of--way. The registrant shall be liable for costs and expenses for the displacement, damage or destruction of any irri ate ion system or landscaping within the public rights-of--way, to the extent not covered by the construction bond. In the event the registrant fails to make the a~ropriate repairs to restore such property to as good a condition as existed prior to the commencement of the work, the affected property owner may file a complaint with the CitX Manager or his/her designee. In this instance, the registrant shall be~ven prior written notice of the necessary repairs by the City Manager or his/her designee. If such repairs are not performed in a reasonable and satisfactory manner within thirty (30) calendar days after receiving notice, the City may cause the repairs to be made at the facility owner's expense, utilizing City employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the City to the registrant. After thirty~30) days, the City maX obtain reimbursement from the security fund. The prior written notice described in this subsection shall be considered a final written decision for purposes of the a~ellate rights outlined in subsection (P) of this Section. The use of trenchless technolo~v (i.e.. directional bore methodl for the installation of facilities in the public rights-of--way, as well as joint trenching and/or the co-location of facilities in existing conduit, is strongly encouraged and should be employed wherever possible. ~G) The City Manager or his/her designee may issue such additional rules and re~,ulations concerning the placement and maintenance of a Communications facility in the public rights-of--way as may be consistent with a~licable law and not inconsistent with this Chapter. ~H) All safety practices required by a~licable law, or accepted industry practices and standards, shall be used during construction, maintenance and repair of the Communications facilities. Registrant's work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares or other devices, as are required by the Manual on Uniform Traffic Control Devices (FDOT) and/or any requirements of the City to protect all members of the public having occasion to use the portion of the streets involved or adjacent property 13 ~p If, at any time during the term of the rights granted herein, the City shall lawfully elect to alter, or chan e~ the grade of, any public rights-of-way, upon reasonable notice by the City, the registrant shall make any necessary removals, relayin~ and relocations of its Communications facilities at its own expense, in accordance with applicable law. The CitX reserves the ri h~ t to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, Communications or other types of facilities, cables or conduits, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in the public rights-of--way occupied by the re ~ std rant. ~J) A facility owner shall obtain any and all required permits and pay any and all required fees before commencing any construction on or otherwise disturbing any public ri~hts_ of-way as a result of its construction. (1) The registrant shall, at its own expense, restore such property to as o~ od a condition as existed prior to commencement of work. A registrant shall guarantee its restoration for a period of twelve (12) months after the completion of such restoration. If such restoration is not performed in a reasonable and satisfactory manner within thirty~30) calendar days after the completion of construction, the City may, after prior written notice to registrant, cause the repairs to be made at the facility's owner expense, utilizing City employees, agents or contractors, charge any and all costs, and require reimbursement within thirty~30) days after the submission of the bill by the City to the re ' std rant. (2) A permit from the City constitutes authorization to undertake only certain activities on public rights-of--way in accordance with this Chapter, and does not create a propertX right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-wad All ongoing installation. construction and maintenance of a Communications facility located in the public rights-of--way shall be subject to the City's periodic inspection for compliance with this Chapter, or any applicable provisions of this Chapter and City Codes. A facility owner shall not Mace its facilities so as to interfere unreasonably with any other person lawfully using the public rights-of--way of the Cites ~M) The registrant shall, upon request of the City Engineer or his/her designee, and at no cost to the City, produce and provide to the City Engineer or his/her designee a complete set of as-built plans including but not limited to, horizontal and typical vertical profiles, within sixtX (60) days after construction of any portion of the system. A registrant shall cooperate with the City by providin tg imely and complete information under this subsection. Upon completion of any installation or construction of new facilities in public rights-of--way, the registrant shall provide, at no cost to the City, such information as may be requested showing the exact location of its facilities and structures, including but not limited to, maps, geographical information systems, plats, construction documents, drawings and any other information the City may find 14 reasonably necessary. If available, such plans shall be provided in digitized format showing the two-dimensional location of the facilities based upon the City's geographical database datums, or other format acceptable to the City Manager. All information required by this Section shall be maintained in accordance with the public records laws of the State of Florida. ~N) Suspension or denial of Permits. Subject to subsection (P) below, the CitX Manager or a designee may suspend an existing permit or deny an a~lication for a permit for work in the public rights-of--way for one or more of the following reasons: (1) Violation of permit conditions, including conditions set forth in this Chapter or other applicable provisions of City Codes or regulations ~overnin~ use of public rights-of--way; or (2) Misrepresentation or fraud by registrant in a registration or permit application to the City; or (3) Failure to relocate or remove facilities as may be lawfully required by the City; or (4) Failure of registrant, its employees, agents or subcontractors, in connection with the subj ect permit, to Place barricades or signs around the work bl Take reasonable safety brecautions to alert the bublic of work at the work site, or (c) Repair, replace and restore any sidewalk, street, alley, pavement, water. sewer or other utility line or abburtenance_ soil. landscabing_ dirt or other imbrovement_ roperty or structure of any nature In the event of such failure, the City may perform the work utilizing CitX employees, agents or contractors, charge any and all costs, and registrant shall be required to reimburse the City within thirty~30) calendar days after the submission of the bill by the City to registrant. In the event the City incurred costs as described herein, the registrant shall be required to reimburse the City for any and all such costs before the suspension or denial can be lifted. The City Manager or his/her designee shall have the discretion to waive this requirement. Ol Immediately after the suspension or denial of a hermit bursuant to this Section. the City shall provide written notice of the violation, which notice shall contain a description of the violation. A final written decision of the City Mana eg r suspending a permit or denying an application for a registration is subject to meal. Upon correction of any violation that gave rise to a suspension or denial of permit, the suspension or denial shall be lifted. 15 ~P) All final written decisions may be appealed by filing a written notice of meal with the City Clerk and providing copies to the City Manager and City Attorney. An meal must be filed with the City within thirty~30) days of the date of the final, written decision to be appealed. Any meal not timely filed as set forth herein shall be waived. The notice of meal shall state the decision that is being a~ealed, the grounds for meal, a brief summary of the relief sought, and shall be accompanied by anon-refundable fee of $100.00. The CitX Commission may affirm, modify or reverse the decision of the City Manager. The City Manager or his/her designee shall notify any party who has filed a written request for such notification of the date when the matter will be presented to the City Commission. Nothing contained herein shall preclude the City Commission from seeking additional information prior to rendering a final decision. The decision of the City Commission shall be by written order and a co~y of the decision shall be forwarded to the City Manager and the a~pealing_party. Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the City Commission may meal an adverse decision to the Circuit Court in and for Palm Beach County, Florida, or applicable federal or district court in Palm Beach County. The party makin tg he meal shall be required to pay to the City Clerk a fee as established by the Clerk. ~Q) In the event registrant desires to use its existing facilities or to construct new facilities for the purpose of providing other utility or non-utility services to existing or potential consumers or resellers by providing cable services, or any other services other than the provision of Communications service, or for providing any other use to existing or potential consumers, a registrant shall seek such additional and separate authorization from City for such activities as maybe required by applicable law. ~R) To the extent that andperson or registrant leases or otherwise uses the facilities of an entity that is duly registered or otherwise authorized to place and maintain facilities in the public rights-of--way of the City, the person or registrant shall make no claim, nor assert any right which will impede the lawful exercise of the City's rights, including requiring the removal of such facilities from the public rights-of--way of the City, regardless of the effect on the person's ability to provide service, or on the registrant's ability to maintain its own Communications facilities in the public rights-of--way of the Cites Sec. 57.08. Involuntary Termination of Registration ~A) The involuntary termination of a registration may only be accomplished by an action of the City Commission. The City may declare the registration terminated and revoke and cancel all privileges granted under that registration if: (1) A federal or state authority suspends, denies, or revokes a registrant's certification to brovide Communications service. 16 (2) The registrant is adjudicated bankrupt by a United States District Court or through any legal proceeding of anv kind, or that a receiver is anointed to take possession of the assets of the registrant, or (3) Fails to provide proof of required insurance. The registrant abandons all of its facilities. ~B) Prior to such termination of the City resulting from a violation of anv of the provisions of this Section, the registrant shall be notified by the City Manager or his/her designee with a written notice setting forth all matters pertinent to such violation and describing the action of the City with respect thereto. The registrant shall have sixty~60) days after receipt of such notice within which to cure the violation, or within which to present a plan, satisfactory to the City Commission to accomplish the same. In the event of an emergency, the City may take appropriate action in accordance with Section 57.06 of this Chapter. In the event of a vote by the City Commission to terminate, the registrant shall, within a reasonable time following such termination, remove or abandon the facilities and take such steps as are necessary to render safe every portion of the facilities remaining with the public rights-of--way of the City. If the registrant has either abandoned its facilities or chooses to abandon its facilities, the City maX either: (1) Require the registrant's bonding company to remove some or all of the facilities from the public rights-of--way and restore the public rights-of--way to its proper condition, or (2) The City may require that some or all of the facilities be removed and the public rights-of--way restored to its proper condition at the registrant's expense, utilizing CitX employees, agents or contractors, and charge anv and all costs, and require reimbursement. ~C) The obligations of the registrant and the bonding company hereunder shall survive for a period of twenty-four 24) months from the termination of the registration. In the event of a termination of registration, this provision does not permit the City to cause the removal of anX facilities that are used to provide another service for which the registrant holds a valid certification with the governing federal and state communications agencies and is properlX registered with the City for such certificated service, under this Chapter. Sec. 57.09. Compliance with Other Laws; Police Power. A facility owner shall at all times be subiect to and shall comply with all applicable federal, state and local laws. A facility owner shall at all times be subject to all lawful exercises of the police power of the City, to the extent not inconsistent with applicable laws. Sec. 57.10. Transfer of Control; Sale or Assignment. 17 ~A) If the registrant transfers or assigns its registration incident to a sale or other transfer of the registrant's assets, the transferee or assignee shall be obligated to comply with the terms of this Chapter. Written notice of any transfer, sale or assignment shall be provided to the City within twenty~20) days following the effective date of the transfer, sale or assignment. In order for the transfer of registration to be effective, the transferee or assignee must comply with the registration requirements under Section 57.03 of this Chapter. ~B) Notwithstanding anythin~ in this Chapter, pledges in trust or mortgages or other hypothecations of the assets of the registrant to secure the construction, operation or repair of its Communications facilities may be made to any person with notice to the City. Any mortgage, pledge, lease or other encumbrance of the Communications facilities shall be subject and subordinate to the rights of the City by virtue of this Chapter or other applicable law. Sec. 57.11. Insurance; Surety; Indemnification. Al A facility owner shall at all times maintain the following liability insurance coverage insuring the registrant and naming the City, its officers, boards, Commission, Commission members, agents and employees as additional insureds; worker's compensation and employer liability insurance to meet all requirements of Florida law and commercial e~ neral liability insurance with respect to the construction, operation and maintenance of the Communications facilities, and the conduct of registrant's business in the City, in the minimum amounts of: (1) $500,000 for property dama e~ in any one accident; (2) $1,000,000 for personal bodily injury to any one person; and (3) $2,000,000 for personal bodily injury in any one accident. The policy shall also provide that the City will be given a thirty (30) day written notice of cancellation or non-renewal. ~B) All insurance policies shall be with sureties qualified to do business in the State of Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition, except as provided in Subsection 57.ll(D) below The City maX require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law. A registrant may provide a portion of the insurance coverage required by this Section through excess or umbrella policies of insurance and where such policies are in a form acceptable to the City's Risk Manager. ~C) A registrant shall keep on file with the City certificates of insurance which certificates shall indicate that the City, its officers, boards, Commission, Commission members, agents and employees are listed as additional insureds. In the event of a potential claim such that 18 the City claims insurance coverage, the facility owner shall immediately respond to all reasonable requests by the City for information with respect to the scope of the insurance coverage. ~D) The certificates of insurance shall further provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days prior written notice thereof has been liven to the City. A registrant shall not cancel any required insurance policy without submission of proof that the registrant has obtained alternative insurance satisfaction to the CitX that complies with this Chapter. A registrant that elects to self-insure all or a portion of the insurance coverage and limit requirements required by this Section is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under this Section. A registrant that elects to self-insure shall provide to the City evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under this Section, such as evidence that the registrant is a "private self- insurer" under the Workers Compensation Act. For purposes of this Section, "self-insure" shall also include a registrant that insures through a "captive insurer," as defined in Section 628.901, Florida Statutes. ~E) Registrant shall, at its sole cost and expense, release, indemnify, hold harmless, and defend the City, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedin~jud~ments for damages or equitable relief, and costs and expenses sustained by the City in connection with each such claim, suit, cause of action or proceeding including, but not limited to, attorneys' fees, arising out of the construction, maintenance or operation of its Communications system or facilities in the public rights-of-waX, regardless of whether the act or omission complained of is authorized, allowed or prohibited bX this Chapter; provided, however, that a facility owner's obligation hereunder shall not extend to any claims caused by the sole negligence of the City. This indemnity shall survive and continue in full force and effect as to the registrant's responsibility to indemnify. City agrees to notify the registrant, in writing, within a reasonable time of the City receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the City from participating in the defense of any liti ate ion by its own counsel and at its own cost if in the City's reasonable belief there exists or may exist a conflict, potential conflict, or appearance of a conflict. Nothing contained in this provision shall be construed or interpreted 1) as denying to either party any remedy or defense available to such party under the laws of the State of Florida, and 2) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. Sec. 57.12. Construction Bond. ~A) Except in the case of an emergency, as described in Section 57.07(B) of this Chapter, prior to performing substantial work in the public rights-of--way, as determined by the City Engineer, a registrant may be required to establish in the City's favor a construction bond in an amount specified in an en ing eerin~permit or other authorization as necessary to ensure the registrant's faithful berformance of the construction in the bublic rights-of-wav_ in accordance 19 with applicable sections of this Chapter or the City code. The amount of the construction bond shall be as set forth in the en ink eerin~permit, and may be modified in the City Manager or his designee's reasonable discretion, based upon the cost of the restoration to take place in the public rights-of--way, and any previous history of the registrant concerning restoration within the public rights-of--way of the City. The City Manager, in his or her discretion, or designee, may request a certified estimate of the cost of restoration by a Florida registered professional civil engineer, or certified by a person who is exempt from such requirements as provided in Section 471.003, Florida Statutes. ~B) In the event a registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable,,jointly and severally from the principal and surety of the bond, anX damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, or the cost of completing the work, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. ~C) Twelve (12) months after completion of the construction and satisfaction of all obligations in accordance with the bond, the City shall eliminate the bond. Notwithstanding, the City may require a new bond for any subsequent work performed in the public rights-of-wad ~D) The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City Attorney, and shall provide that: This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the CitX, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew. ~E) The rights reserved by the City with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the City may have under this Chapter, or at law or equity ~F) The rights reserved to the City under this Section are in addition to all other rights of the City, whether reserved in this Chapter, or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the Citv may have. Sec. 57.13. Security Fund. ~A) At the time of registration, the registrant shall file with the City Mana eg r or his/her designee, for his/her approval, a cash security, a bond, or irrevocable letter of credit in the sum of Twenty-Five Thousand Dollars ($25,000.00), in a form acceptable to the City Mana eg r or a designee, which shall serve, and be referred to, as the "security fund." For purposes of the 20 bond and irrevocable letter of credit, the registrant must have as a surety a company qualified to do business in the State of Florida. The cash security, bond, or irrevocable letter of credit, shall be to secure the full and faithful performance by the registrant of all requirements, duties and obligations imposed upon registrant by the provisions of this Chapter, and to pay any taxes, fees or liens. The bond or irrevocable letter of credit shall be furnished annually, or as frequently as necessary, and shall provide a continuin~~uarantee of the registrant's full and faithful performance at all times. Should the City draw upon the cash security, bond, or irrevocable letter of credit, the City shall promptly notify the registrant, and the registrant shall within thirty~30~ calendar days restore the cash security, annual bond or irrevocable letter of credit, to the full required amount. In the event a registrant fails to perform its duties and obligations imposed upon the registrant by the provisions of this Chapter, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the City as a result, including the full amount of any compensation or indemnification, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The cash security, bond or letter of credit may be waived by the City Manager where the City Manager determines that the security fund is not necessary to secure the required performance under this Chapter. The CitX may from time to time increase the amount of the security fund to reflect the increased risks to the City and to the public. ~B) Additionally, the City, upon thirty~30) days advance written notice clearly stating the amount and the reason for, and its intention to exercise withdrawal rights under this subsection, may withdraw an amount from the security fund, provided that the registrant has not reimbursed the City for such amount within the thirty~30) day notice period. Withdrawals maX be made if the re ist~ rant: (1) Fails to make any payment required to be made under any part of this Chapter. Nothing in this Section, however, shall create a limitation or prevent the City from immediately making a withdrawal for non-payment, from the security fund on the thirty-first (31st) calendar day after the submission of a bill to the Re 'std rant. (2) Fails to pay any liens relating to the facilities that are due and unpaid. (3) Fails to reimburse the City for any damages, claims, costs or expenses that the City has been compelled to pay or incur by reason of any action or non-performance by the registrant arising out of the construction, maintenance or operation of its Communications system or facilities; or (4) Fails to comply with any provision of this Chapter, which failure the CitX determines can be remedied by an expenditure of an amount from the security fund. ~C) Within thirty~30) days after receipt of written notice from the City that anX amount has been withdrawn from the security fund, the registrant shall restore the security fund to the amount specified in this Chapter. 21 ~D) The rights reserved to the City with respect to the security fund are in addition to all other rights of the City, whether reserved by this Chapter or authorized by other law, and no action,~roceedin~ or exercise of a right with respect to such security fund will affect any other right the City may have. Sec. 57.14. Enforcement Remedies Al In addition to any other remedies available at law or eauity_ or provided in this Chapter, the City may apply any one or a combination of the following remedies in the event a registrant violates this Chapter, or applicable local law, or order related to use of the public rights-of-wad (1) Registrant's failure to comply with the provisions of this Chapter, or law applicable to users and/or occupants of the public rights-of--way, may result in imposition of penalties to be paid by the registrant to the City in an amount of not less than One Hundred Dollars (~ 100.001 per dav. or Bart thereof that the violation continues. (2) A registrant's failure to obtain a permit before commencing work, except in cases of an emergency, may result in imposition of penalties to be paid to the City in an amount of not less than One Thousand Dollars ($1,000.00) per day, or part thereof that the violation continues. (3) In addition to or instead of any other remedy, the City may seek le a~ 1 or eauitable relief from any court of competent iurisdiction. ~B) Before imposing a fine pursuant to this Section, the City Manager or a designee shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have thirty (30) days to either: (1) Cure the violation and the City Manager or a designee shall make food faith reasonable efforts to assist in resolving the violation. or (2) File an meal in accordance with Section 57.07(P). If the violation is not cured within that thirty~30) day period, and no meal is filed, the City may collect all fines owed, be i~ nnin~ with the first day of the violation, either bX removing such amount from the security fund or through any other means allowed bylaw. ~C) In determining which remedy or remedies are appropriate, the City shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations and such other matters as the City determines are appropriate to the public interest. 22 ~D) Failure of the City to enforce anv requirements of this Chapter shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. ~E) In anv proceeding before the City Commission wherein there exists an issue with respect to a registrant's performance of its obli ate ions pursuant to this Chapter, the re 's~ trant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms of the Chapter. The City Commission may find a registrant that does not demonstrate compliance with the terms and conditions of this Chapter in default and apply anv one or combination of the remedies otherwise authorized by this Chapter. ~F) The City Manager or his/her designee shall be responsible for administration and enforcement of this Chapter, and is authorized to i~ ve anv notice required by law. ~G) Nothing in this Chapter shall affect the remedies the registrant has available under applicable law. Sec. 57.15. Force Maieure In the event a registrant's performance of or compliance with anv of the provisions of this Chapter is prevented by a cause or event not within the facility owner's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that such owner uses all practicable means to expeditiouslX cure or correct any such inability to perform or comply. For purposes of this Chapter, causes or events not within a facility owners control shall include, without limitations, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental a~encX or court. Causes or events within registrant's control, and thus not falling within this Section, shall include, without limitation, registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers, employees, contractors or agents. Sec. 57.16. Reservation of Rights ~A) The City reserves the right to amend this Chapter as it shall find necessary in the lawful exercise of its police powers. ~B) The provisions of this Chapter shall be applicable to all Communications facilities permitted to be placed in the public rights-of--way, on or after the effective date of Ordinance 8- 08, and shall apply to all existing Communications facilities in the public rights-of--way prior to the effective date of Ordinance 8-08, to the full extent permitted by state and federal law. 23 Providers with existing lines and cables have one hundred twenty day~120) from the effective date of Ordinance 8-08 to comply with the terms of this Chapter, or be in violation thereof. ~C) The City reserves to itself the right to intervene in any suit, action or proceeding involving andprovision of this Chapter. Registrant agrees to advise City of any such suits. Section 2. 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 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 upon filing with the Department of State. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST: City Clerk MAYOR 24 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: April 14, 2008 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MAY 6, 2008 ORDINANCE N0.21-08 -FIRST READING ITEM BEFORE COMMISSION The item before Commission is Ordinance No. 21-08 An ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance With Standard Practice Instructions", to address purchasing and securing contracts for Community Development Block Grant projects. BACKGROUND The attached Ordinance No. 21-08 proposes to codify our current practice with regards to securing contracts for CDBG projects in order to bring our code into compliance with CDBG requirements. RECOMMENDATION City Commission discretion. ORDINANCE N0.21-08 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", SY PROVIDING THAT BIDDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS SHALL SE INCLUDED AS AN EXCEPTION FROM THE STANDARD PRACTICE INSTRUCTION; 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 update its Code of Ordinances to reflect current Community Development Block Grant (CDSG) requirements. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance with Standard Practice Instructions", of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended to read as follow: Sec. 36.01. COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS. (A) The details of all City purchasing shall be performed in accordance with the latest current revision of a standard practice instruction as issued by the City Manager, and as this reflects the requirements of the City QZarter and the current revision of the Cites Code, except as set forth in subsection (i) a~~ (ii) and iii below (i) ~Persov~l Seruc~s Contracts.] Personal services contracts are contracts that involve a particular skill or ability, such as, but not limited to, contracts for artistic work, that are dependent upon specialized expertise, skill and experience. Personal services contracts are not subject to the competitive bid requirements of this Chapter, unless required by State law (ii) Community Development Block Grant (CDBG) Projects. Purchasing and securing contracts for CDSG proiects shall be in accordance with the CDSG Manual adopted by the Commission. {i}}~ mutations to Nerotiate. An invitation to negotiate is a process that maybe used by the City when it is seeking a response which involves a novel approach or technological solution regarding the purchase of services and/or products. Invitations to negotiate are not subject to the competitive bid requirements of this Chapter, unless required by State Law (S) The City Manager or his designee shall have the authority to execute on behalf of the City, all purchase orders, contracts, change orders, service authorizations or modifications thereto when a public hearing, or approval, review, selection or award by the Commission is not required by this Chapter. 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. N0.21-08