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08-18-09 Agenda Regular
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, August 18, 2009 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 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, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 ROLL CALL 2. INVOCATION The City will furnish auxiliary aids and services to afford an individual with a 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 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. August 4, 2009 -Regular Meeting B. August 11, 2009 - Special/Workshop Meeting 6. PROCLAMATIONS: A. NONE 7. PRESENTATIONS: A. NONE CONSENT AGENDA: City Manager Recommends Approval A. RESOLUTION NO. 34-09: Approve Resolution No. 34-09 to support the application fora 2010 Distinctive Destination designation. B. HOLD HARMLESS AGREEMENTS/HARBOUR HOUSE HOMEOWNERS ASSOCIATION: Approve and authorize Hold Harmless Agreements between the City and four ~) property owners that make up the Harbour House Homeowners Association, for the installation of a removable fence within a public utility easement located on the north side of N.E. 1st Street abutting the west bank of the Intracoastal Waterway. C. DEVELOPER AGREEMENT/SANDS TERRACE CONDOMINIUM: Approve a Developer Agreement between the City and Maria Robles, the owner of Sands Terrace Condominiums in an amount not to exceed $25,840.00 for water main upgrade from 2" to 8" in accordance with the City's water main upgrade master plan. Funding is available from 442-5178-536-83.01 (Water and Sewer Renewal & Replacement Fund/Other Grants & Aids). D. MEMORANDUM OF UNDERSTANDING/FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES: Approve a Memorandum of Understanding with the Florida Department of Highway Safety and Motor Vehicles to give the Delray Beach Police Department electronic access to the Driver and Vehicle Information Database (D.A.V.I.D) which allows searches for driver's license and vehicle records to aid to law enforcement in investigations. E. EMERGENCY SERVICES AGREEMENT/BOYNTON BEACH FIRE RESCUE: Authorize the Mayor to execute the revised Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City and Boynton Beach Fire-Rescue. F. EMERGENCY SERVICES AGREEMENT/BOCA RATON FIRE RESCUE: Authorize the Mayor to execute the revised Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City and Boca Raton Fire-Rescue. G. ADDENDUM NO. 1 TO THE AGREEMENT/PENN CREDIT CORPORATION: Approve Addendum No. 1 to the Agreement between the City and Penn Credit Corporation to modify the commission fee, increase the number of days before parking ticket accounts are turned over to them for collection and allows for collection of other delinquent accounts, including EMS transport fees. H. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT/REDESIGN POMPEY POOL/ATLANTIC DUNES NATURE TRAIL: Approve and authorize submission of grant applications to the Florida Recreation Development Assistance Program (FRDAP) for a redesign of the Pompev Park Pool and the Atlantic Dunes Educational Nature Trail. L SERVICE AUTHORIZATION NO. 07-03/GLATTING .TACKSON KERCHER ANLGIN: Approve Service Authorization No. 07-03 in an amount not to exceed $35,600.00 to Glatting .Tackson Kercher Anglin for the provision of limited construction administration services in conjunction with the construction of Phase I of the Old School Square Park Improvements. Funding is available from 334-4151-572-63.59 (General Construction Fund/Improvements Other/Old School Square-Park Improvements). J. SPECIAL EVENT REQUESTS/ART AND .TAZZ ON THE AVENUE: Approve a special event request to endorse Art and .razz on the Avenue to be held on October 22, 2009 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.60 for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1St Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, N.E./S.E. 4th Avenue and NW 5th Avenue from Atlantic to NW 2nd Street and SW 5th Avenue from Atlantic to SW 1St Street, to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up and EMS assistance, with fees subject to the City special event policy in effect at the time of the event. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 3, 2009 through August 14, 2009. L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to H.A. Contracting Corporation in the amount of $489,787.00 for the Old School Square window replacement project. Funding is available from 334-4151-572-46.08 (General Construction Fund/Repair and Maintenance Services/OSS Window Replacement). 2. Bid award to Oracle Elevator in the amount of $783.00 per month for servicing the elevators in city owned buildings. Funding will be provided from various departmental maintenance accounts. 3. Purchase award to Dionex Corporation in the amount of $36,311.02 for an Ion Chromatograph (IC) Analytical Instrument for the Environmental Service Compliance Laboratory located at the Water Treatment Plant. Funding is available from 442-5178-536- 64.90 (W & S Renewal & Replmt Fund, Machinery & Equipment: Other Machinery & Equipment). 4. Purchase award to Hub City Ford, Inc. in the amount of $23,744.00 for the purchase of one ~) replacement 2010 Ford Sport Trac 4X4 mid-size SUV with options for the Ocean Rescue Division. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery & Equipment/Automotive). REGULAR AGENDA: A. CONDITIONAL USE EXTENSION RE~UEST/VILLAGE SQUARE: Consider a conditional use extension request for Village Square, located on the east side of Auburn Avenue and S.W. 13tH Avenue between S.W. 7th Street and S.W. 10th Street. (Quasi-Judicial Hearing B. FISCAL YEAR 2009/2010 CAPITAL IMPROVEMENT PROTECT (CIP) PRESENTATION C. SPECIAL EVENT AND MISCELLANEOUS GRANT FUNDING RECOMMENDATIONS/GRANTS COMMITTEE: Provide direction regarding the Grants Committee recommendations for funding of requests from the Commission Special Event line item and Miscellaneous Grant division for Fiscal Year 2009/2010. D. FACILITY AND PAVILION RENTAL FEE CHANGES: Consider changes to fees for Parks and Recreation facility, pavilion and field rentals. E. RESOLUTION NO. 36-09/ADDENDUM TO LEASE PURCHASE AGREEMENT/SUNTRUST LEASING CORPORATION:Consider approval of an addendum to the Lease Purchase Agreement between the City and SunTrust Leasing Corporation in the principal amount of $392,000.00, including Resolution No. 36-09, to finance the purchase of 82 Club Car golf carts and equipment and other miscellaneous costs relative to the Parking Meter Project for a four (4) year term. F• US 1 MODIFICATION/5th AVENUE AT DELRAY: Authorize staff to provide 5th Avenue of Delray with the ultimate design cross section for the 100 Block of NE 5th Avenue and have the development construct the proposed improvements along the east side of US 1 between N.E. 1st Street and N.E. 2nd Street. G. VOLUNTARY CONTRIBUTIONS FOR CULTURE AND THE ARTS/CREATIVE CITY COLLABORATIVE: Consider approval to allow the Creative City Collaborative to transfer the gross amount of funds collected through the Voluntary Contribution to Cultural Facilities and Arts Program to the Creative City Collaborative account. H. SPECIAL EVENT REQUEST/THE SOUPER RACE:Consider approval of anew special event, "The Souper Race, " a 5K Walk/Run to be produced by People to People International Delray Beach Student Chapter,~roposed to be held on October 18, 2009 from 7:30 a.m. to 10:30 a.m, to grant a temporary use permit per LDR's Section 2.4.60 for the use of Anchor Park and the City right-of-way along Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff support for traffic control, security, barricading, use of the small stage and trash boxes, contingent on the receipt of a Certificate of Liability Insurance and an executed Hold Harmless Agreement two ~) weeks before the event. REQUEST TO ADVANCE COUNTY FUNDING/ROOTS CULTURAL FESTIVAL, INC.: Consider approval of a request to provide advance funding in the amount of $5,000.00 to Roots Cultural Festival, Inc. which will be reimbursed to the City by a Palm Beach County grant and approval of the Advance Funding for County Grants agreement betweent the City and Roots Cultural Festival, Inc. Funding from 001-1111-511-48.10 (General Fund/Promotional Activities/Special Events). J. RESOLUTION NO. 35-09/BUDGET AMENDMENT:Consider approval of Resolution No. 35-09 amending Resolution No. 44-08 adopted September 16, 2008, and Resolution No. 26-09 adopted .Tune 16, 2009 which made appropriations for necessary expenditures of the City for the FY 2008/2009, by setting forth the anticipated revenues and expenditures for the operating funds of the City for the fiscal year 2008/2009. K. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint three ~) regular members to the Planning & Zoning Board for two (2) year terms ending August 31, 2011. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2~ L. APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE BOARD:Appoint two (2) regular members to the Site Plan Review & Appearance Board for two ~) year terms ending August 31, 2011. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1~ M. APPOINTMENTS TO THE BOARD OF AD.TUSTMENT:Appoint two ~) regular members and two (~ alternate members to the Board of Adjustment to serve two (~ year terms ending August 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2~, Commissioner Frankel (Seat #3~, Commissioner Bernard (Seat #4) and Mayor McDuffie Seat #5 . N. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one ~) regular member from Zone 1 to the Neighborhood Advisory Council to serve an unexpired term ending .Tuly 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). O. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one ~) alternate member to the Nuisance Abatement Board to serve an unexpired term ending .Tuly 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Bernard (Seat #4). P. CANCELLATION OF CONTRACT TO GROUND KEEPERS, INC./AWARD OF NEW CONTRACT TO SPORTS TURF ONE, INC.: Consider canceling a contract award to Ground Keepers, Inc., for Landscape Maintenance of three ~) baseball fields at Pompey Park (Bid #2009- 16~, and authorize staff to award the contract to the next eligible bidder, Sports Turf One, Inc. in the estimated amount of $35,000.00 for the balance of the contract. Funding is available from 001- 4131-572-34.90 (General Fund/Other Contractual Services). (ADDENDUM Q. INTERLOCAL AGREEMENT/TOWN OF GULF STREAM/BUILDING PERMIT AND INSPECTION SERVICES: Consider approval of an Interlocal Agreement with the Town of Gulf Stream to provide Building Permit and Inspection services. (ADDENDUM 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2010 PROPOSED BUDGET: The City Commission will hear public comments, if and, regarding the FY 2010 Proposed Budget at this time. B. ORDINANCE NO. 34-09 (SECOND READING/SECOND PUBLIC HEARING):Consider a cites initiated amendment to Land Development Regulations (LDR) Section 5.3.2, "Park Land Dedication", Subsection (C), "Impact Fee Required", to clarify requirements regarding impact fees for single family and all other types of development. C. ORDINANCE NO. 38-09 (SECOND READING/SECOND PUBLIC HEARING):Consider a privately-initiated amendment to the Land Development Regulations (LDR) Section 4.4.12, "Planned Commercial (PC) District", Subsection (D), "Conditional Uses and Structures Allowed", and Subsection (G~, "Supplemental District Regulations", to provide regulations for the Silver Terrace Courtyards Overlay District; enacting Section 4.5.17, "Silver Terrace Courtyards Overlay District", to define the overlay district, amending Sections 4.7.1, "Definitions", Section 4.7.2, "Applicability", and Section 4.7.5, "Density Bonus Program for the Southwest 10th Street and I-95/CSX Railroad Corridor Overlay Districts", to provide for the creation of a new Workforce Housing Overlay District; amending Section 4.7.9, "General Provisions", Subsection "o", to modify the provisions allowing non-eligible occupants to occupy workforce housing rental units under certain conditions. 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 inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 42-09: Consider a city-initiated amendment to Chapter 71, "Parking Regulations", Section 71.006, "Surcharge on Parking Fines"; to provide for an increase in the surcharge on parking fines to fund the school crossing dug and program. If passed, a public hearing will be held on September 10, 2009. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission AUGUST 4, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 4, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Mackenson Bernard Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Ron Arflin with Abbey Delray South. 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.M. Developer's Agreement/Cannery Row, LLC of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of July 7, 2009, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to approve the Minutes of the Special/Workshop Meeting of July 14, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission 08/04/09 voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to approve the Minutes of the Regular Meeting of July 21, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: None. 7. PRESENTATIONS: 7.A. None. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter- Annual Meeting of July 16, 2009. 8.B. RESOLUTION NO. 33-09: Approve Resolution No. 33-09 supporting the Beach Renourishment Project. The caption of Resolution No. 33-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA PROVIDING IT'S SUPPORT FOR THE CITY OF DELRAY BEACH RENOURISHMENT PROJECT AND ITS ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH. (The official copy of Resolution No. 33-09 is on file in the City Clerk's office.) 8.C. SERVICE AUTHORIZATION NO. 5/COASTAL PLANNING & ENGINEERING, INC.BEACH RENOURISHMENT PROJECT: Approve Service Authorization No. 5 for Coastal Planning & Engineering Inc. to proceed with the preliminary engineering and geotechnical engineering tasks for the Beach Renourishment Project, at a cost not to exceed $428,412.00. Funding is available from 332-4164-572- 31.30 (Beach Restoration Fund/Professional Services/Engineering/Architectural). 2 08/04/09 8.D. ACCEPTANCE OF RIGHT-OF-WAY DEED/TASTE RESTAURANT: Approve and accept aright-of--way deed associated with the Taste Restaurant located at 169 and 171 Pineapple Grove Way (N.E. 2nd Avenue). 8.E. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/251 DIXIE BOULEVARD: Approve and accept aright-of--way deed associated with the approved mixed-use development for property located at 251 Dixie Boulevard within the Del-Ida Park Historic District. 8.F. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant awards to the lowest responsive bidders for the following projects: 918 S.W. 3rd Court to Haywood Construction in the amount of $36,441.10 and 926 S.W. 11th Terrace to Jemstone Construction Group in the amount of $28,828.28. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). 8.G. ANTI-DISPLACEMENT AND RELOCALTION POLICY: Approve and adopt an anti-displacement and relocation policy to be used in conjunction with the City's community development programs. 8.H. SECOND ADDENDUM TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY SHERIFF'S OFFICE: Approve a Second Addendum to the Interlocal Agreement between the City and the Palm Beach County Sheriff's Office for the Urban Area Security Initiative (UASI) Grant which will extend the grant period to December 31, 2009. 8_I. AGREEMENT/UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION (DEA): Approve and accept a State and Local Task Force Agreement between the City and the United States Department of Justice, Drug Enforcement Administration (DEA), to reimburse the Delray Beach Police Department for overtime up to $16,903.25 subject to availability of funds. 8_J. MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY MULTI-AGENCY VIOLENT CRIMES TASK FORCE/CRITICAL INCIDENT PROTOCOL: Approve a Memorandum of Understanding with the Palm Beach County Multi-Agency Violent Crimes Task Force (VCTF) and a Memorandum of Understanding for the VCTF Critical Incident Protocol to update the City's signatory to the agreement. 8.K LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAG) FUND: Approve the Mayor's submission of a letter in support of the Countywide Justice Assistance Grant funds (JAG) funding allocations for FY 2010. 8.L. PROPOSED MILEAGE RATE/DOWNTOWN DEVELOPMENT AUTHORITY: Approve the Downtown Development Authority's proposed millage rate for FY 2010. 08/04/09 8.M. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS TTF,M 9 A A 8.N. SPECIAL EVENT REQUEST/15TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 15t Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held on October 3 - 4, 2009 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of N.E. 4m Avenue from Atlantic Avenue to N.E. 1st Street and from Atlantic Avenue to S.E. 1st Street, to utilize the Hands parking lot for vendor parking, to authorize staff support for traffic control and security. 8.0. SPECIAL EVENT REQUEST/4th ANNUAL WALK FOR LUPUS NOW: Approve a special event request to endorse the 4th Annual Walk for Lupus Now sponsored by the Lupus Foundation of America Southeast Florida Chapter proposed to be held October 31, 2009 from 8:00 a.m. until noon, with set up to begin at 6:00 a.m., including granting a temporary use permit per LDR Section 2.4.6(F) for use of Anchor Park as a staging area and the use of sidewalks along AlA from Casuarina to the north end of the beach, to waive parking fees in Anchor Park, to authorize staff support for security and traffic control, barricading, clean up and trash removal, use and set up of the small stage, and special event signage; contingent on sponsor providing a hold harmless agreement and a certificate of event liability insurance no later than two (2) weeks before the event; the event sponsor being responsible for site cleanup; and signage installation occurring no earlier than ten (10) days prior to the event with banners allowed only on the stage and in Anchor Park. 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 20, 2009 through July 31, 2009. 8~. AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors in the estimated annual amount of $186,500.00 for the purchase of chemicals and fertilizers for the City. Funding is available from 001-4511-539-52.26 (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 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). 2. Contract award to Baker's Transport Service (BTS) in the amount not to exceed $27,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP) an additional sixty (60) days through the end of the fiscal year. Funding is available from 441-5122-536-34.90 (Water and Sewer Fund/Other 4 08/04/09 Contractual Services). 3. Contract award to Chaz Equipment Company in the amount of $47,770.00 for the emergency repair of sanitary sewer mains at Lift Station #24, along S.W. 6m Avenue at the intersection with S.W. 8m Court (816 S.W. 6m Avenue). Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal and Replacement Fund/Sewer Mains). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. DEVELOPER'S AGREEMENT/CANNERY ROW, LLC: Approve a finding that the Cannery Row developer is in compliance with the terms of the Developer's Agreement, executed May 8, 2007. Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Brian Shutt, City Attorney, stated in 2007 the City of Delray Beach entered into a Developer's Agreement for Cannery Row, LLC and pursuant to the terms of the agreement and State Statute the Commission is required to review the agreement each year and determine that the compliance with the agreement has been attained and staff recommends approval. Mr. Fetzer moved to approve the Developer's Agreement with Cannery Row, LLC, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Said motion passed with a 4 to 0 vote. 9.A. WAIVER REQUEST/DELRAY BEACH CLUB APARTMENTS: Consider a request for waiver of Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(2), "Stacking Distance", to allow a reduction in the required stacking distance from 100' to 70' feet and 100' to 66' for Delray Beach Club Apartments, located at 2000 South Ocean Boulevard. (Quasi-Judicial Hearing) Mayor McDuffie read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. 5 08/04/09 Mayor McDuffie 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 #2009-157. Mr. Dorling stated the request is a waiver for the Delray Beach Club Apartments to the required stacking distance of 100 feet for some proposed gates that they want to install. He stated there are three entrances at this point. The reduction in the stacking distance is requested at the main location. Mr. Dorling stated the gates are locked and all traffic to this facility enters into the main entrance gate. He stated the proposal that was processed is a Class I to the Site Plan Review and Appearance Board on July 8, 2009 and received approval to put in three sets of gates. Mr. Dorling stated part of the rationale is that the 100 feet is not necessary because of this division of traffic. At its meeting of July 8, 2009, the Site Plan Review and Appearance Board (SPRAB) recommended approval of the Class I site plan modification and they also recommended approval of both of these waivers. Mr. Dorling stated since that time the City has received several letters of objections and those are included in the backup. Staff recommends approval of these waivers given the fact that there is the ability to accommodate a couple of spaces in each scenario. Mr. Eliopoulos stated the south entrance will be just for owners coming and going and they will have a clicker. Mr. Dorling stated it is one-way in only and the north is one-way out. Richard Garlen, Association Manager for the Delray Beach Club Apartments (Applicant), stated the south entrance is going to be by automatic entry transponders and it will also have a keypad for entry. Mr. Garlen stated if guests are coming and anybody is a normal returning person, a call will be made directly to the unit owner minimizing the stacking at the main gate so that guests and repeat vendors can also come in and use that route. The exit is automatic and the front entrance will have two arms. He commented about a number of incidences where people did not want to wait and instead of using the exit went around and out the entrance gate. Mr. Garlen stated this was a cost savings proposal (43 to 21) by the residents to put these gates in and eliminate all the time shift of the guard which is the time they have the heavy traffic of the vendors. He stated no vendors are allowed on the property other than 8:00 a.m. - 5:00 p.m. Mr. Garlen stated the heavy traffic, which is limited, is during daytime hours. Mayor McDuffie asked about the definition of "Knox Box". Mr. Garlen stated a "Knox Box" is for the Fire-Rescue Department to get in. There was no cross-examination. Mayor McDuffie stated if anyone from the public would like to give public testimony on this item, to please come forward at this time. 6 08/04/09 John Small, 2000 South Ocean Boulevard Unit #102, Delray Beach, FL 33483, stated he is a former guard at this guard gate and at the Planning and Zoning Board meeting there was a question as to what happens if there is something wrong with one of the gates or if there is stack of traffic at any of the gates and it was mentioned at that meeting that there would be 24-hour guards. Mr. Small stated he has also worked in other communities where there were gates and one in particular he covered for a week while someone was on vacation. He stated in that one week he had to call the gate company three times to come out and work on the gates. There being no one else from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. The applicant came forward and gave a brief rebuttal. Mr. Garlen stated the comments expressed by Mr. Small were not raised at the Planning and Zoning meeting but a question was raised similar to that. Mr. Garlen stated the original purpose of this was to eliminate that such as many other communities. He stated the intent is to remove the night guards and to date they have not had any problems and they eliminated the stacking by opening up the south gate. Mr. Eliopoulos stated typically when he has seen entrances like this if there is no guard, there is normally a key pad and if that person is not home, there is usually aturn-a-round to get out. Mr. Dorling stated the applicant indicated that people coming there are really supposed to come between 8:00 a.m. - 5:00 p.m. (guests and vendors). He stated if they are required to turn around if they come in and there is a guest or the guest is not there and there is a guard there, he presumes there is the ability for the guard to say come around and go out. Mr. Dorling stated if there is traffic after 5:00 p.m. it is presumably not vendors and would be an occasional guest which would probably end up having to back out into this area and then go forward. He stated there is some space before the roadway although it is not the ideal situation. Mr. Eliopoulos expressed concern over the after hour scenario and if two people are at the gate and the person trying to get in does not have anyone there for some reason and they cannot get out. Mr. Dorling stated while that might be a possibility he does not think that that will be a high probability that this situation would occur. Mayor McDuffie stated many of the communities that are gated are not manned and they have keypads and intercoms. Mr. Eliopoulos stated but usually if someone is not home you can drive beyond the keypad and turn around within the island before you get to the gate so that you can exit. Mr. Eliopoulos stated he does not have an issue with the waiver and distance but the issue is does that gate work at the center not being manned anymore at night with guests and whether or not that is the way the guests have to come in. Mr. Frankel stated this could potentially create an unsafe situation and is a problem. 7 08/04/09 The City Manager asked where the keypad will be. Mr. Garlen stated the keypad will be right where the driver would be when they park in front of the guard house. The City Manager stated the other option would be to move the keypad out since it is pretty close to the right-of--way line and then you can create aturn-a-round by cutting the island. Mr. Dorling stated that may impact the location of the guard house. Mr. Frankel expressed concern that this could potentially create a large problem especially during season. Mr. Eliopoulos stated he does not believe there is an issue during the day but it is more of an issue at dusk and/or at night. He expressed concern over the center piece being a potential safety issue. Mr. Fetzer stated he would like to see this looked at harder before passing this. It was the consensus of the Commission to table this item and have it looked at more. Mr. Eliopoulos moved to table the waiver request for the Delray Beach Club Apartments, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.B. CONDITIONAL USE REQUEST/CAFE AU PLAY: Consider a conditional use request to allow a recreational establishment with attendant cafe known as Cafe Au Play to be located on Parcel "B" of the South Delray Shopping Center at 3003 South Federal Highway. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie 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 #2009-176 into the record. Mr. Dorling stated this is a conditional use application to allow a recreational establishment on Parcel B of the South Delray Shopping Center site. Two separate parcels are occupied by Mobil Gas Station (Parcel A) and a 7,452 square foot former Hollywood Video store (Parcel B). The Hollywood Video use has vacated the 7,452 square foot building on parcel "B" and a conditional use approval to establish a Recreational Facility which would be for a children's play structure internal to the site (approximately 5,500 square feet) and the balance would be a parent's lounge and sectioned off by a glass partition and there would be a small area for infants. Mr. Dorling stated they would serve pre-packaged salads, sandwiches and cold beverages to accommodate the parents while they watch their children play. The facility would be 8 08/04/09 open from 9:00 a.m. -6:00 p.m. Monday through Friday, and 8:00 a.m. - 9:00 p.m. on the weekends. The proposed use will employ between 5-8 people. The proposal as submitted did not include any external improvements; only internal improvements. Staff noted some deficiencies with some landscaping on the site and requested that this be a condition of approval and that the site be brought up to the current code that is required and was originally approved. Staff also suggests that there be no consumption of alcohol on the premises and that the cafe area be open only in conjunction with the play area. The Planning and Zoning Board recommended approval at their meeting with a 5 to 0 vote subject to the conditions as outlined by staff. Mr. Dorling stated that the landscaping in the site be updated prior to the occupancy of this building with this use. Les H. Stevens, Attorney representing the Applicant (SLTM Properties, LLC), stated he is not sure whether the materials from the Planning and Zoning Board meeting were included in the Commission backup which are the 3-D pictures, the color pictures and the like and if not he has another set to distribute. Mr. Stevens stated this facility is going to be geared to those under the age of 12 and there will be birthday parties and the like. He stated this is not something that teenagers would want to hang out at unless they are babysitting. Mr. Stevens stated this is payment by the hour or on a membership basis. Mayor McDuffie asked if this is wristband controlled and time controlled. Mr. Stevens stated this is wristband and time controlled. Mr. Stevens explained that there are no kitchen facilities so it cannot be converted into anything else. There was no cross-examination or rebuttal. Mayor McDuffie 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 Pauline Moody, 609 S.W. 8t'' Avenue, Delray Beach, FL 33444, stated she does not understand why this building is being turned into somewhere parents can go and not watch their children. Ms. Moody stated this building can be used for something else. Mr. Stevens stated the various age groups are separated and structured to the various age groups so you do not have 11 year olds hanging around with 3 and 4 year olds. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Fetzer stated he is happy to see a productive business come in there and as long as they meet the conditions that the Planning and Zoning Board recommended then he is fine with it. 9 08/04/09 Mr. Eliopoulos and Mr. Bernard concur with comments expressed by Mr. Fetzer. Mr. Frankel stated the plans and presentation are nice and it is great to see a business go into that area especially on Federal Highway where we are seeing some emptiness. Mr. Bernard asked how long Hollywood Video has been empty. He stated he concurs with comments expressed by Commissioner Fetzer and Commissioner Bernard. Mayor McDuffie stated we work very hard for youth athletics and youth sports in our community but most of that is outdoors and we don't quite address the toddlers as well. Therefore, Mayor McDuffie welcomes the space to South Delray Beach for taking care of some of our kids that we do not otherwise take care of at our outdoor parks. 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. Bernard moved to adopt the Board Order subject to the conditions, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. 9.C. CONDITIONAL USE REQUEST/KAPLAN UNIVERSITY AND INSTRUCTIONAL CENTER: Consider a conditional use request to establish Kaplan University in the Mixed Residential Office and Commercial (MROC) zoning district within the Delray Corporate Center located at 3333 South Congress Avenue. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel, Mr. Bernard and Mr. Fetzer had no ex parte communications to disclose. Mr. Eliopoulos stated Kaplan University came and presented this before the Economic Development Committee so he heard their presentation about what they were doing. Paul Dorling Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-187. Mr. Dorling stated this is consideration of a conditional use request to establish Kaplan University in the Delray Corporate Center located at 3333 South 10 08/04/09 Congress Avenue formerly known as the Sun-Sentinel building. The development proposal includes leasing the ground floor (10,918 square feet) of the existing 4-story office building and Kaplan University would provide online education certificates, Masters, Bachelors, Associates and Law degrees. The anticipated maximum occupancy will include 156 students, 19 full-time office staff persons and part-time teaching staff persons. The facility would be open from 6:00 p.m. until 11:00 p.m. Monday-Friday and 8:00 a.m.-6:00 p.m. on Saturdays for the students. The part-time teacher work hours will be the same as the students. The full-time administrative staff work hours will be from 9:00 a.m.-6:00 p.m. Monday-Friday. The instructional center will be closed on Sundays. At its meeting of July 20, 2009, the Planning and Zoning Board considered the conditional use request and recommended approval with a 5 to 0 vote. Mr. Dorling stated some deficiencies were listed in one staff report with regard to the landscaping on the site and some of the lighting that was on the site was in disrepair and those were attached as conditions that the site be brought up to code with respect to those elements. He stated there was also a request that a fence be placed along the railroad tracks and the south part of the property by the Police Department to provide additional security so people would not be wandering onto the site from offsite. Steve Ragus, Director of Construction for Kaplan University, stated the 9,400 square feet is what we propose to get, the building is 44,000 square feet so they are going to occupy the entire first floor. Mr. Ragus stated although most of the classes will happen online, if someone wants to talk to a professor or have a meeting with a counselor or if they want to have a session with a few other students they want to bring in a personal feel to the experience of going back to school. He stated most of the space is divided between several classrooms and break rooms, meeting rooms, and conference rooms. Mayor McDuffie asked if there will be students on site. Mr. Ragus stated that the intent of this project is to have students be completely online but this is a small location where students can come. Mayor McDuffie asked if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, asked which end of Congress Avenue this prof ect is being built on. Mr. Eliopoulos stated it is north of the hotels before entering to Boca Raton on the east side of Congress Avenue southbound. 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 08/04/09 Mr. Eliopoulos moved to adopt the Board Order subject to the conditions as noted in the Planning and Zoning staff report, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST FOR IN-LIEU PARKING SPACESBELUGA RESTAURANT AND WINE BAR, INC.: Consider a request from Beluga Restaurant and Wine Bar, Inc., for purchase of three (3) in-lieu parking spaces in the amount of $46,800.00. Beluga Restaurant and Wine Bar, Inc. is located at 44 S.E. 2"d Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, entered the Planning and Zoning Department project file #2009-149 into the record. Scott Aronson, Parking Management Specialist, stated this is a request from Beluga Wine Bar & Restaurant and they propose a Class III site plan modification for the conversion of 588 square feet of retail area to restaurant in addition to the expansion of atwo-bedroom residential unit above the restaurant which is going to require a waiver. Mr. Aronson stated to accommodate the conversion of use the applicant must provide the difference between the required parking for retail and that of restaurants at six spaces per 1,000 square feet which totals 1.57 spaces which rounds up to 2. The subject property is located in In-Lieu Area 2 with a cost of $15,600 per space. He stated the expansion of the apartment does not require an additional space but to accommodate an elevator and stairwell they are looking to eliminate one of the parking spaces that currently exist in their parking lot. Mr. Aronson stated LDR Section 4.6.9(E) states that when a requirement for additional parking results from in-fill development or from a change in use or adding floor space to an existing building; the City Commission may approve the payment of a fee in-lieu of providing such required parking. Before doing so, they must find that it is inappropriate or impossible to provide the required spaces and in case of additions, no existing parking spaces are eliminated. He stated LDR Section 2.4.7(B) requires the following findings be made prior to the City Commission's approval (1) shall not adversely affect the neighboring area, (2) shall not significantly diminish the provision of public facilities, (3) shall not create an unsafe situation, and, (4) does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances. The applicant is the owner and they are seeking to use the in-lieu of parking fee agreement to make their payments which is 50% payment upon signing the agreement and two 25% payments on the second and third anniversaries. Mr. Aronson stated the subject property is located around the corner from the Federspiel Parking Garage with 107 public parking spaces and at Atlantic Avenue on 12 08/04/09 2"d Avenue there is a parking valet on the street as well. Mr. Aronson stated Policy C-4.1 of the Future Land Use element of the Comprehensive Plan suggests accommodating parking needs through innovative actions such as the in-lieu of parking fee program. Staff recommends approval of the applicant's request for the purchase of three (3) in-lieu spaces, at a cost of $46,800. The Parking Management Advisory Board (PMAB), Community Redevelopment Agency (CRA) and Downtown Development Authority (DDA), at their respective meetings, all recommended approval of the applicant's request for the purchase of the spaces and the associated waiver to LDR Section 4.6.9(E)(3). It is noted that the applicant was not present. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to please come forward at this time. There was no cross-examination or rebuttal. 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. Fetzer moved to adopt the Board Order as presented (approving waiver and in-lieu request), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.E. RENEWAL/VALET PARHING LICENSE AGREEMENTS: Consider renewal terms for all Valet Parking License Agreements from April 1, 2009 through March 31, 2010. Scott Aronson, Parking Management Specialist, stated this item is the proposed increase to the valet parking license agreements. Mr. Aronson stated the Valet Parking Agreements have simultaneously expired on March 30, 2009. He stated ordinarily increases are done on even years. Staff recommends not imposing an increase at this time; however, if an increase was to be imposed at this time a $10.00 per space increase would generate $3,240 of additional revenue for the Valet Parking License Agreements. Mr. Aronson noted that the Cut 432 agreement was approved this past April 2009 and if the Commission chooses to impose an increase he feels it would be fair to not increase them. At its meeting of June 23, 2009, the Parking Management Advisory Board (PMAB) recommended renewal of the agreements under its existing terms and conditions. Staff recommends approval. 13 08/04/09 Mr. Frankel stated the City Commission approved the parking study and asked if anything in the study related to the valet and additional revenues that could be generated from this. Mr. Aronson stated there was a proposal prior to him coming here in the late 1990's and believes they tried to take that in-house and hire with a company. He stated for whatever reason the City received a few submittals but there were some inconsistencies with all of the responses that were sent in. Therefore, Mr. Aronson stated what was created came to fruition. Mr. Aronson stated the way the program is set up now is the valets are seeking private lots to use for the parking. He stated if the City were to take it, it could be challenging to get those agreements with those private businesses. Mr. Aronson stated he could have the consultant look at the valet because this was a full scope parking consulting agreement. Mr. Frankel stated he realizes time is of the essence and asked if the consultant could look at the parking study that the Commission just approved. He stated if there are additional revenues for next year this is something to look into. Mr. Eliopoulos stated the City needs more money in the budget and supports going with a rate increase. Mr. Eliopoulos moved to approve the renewal terms for all Valet Parking License Agreements from April 1, 2009 through March 31, 2010 at the additional $10.00 per space except for Cut 432, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:09 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. PUBLIC COMMENTS/FY 2010 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2010 Proposed Budget at this time. The City Manager stated the proposed budget for fiscal year 2010 is on the website. He stated the City has received some complaints in prior years that there was no opportunity for public comment so the City started the practice of providing for public comments at the two meetings in August before the budget is ready for public hearings. Philip Colnon, 680 N.W. 11th Street, Delray Beach, FL 33444, stated at a candidate forum less than six months ago, Mr. Eliopoulos and Mr. McDuffie individually claimed the signs to be false and yet we are here this evening discussing a 15.5% increase to the millage rate. Mr. Colnon stated unless the City's spending is cut now we are looking at the same situation next year. He stated City spending has increased 85% in the last six years. Mr. Colnon stated the City Councils of the City of Boca Raton, the Town of Jupiter, and Village of Tequesta all voted to not increase their 14 08/04/09 millage rate from last year. He stated Royal Palm, Palm Beach Gardens and Juno Beach Council members voted for less than 2.7% increases. Mr. Colnon stated at the City Commission meeting of July 21, 2009 the City Manager proposed a rate increase for Delray Beach of 17%. Mr. Colnon stated in his opinion if the voluntary Budget Task Force made up of dedicated Delray Beach citizens can find more ways to cut spending than the City Manager, he feels this is a problem. Mr. Colnon stated he hears regularly that the Police and Fire Pension Plans are the main reason for these budget increases. He stated it is the responsibility of the current City Commission to correct this error and protect the interest of the residents and not the employee. Mr. Colnon stated the City needs a personnel change that will lead the Commission and the City with a new wave of creative thought and eliminate the business as usual mentality. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, briefly discussed the Budget Task Force recommendations and asked the Commission what money is going where. Ms. Moody commented about the projects that have already been started and when the Commission starts cutting for next year they do not know what is going to happen. She stated that there are a lot of problems in this city and suggested that when the City sets their budget they need to set those problems for the hearing now so that when the City does something for next year it will account for something. Ms. Moody stated that the City has had wasteful spending regarding projects and urged the City Commission to help the City Manager with the budget. Dr. Victor Kirson, 2050 Alta Meadows Lane, Apt. #2110, Delrav Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delrav Beach and member of the Police Advisory Board and recently elected to P.R.O.D. (Progressive Residents of Delrav Beach), stated if we want a Police Department and Fire Department then the City will have to find a way to get the money. Dr. Kirson stated the people he speaks to are in favor of a tax increase rather than having our Police and Fire go to the County. He stated Delray Beach is a great training ground for Police and noted that 50% of the force is less than three years on the job. Dr. Kirson stated up until this latest notice he received today we were getting money for six police officers from the Federal Government and hiring our own three. He stated with the latest information without a tax increase we are freezing everything. Dr. Kirson stated he does not want to see the Police and Fire dissatisfied. He thanked the City Manager for what he is doing for the City. Sharon Lev Har, 14 N.W. 12th Street, Delrav Beach, FL 33444, asked if there are other meetings before the City Commission comes to a final decision that the public can be made aware o£ Ms. Lev Har stated she is in business also and they are cutting on every end including her own salary and she employs her children and has had to cut their salaries as well. She stated they are cutting down to the nitty-gritty and feels this has to be done in government. Ms. Lev Har stated she cannot afford higher taxes and feels we need to make commitments in this City to lower taxes not raise them. 15 08/04/09 There being no one else from the public who wished to address the Commission regarding the 2010 proposed budget, the public hearing was closed. Mr. Fetzer stated he is very proud of so many things that they have accomplished in the City and he also has a strong understanding of the need to not raise property taxes especially because of the economy that we are in. Mr. Fetzer stated he did not support the proposed millage rate of 7.3833 that was set at the July 21, 2009 City Commission meeting because he believes we can do better than that. He stated in view of the message that the voters sent back when Amendment One was passed the Commission has a responsibility to live within that mandate. Mr. Fetzer stated with the way the economy is right now families are finding ways they have to cut back, and businesses have to do the same thing. He feels a strong responsibility to do what we can to not raise the millage rate to that level Mr. Fetzer stated he asked the City Manager to provide some input to the Commission regarding if they kept the millage rate at 6.39 (millage rate this past year) what cuts would the Commission potentially have to make. Mr. Fetzer stated the City Manager put a lot of effort into giving the Commission that data and there are some pretty drastic things on there. Mr. Fetzer stated he would like to look at some other alternatives to those cuts that are listed there. He stated we need to look at revenue and feels we need to look at our fee structures to see if we are charging market rates and services that are causing additional cost in the City. Mr. Fetzer stated he is not ready to accept the proposed millage rate of 7.3833 set on July 21, 2009 and his goal is to reduce the millage to the bare minimum that would maintain the quality of life we have in Delray Beach. Mr. Eliopoulos asked where we are with staff. The City Manager stated the next thing that staff will provide to the Commission is a list of pay and benefit reductions that could be considered. The City Manager stated the list of functional cuts was based on the assumption that all the pay and benefits would stay the same and no additional revenues would be generated. Mr. Eliopoulos stated in 2007 the City held a Town Meeting to post some of these things. Mr. Eliopoulos stated we are all feeling it and it is affecting us all. He feels a lot of the things that we are feeling are not necessarily the spending that has done but the spending that that has been mandated from the State. Mr. Eliopoulos stated he wants to push for the millage to go down but at the same time he wants to look at revenue sources. Mr. Eliopoulos stated he supports staff in giving the Commission more information but anything we can give to the public he would like to see happen as far as the things that we are looking at to potentially cut. Mr. Frankel stated no one wants to increase any taxes but concurs with comments expressed by Commissioner Fetzer regarding everything not only with revenue sources and looking at things like that. However, Mr. Frankel stated he disagrees with Commissioner Eliopoulos with regard to fees. He stated an increase in fees are appropriate and does not see it as a tax because it is an elective thing. Mr. Frankel stated it is going to be essential not to lay off people and not to cut essential services. He stated no one wants to see cuts and no one wants to see increases in taxes but there is going to be some on both ends. Mr. Frankel stated the Commission is going to have to find a balance. 16 08/04/09 Mr. Bernard stated he believes the Commission has to lower the millage rate as low as possible. He stated the County fees have increased drastically and if we have fees that need to be addressed and adjusted he feels the City needs to increase those fees to generate more revenue. However, Mr. Bernard stated since the business communities are cutting down on employees the City has to take a look at everything to see if there are any departments or people that are not working properly. He stated this way every option is on the table and the City may have to cut employees. Mr. Bernard stated we have to explore all options so we can keep taxes as low as possible. Mayor McDuffie stated one of the things that was asked of every Department Head in the City of Delray Beach was to rank every function in their department. He stated once those were done they came to City Hall and put back together and ranked every function for every department in the City (high to low). Mayor McDuffie stated the Commission takes a look at taking those functions out starting at the bottom and how we affect the budget as we move up from the bottom of those priorities to the top of the priorities. In addition, Mayor McDuffie stated the Budget Task Force has provided a 98 page Budget Task Force Report recommending some cuts that can be made and some that cannot be made as well as recommending some additional revenues. Mayor McDuffie stated he also has a list of cuts that cut almost $10.4 million out of the City's budget which would be holding the line totally at last year's millage rate. He stated much has been done and much more will be done and the Commission will work as hard as they can because they are stewards of the public's money. Mayor McDuffie stated the Commission understands that times are tough but there are some things that the City still has to do such as keeping drinking water clean, and keeping streets and citizens safe. He noted that there are services that the City provides that are very essential to everyone's lifestyle and cutting those is almost an impossibility. Mayor McDuffie stated since 2007 the City collected $59.1 million in property tax; in 2008 $55.3 million; in 2009 $53.0 million and if the City were to stay with the millage rate (6.39) from last year this year's collections would drop to $46.6 million and at the recommended millage rate (7.3833) the City would be at $53.2 million. Mayor McDuffie stated the Commission will work to do everything that they possibly can over the next two months to make sure that they have the proper budget and they may not please everyone but everyone will have a voice. 10.B. ORDINANCE NO. 38-09 (FIRST READING/FIRST PUBLIC HEARING): Consider aprivately-initiated amendment to the Land Development Regulations (LDR) Section 4.4.12, "Planned Commercial (PC) District", Subsection (D), "Conditional Uses and Structures Allowed", and Subsection (G), "Supplemental District Regulations", to provide regulations for the Silver Terrace Courtyards Overlay District; enacting Section 4.5.17, "Silver Terrace Courtyards Overlay District", to define the overlay district; amending Sections 4.7.1, "Definitions", Section 4.7.2, "Applicability", and Section 4.7.5, "Density Bonus Program for the Southwest lOm Street and I-95/CSX Railroad Corridor Overlay Districts", to provide for the creation of a new Workforce Housing Overlay District; amending Section 4.7.9, "General Provisions", Subsection "o", to modify the provisions allowing non-eligible occupants to occupy workforce housing rental units under certain conditions. If passed, a second public hearing will be held on 17 08/04/09 August 18, 2009. office.) The caption of Ordinance No. 38-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE REGULATIONS FOR THE SILVER TERRACE COURTYARDS OVERLAY DISTRICT; ENACTING SECTION 4.5.17, "SILVER TERRACE COURTYARDS OVERLAY DISTRICT", TO DEFINE THE OVERLAY DISTRICT; AMENDING SECTIONS 4.7.1, "DEFINITIONS", SECTION 4.7.2 "APPLICABILITY, AND SECTION 4.7.5 "DENSITY BONUS PROGRAM FOR THE SOUTHWEST lOTx STREET AND I-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICTS", TO PROVIDE FOR THE CREATION OF A NEW WORKFORCE HOUSING OVERLAY DISTRICT; AMENDING SECTION 4.7.9, "GENERAL PROVISIONS", SUBSECTION (O), TO MODIFY THE PROVISIONS ALLOWING NON- ELIGIBLE OCCUPANTS TO OCCUPY WORKFORCE HOUSING RENTAL UNITS UNDER CERTAIN CONDITIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 38-09 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 on April 21, 2009 the City Commission considered as part of Comprehensive Plan Amendment 2009-1, a privately initiated text amendment that related to a development proposed for the Floranda Mobile Home Park and the office complex that exists in this location. Mr. Dorling stated that was approved by the Commission and DCA (Department of Community Affairs) and these are the follow-up text amendments in the LDRs to further accomplish those details. He stated this is a privately initiated text amendment to modify 18 08/04/09 the general commercial future land use designation. Mr. Dorling stated in essence what it created was an overlay district which allowed a density increase from 12 units to the acre to 22. He stated the development also had some general commercial uses along Federal Highway and the current code allows a Floor Area Ratio of 3.0 and this amendment sought a reduction to .75 to offset the additional traffic associated with the density increase of a net zero (-0-) overall. This amendment creates the Overlay District and adds language to the Planned Commercial District to allow the 22 units to the acre, and the maximum floor area ration of .75, and modifies the workforce housing ordinance to reference that this district will also provide 20% workforce units. At its meeting of July 20, 2009, the text amendment was considered by the Planning and Zoning Board and the Board recommended approval with a 5 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 38-09, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 38-09 on First Reading/First Public Hearing, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mr. McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 35-09 (SECOND READING/SECOND PUBLIC HEARING): Consider a city initiated amendment to Land Development Regulations (LDR) Section 4.6.9, "Off-Street Parking Requirements", Subsection (C), "Number of Parking Spaces Required", Sub-subsection (8), "Multiple Uses", Paragraph (A), "Shared Parking", to allow the utilization of the shared parking calculations table for mixed-use developments when there is no residential use. The caption of Ordinance No. 35-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REQUIREMENTS", SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED", SUB-SUBSECTION (8), "MULTIPLE USES", PARAGRAPH (A), "SHARED PARKING", TO ALLOW THE UTILIZATION OF THE SHARED PARKING CALCULATIONS TABLE FOR MIXED-USE DEVELOPMENTS WHEN A RESIDENTIAL USE IS NOT PROVIDED, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. 19 08/04/09 office.) (The official copy of Ordinance No. 35-09 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 this is to remove the requirement that a residential land use component be included in a mixed-use development before it can exercise the benefits of a shared parking calculation. It also expands the ability to use the shared parking option to mixed use projects located throughout the City. Mr. Dorling stated it is currently limited to projects in the CBD (Central Business District), GC (General Commercial) district, the Mixed Residential & Commercial (MROC) district, and the Planned Commercial (PC) district. He stated when it was originally envisioned there was a deliberate decision to require residential when the downtown was first being redeveloped and the City wanted to attract residential to the downtown area. At this point, that emphasis is not so great and staff would like to allow this option to be exercised in other areas of the city. Mr. Dorling stated it also allows scenarios that have been recently proposed that include combinations of office and hotel uses which have this shared component but currently under the code would not be allowed to exercise a reduction. At its meeting of June 15, 2009, the Planning and Zoning Board considered the text amendment and the Board recommended approval with a 4 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 35-09, the public hearing was closed. Mr. Bernard moved to adopt Ordinance No. 35-09 on Second Reading/Second Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 33-09 (SECOND READING/SECOND PUBLIC HEARING): Consider acity-initiated amendment to the Land Development Regulations (LDR) 2.4.3(K), "Fees", Sub-subsection (1), "Development Applications", Sub- subsection (3), "Permit Fees", to provide for an increase in such fees. The caption of Ordinance No. 33-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, 20 08/04/09 FLORIDA, BY AMENDING SUB SECTION 2.4.3 (K), "FEES", SUB-SUBSECTION (1), "DEVELOPMENT APPLICATIONS", SUB-SUBSECTION (3), "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN SUCH FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 33-09 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 this is in response to the City Commission's request from 2003 that staff review them on asemi-annual basis and make sure that we are competitive with other municipalities. Mr. Dorling stated there are some new fees that are proposed which include fees for viewing legal documents, for requests for postponement or continuances, and then a re-submittal fee for third and subsequent re-submittals of plans as a result of an applicant not originally addressing comments because it creates additional staff time. The across the board increase is approximately 5% across the board which brings the City of Delray Beach consistent with other municipalities in the mid-range. Mr. Dorling stated at its meeting of July 21, 2009, the City Commission indicated that they did not want to include an increase in the Beach Overlay District fees and there was no increase proposed for historic districts and those fees were consistent and compatible with other municipalities at their current rates. At its meeting of June 15, 2009, the Planning and Zoning Board considered this amendment and the Board recommended approval with a 4 to 0 vote. At its meeting of July 21, 2009, the City Commission recommended approval as well with the change that is part of this ordinance. Mayor McDuffie declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 33-09, the public hearing was closed. Mr. Bernard asked why the City reduced the Review of the ADA/DRI and the modification of a DRI to zero ($0). Mr. Dorling stated we eliminated that fee schedule because the 360 eliminated that process. Mr. Frankel inquired about the fees for the legal review of documents and asked why Palm Beach County is higher compared to other cities. Mr. Dorling stated Palm Beach County just significantly raised their fees and that has been a point of discussion with a lot of people. Mr. Dorling stated he felt that Delray Beach was compensative to other municipalities and that is why staff held to the $150 for legal 21 08/04/09 review of documents. Mr. Frankel stated the 5% increase is the mid-range for the other municipalities and asked if this is for last year or going forward to the next budget. Mr. Dorling stated it would be a 5% increase over those that were proposed in 2007 effective immediately upon approval of this ordinance. The City Manager asked in making the comparison with other cities are we comparing to their current fees or what they plan to charge next year. Mr. Dorling stated his understanding is that this is what the fees are now. He is not aware of any substantial increases that are not shown in this document. Mr. Frankel stated Mr. Fetzer sent an email from the Boca News on how they may be holding a line with millage but fees are going up. Mr. Frankel stated he wants to make sure that Delray Beach is in line with other municipalities for the next coming year so that instead of being in the mid-range we would not fall down to the low range. Therefore, Mr. Frankel is not sure if a 5% increase is enough. Mayor McDuffie stated it would be prudent to review the entire fee structure throughout the city. Mr. Eliopoulos moved to adopt Ordinance No. 33-09 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 32-09 (SECOND READING/SECOND PUBLIC HEARING): Consider acity-initiated amendment to the Land Development Regulations (LDR) Section 4.4.13(B)(3), "Principle Uses and Structures Permitted", to clarify that "Public Open Space/Plaza", is a principal (permitted) use within the Central Business District (CBD). The caption of Ordinance No. 32-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO CLARIFY THAT PUBLIC OPEN SPACE/PLAZA IS A PERMITTED USE IN THE CENTRAL BUSINESS DISTRICT' PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. 22 08/04/09 office.) (The official copy of Ordinance No. 32-09 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 this will clarify that public open space and plazas are a permitted use in the CBD zoning district. Currently, the public facilities are allowed in the CBD district and include things like libraries, public parking lots, and public parking garages but they do not specifically identify public plazas. Mr. Dorling stated Worthing Park and Gleason Park are in that category that is not specifically identified and this ordinance would accommodate those as well as anew proposal that is proposed at West Atlantic Avenue and S.W. Sm Avenue. At its meeting of June 15, 2009, the Planning and Zoning Board considered this text amendment and the Board recommended approval with a 5 to 0 vote. At its meeting of July 21, 2009 the City Commission approved this on first reading and recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32-09, the public hearing was closed. Mr. Bernard moved to adopt Ordinance No. 32-09 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 36-09 (SECOND READING/SECOND PUBLIC HEARING): Consider acity-initiated amendment to Land Development Regulations (LDR) Section 4.3.4(K), "Development Standard Matrix", pertaining to setback requirements in the Residential Office District (RO). The caption of Ordinance No. 36-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS MATRIX", TO CHANGE THE "DEVELOPMENT STANDARDS MATRIX", TO CHANGE THE MINIMUM BUILDING SETBACKS FOR THE RESIDENTIAL OFFICE (RO) DISTRICT; PROVIDING A SAVING CLAUSE, A 23 08/04/09 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-09 is on file in the City Clerk's office.) 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 this is an amendment to LDR Section 4.3.4(K) to reduce minimum building setbacks for the residential office zoning district. Mr. Dorling stated that district is an incentive zoning which encourages conversion of older structures to professional offices and also conversion of historic and rehabilitation of historic structures into office uses. Mr. Dorling stated a lot of the parcels in the RO (Residential Office) District are non- conforming with respect to minimum lot size and lot width. He stated the large building setbacks in the RO district require a lot of variances to accommodate reasonable development. Mr. Dorling stated this is acknowledging that and represents a reduction in side streets, side interior, and rear setbacks which are more consistent with the smaller lots and other districts which have these smaller lots. At its meeting of June 15, 2009, the Planning and Zoning Board considered the text amendment and the Board recommended approval with a 4 to 0 vote. At its meeting of June 17, 2009, the Historic Preservation Board (HPB) reviewed the proposed amendment and there was a lot of discussion and they recommended a reduction in the side interior setbacks to ten feet rather than 7 '/z feet and a rear setback to 15 feet rather than 10 that is proposed. Staff recommends approval of the original setbacks as originally proposed and supported by the Planning and Zoning Board. At its meeting of June 25, 2009, the Community Redevelopment Agency (CRA) recommended approval of the proposed changes as recommended by staff. At its meeting of July 21, 2009, the City Commission recommended approval at that time Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 36-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 36-09 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 34-09 (FIRST READING/FIRST PUBLIC HEARING): Consider acity-initiated amendment to Land Development Regulations (LDR) Section 5.3.2, "Park Land Dedication", Subsection (C), "Impact Fee Required", to clarify requirements regarding impact fees for single family and all other types of 24 08/04/09 development. If passed, a second public hearing will be held on August 18, 2009. office.) The caption of Ordinance No. 34-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 5.3, "DEDICATION AND IMPACT REQUIREMENTS", SECTION 5.3.2, "PARK LAND DEDICATION", SUBSECTION (C), "IMPACT FEE REQUIRED", TO PROVIDE FOR CLARIFICATION REGARDING IMPACT FEES FOR SINGLE FAMILY AND ALL OTHER TYPES OF DEVELOPMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 34-09 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 this amendment clarifies the required parking impact fees as well as remove some contradictions. Mr. Dorling stated the current code requires that any residential unit (i.e. hotel/motel, residential inn, or resort dwelling unit) that is proposed upon land which is not designated for park purposes pays an impact fee of $500.00 for park facilities. He stated the current code requires this impact fee for single family and states if it is vacant for more than 180 days, a new fee is required and it goes on to say that the fee is only going to be paid once. Mr. Dorling stated that is a contradiction and has been removed. At its meeting of July 20, 2009, the Planning and Zoning Board considered the text amendment and the Board recommended approval with a 5 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 34-09, the public hearing was closed. Mr. Bernard moved to approve Ordinance No. 34-09 on First Reading/First Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 25 08/04/09 At this point, the time being 8:00 p.m., 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. With regard to a previous concern expressed by Maxine Pierson over the lack of numbers on some buildings along Congress Avenue, the City Manager stated the City's code requires all buildings to have a visible readable address that can be read from the adjacent street. He stated staff has been directed to inspect the buildings along Congress Avenue and identify any deficiencies. The City Manager stated staff will meet with the business owners and have them corrected. He stated there are some cities that require the number to be on their signs but the City of Delray Beach does not. However, we encourage owners to put the address on their signs and to keep the vegetation trimmed back so the numbers are always visible. Secondly, the City Manager stated Mary Lou Ciambriello had expressed concern over the number of foreclosed bank owned units in the City and she urged the City to address this issue and find ways to make these properties fundable. The Community Improvement Department applied as the Delray BeachBoynton Beach consortium for Federal stimulus funds under the Neighborhood Stabilization Program 2 (NSP2) to be used to establish a local housing trust fund in the amount of $20 million to be used to establish a local housing trust fund. The program is designed to provide first and/or second mortgage loans to income eligible households to fund the purchase of foreclosed bank owned units. If the City receives funds under this program more than 180 foreclosed bank units will be financed through this program. In addition, the City Manager stated the City is currently awaiting our agreement from the Department of Community Affairs (DCA) to begin implementation of the Neighborhood Stabilization Program 1 (NSP1) under which a minimum of 14 foreclosed bank-owned units will be purchased, rehabilitated, and sold by the Community Improvement Department to Income Eligible households. The City Manager stated the implementation of this program is expected to begin within the next eight weeks. He stated in addition to the Neighborhood Stabilization Programs 1 & 2, the City's Allocated State Housing Initiative Partnership (SHIT') Funds address foreclosure prevention. The foreclosure prevention strategy allocates payment assistance in the form of a deferred payment loan to any homeowner up to 100% of the area median income whose home is in the process of foreclosure due to extenuating circumstances (i.e. temporary loss of employment, sudden medical expenses, divorce, separation, and death in the family or unforeseen repair bills). The City Manager stated the SHIP funds were drastically cut by the Legislature this year so they are limited. He stated this is one of the things that we would want to do is encourage the Legislature to restore some of that funding in the upcoming session. Lastly, the City Manager stated Mr. Wright had asked about why he should not receive the bid for the online meeting software since he was the second low bidder and we withdrew the bid from the original person the bid had been award to. The City Manager stated the City did not offer Mr. Wright's company the right of first refusal 26 08/04/09 because the scope of the project has changed. The City is looking for an off the shelf product and we are no longer interested in having software that we might sell. He stated since it is a different scope it really needs to be put out on a different RFP if we cannot find something off the shelf which is the City's first choice. 11. From the Public. 11.B.1. Dr. Victor Kirson, 2050 Alta Meadows Lane, Apt. #2110, Delrav Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delrav Beach and member of the Police Advisory Board and recently elected to P.R.O.D. (Progressive Residents of Delrav Beach), stated Friday night he was requested to volunteer his service at Pompey Park because they were having a Roots celebration and basketball tournament. Dr. Kirson stated he would like to see Pompey Park renovated and that more services and programs be provided because the facility needs updating. He stated modern day recreation centers have great facilities and he would like to see this done with Pompey Park. Dr. Kirson stated if this means increasing the millage then he urged the Commission to do so. 11.B.2. Rose Hendrix, 318 N.W. 12th Avenue, Delrav Beach, FL 33444, stated she is present this evening in reference to her July 7, 2009 request and as of this date has not received any response to her comments. The City Manager stated the letter responding to Ms. Hendrix's concerns has been written and signed. Mayor McDuffie stated the Commission has seen the letter and is not sure why Ms. Hendrix did not receive the letter. Attorney Ms. Hendrix stated she did receive a telephone call from Brian Shutt, City 11.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delrav Beach, FL 33444, expressed concern over an ongoing situation in the Police Department and Lieutenant Woods. Ms. Moody stated this situation is out of control. 11.B.4. Herman Stevens, 221 S.W. 13th Avenue, Delrav Beach, FL 33444 (around the corner from Auburn Trace and Carver Estates), stated there has been a proposal as to the south 11 acres of the Auburn Development and the density of the units. Mr. Stevens expressed concern over what is going to be placed there and urged the Commission to talk and listen to the residents. He stated whatever happens is going to set a trend of what is going to happen around it and feels it is important that all opinions are taken into account with regard to that particular project. 11.B.5. Alson Jacquet, 236 S.E. 3''d Avenue, Delrav Beach, FL 33483, concurs with comments expressed by Dr. Kirson regarding Pompey Park. Mr. Jacquet suggested that there be a dog park east of Swinton Avenue because he feels it would alleviate a lot of the issues we have with dogs. 27 08/04/09 At this point, the time being 8:15 p.m., the Commission moved back to Item 9.F. of the Regular Agenda. 9.F. PURCHASE AWARD/CARDS CORPORATION: Consider approval of a purchase award to Carus Corporation in an estimated annual cost of $29,820.00 for the purchase of Poly Phosphate at $1.42 per pound for the Water Treatment Plant as needed. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). Richard Hasko, Director of Environmental Services, stated the City has an annual contract with Pristine Water Solutions for our phosphate chemical that we use at the Water Treatment Plant in the treatment process. Mr. Hasko stated Pristine Water Solutions has been our vendor for a number of years, we have been very successful with their products, and it has been very cost effective. He stated what staff is finding out this year so far is they seem to have varied the formula of the components and the ratios of those components that go into the phosphate mix that the City uses. Mr. Hasko stated the City has found that the product that we are getting from them this year is causing erosive problems in the system and has resulted in what is normally a successful lead and copper test for the City was a challenge for the City to pass successfully this year. Mr. Hasko stated the City has also done testing on coupons which is the pieces of pipe that are pulled out of the distribution system and staff is noticing some advanced erosion inside the pipes. Staff is looking at trying to figure out what the difference is in the formula and staff has other resources they are using to test the material. In the meantime for the rest of this fiscal year, Mr. Hasko stated staff recommends approval of the purchase award to Carus Corporation (second low bidder) for the purchase and delivery of Poly Phosphate at $1.42 per lb for the short term from Carus. He stated staff requests that the Commission allow them to purchase the chemical from the alternative source until they find out what is going on with the formula they are getting from the normal source. Mayor McDuffie stated essentially this could be a temporary thing based upon whether staff sees further erosion. Mr. Hasko stated staff has had good success with Pristine Water Solutions; however, staff is trying to find out about the phosphate product that the City has been getting from them this year because there is some difference in the formula. Mr. Hasko stated in the interim it is causing problems with the distribution system so staff s immediate concern is to alleviate that. Mr. Eliopoulos commented that this is not a contract type deal and asked if this is a purchase as you go so it is not like we paid for anything right now but we are switching and going to another company and paying them as we need this. Mr. Eliopoulos moved to approve the purchase award to Carus Corporation for the purchase and delivery of Poly Phosphate at $1.42 per lb. for the Water Treatment Plant at an estimated cost of $29,820 for the balance of fiscal year 2008/2009, purchased "as needed", seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 28 08/04/09 9.G. COMMISSION RULES OF PROCEDURE: Consider changing the Commission Rules of Procedure regarding time limits for Commission meetings, to require a majority of the Commission to approve an extension for each hour after 11:00 PM. At this point, Mr. Fetzer stepped away from the dais. Brian Shutt, City Attorney, stated at the July 21, 2009 City Commission meeting, the Commission directed staff to make a change in the Commission Rules of Procedure to provide that if the Commission meetings extend beyond 11:00 p.m. the Commission needs to vote to allow that to happen. Mr. Shutt stated the suggestion was made to provide for a vote every hour thereafter and this rule change provides for this. Mr. Frankel moved to approve Item 9.G., seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 0 vote. At this point, Mr. Fetzer returned to the dais. 9.H. APPOINTMENT OF OUTSIDE COUNSEL/HEATHER LEITCH v. CITY OF DELRAY BEACH: Consider approval to appoint Kara Rockenback, Esq. as co-counsel in the Appellate Case of Heather Leitch v. City of Delray Beach at the rate of $225.00 per hour. Brian Shutt, City Attorney, stated this item is to appoint co-counsel in the Appellate Case of Leitch v. City of Delray Beach. Mr. Shutt stated this is the case where the lady was struck by the bullet at First Night and the City did prevail in that case based upon the City's motion for directed verdict. He stated the jury verdict did come back against the City and there were some other post trial motions where the Plaintiff's attorney is also raising other issues that would be considered on appeal. Staff recommends Kara Rockenback, Esq. (as co-counsel) work with the City Attorney's office on the appeal. Mayor McDuffie asked how much time this will be. Mr. Shutt stated he looked back on another case where Ms. Rockenback assisted the City and the range was between $9,000-10,000 and he does not expect this to exceed this amount. Mr. Frankel asked if the cost is going to be at a minimum. Mr. Shutt stated with the time and effort that co-counsel would have to put into this and he does not imagine that a lot of work would have to be done on the brief. He stated if an argument would have to come forth then she would be on hand as well for that. Mr. Bernard moved to approve to appoint Kara Rockenback, Esq. a co- counsel in the Appellate Case of Heather Leitch v. City of Delray Beach, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said 29 08/04/09 motion passed with a 5 to 0 vote. 9_I. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) student members to the Education Board to serve a two (2) year term ending July 31, 2011 and a one (1) year term ending July 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Bernard (Seat #4) and Mayor McDuffie (Seat #5). Mr. Bernard moved to appoint Nathaniel Ellis as a student member to the Education Board to serve a two (2) year term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he wished to appoint John Paul Caruso as a student member to the Education Board to serve a one (1) year term ending July 31, 2010. Mr. Fetzer so moved, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three (3) regular members to the Historic Preservation Board to serve two (2) year terms ending August 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Bernard (Seat #4). Mr. Fetzer moved to appoint Pamela Reeder as a regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to reappoint Dan Sloan as a regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to reappoint Rhonda Sexton as a regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 30 08/04/09 9.K APPOINTMENTS TO THE GREEN TASK FORCE: Appoint seven (7) regular and two (2) alternate members to the Green Task Force to serve terms ending July 31, 2010 or July 31, 2011. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Bernard (Seat #4), Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Bernard (Seat #4). Mr. Eliopoulos moved to appoint Nancy Schneider as a regular member to the Green Task Force to serve a term ending July 31, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to appoint Ana DeMelo as a regular member to the Green Task Force to serve a term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to appoint Rita Johnson as a regular member to the Green Task Force to serve a term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to appoint Jayne King as a regular member to the Green Task Force to serve a term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he wished to appoint Suzanne Schenkel as a regular member to the Green Task Force to serve a term ending July 31, 2011. Mr. Frankel so moved, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to appoint David Hawke as a regular member to the Green Task Force to serve a term ending July 31, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 31 08/04/09 Mr. Fetzer moved to appoint Yalmaz Siddiqui as a regular member to the Green Task Force to serve a term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to appoint Matthew O'Connell as an alternate member to the Green Task Force to serve a term ending July 31, 2011, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to appoint Edward Bispham as an alternate member to the Green Task Force to serve a term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: A. None At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager and the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated the City is talking to Gulf Stream about taking over their building permitting and inspection currently being done by Palm Beach County. The County is only opened three days a week and our Fire-Rescue Department still has to review their plans for fire protection purposes so it has been a little bit of a coordination problem from time to time. He stated the City's revenue would be from the permit fees. In addition, the City Manager stated he met with Highland Beach to possibly do their 911 dispatching. The City Manager stated right now if someone at Highland Beach calls 911 it goes to the Sheriffs Department and they have to transfer it to Delray's dispatch to dispatch fire and EMS. Therefore, the City Manager stated both of those will be some additional revenue sources for the City of Delray Beach. Secondly, the City Manager stated he met with the Assistant County Administrator about the disaster recovery initiative; $1 million for district 7 and $1 million for S.W. 12th Avenue. He stated those agreements have been reviewed by the City Attorney and the City Engineer has plans in connection with that. The City Manager stated the County Commission is supposed to look at them on August 18, 2009 and Dorothy Ellington wants to take them to her Board as well. The City Manager stated those monies would come to the City and we would use them for improvements on S.W. 32 08/04/09 12th Avenue so that those funds are not lost even though the project is delayed the City can go ahead and do the street improvements in the neighborhood. The City Manager stated when he attended the City Manager's Conference this past spring one of the sessions he went to was about Palm Bay establishing a City medical clinic and they reported that in the first year they saved about $700,000.00 and the employees saved about $200,000.00. He stated it is a clinic and a dispensary and a dispensary cannot dispense controlled substances but they can anything else. The City Manager stated most of these are operated by national firms so they get good prices on pharmaceutical and the advantage to the employee is that there is no co-pay for the prescription. He stated the City is very interested in this and visiting a number of different sites. He is optimistic that it will be something that the City can pursue and will save the City a good deal of money. Lastly, with regard to the pension increase, the City Manager stated when the decision was made to increase the multiplier from 3 to 3'/z he first recommended that it not be increased because he feels 3 is generous and if it was increased that it should be to 3'/a and not 3'/z. Also, the City Manager stated it should be prospective and not retroactive. He stated the retroactivity of that benefit increase is what created the huge unfunded liability in the Police Pension Plan because you were going back and picking up the past service for all the Police Officers and increasing the multiplier when the contributions over the preceding years had not been made to support that multiplier. The City Manager stated it was done for reasons that the Commission felt was good but the City Manager stated he did not support it. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he is encouraged to hear that the City is talking to other municipalities about sharing services. He stated he is also encouraged to hear that we are looking at best practices that other municipalities are doing and feels we need to be creative to try and get us out of some of this budget situation. Secondly, Mr. Fetzer asked if there was a start date for accepting applications for Commissioner Bernard's seat. Mayor McDuffie stated the start date is August 11, 2009. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated he loves the fact that we can offer services for more revenue. 33 08/04/09 Secondly, he commented about the drug dispensing article and would like the City to stay on top of this. Mr. Eliopoulos commented about the Beach Overlay District guidelines. Lastly, Mr. Eliopoulos extended his thoughts and prayers to Bob Barcinski and his family for the loss of his son-in-law. Mr. Eliopoulos stated Mr. Barcinski read the eulogy at the funeral and he got everyone to know him in a way that was special. 13.C.3. Mr. Bernard Mr. Bernard stated he was taking a look at the Delray Beach Housing Authority's letter dated July 23, 2009 and he is ecstatic that the residents in the Southwest neighborhood are not going to lose that potential $2 million that the Village Square and Village of Delray has agreed to transfer in the Transportation Improvement Fund reserved for District 7 that the Delray Beach Housing Authority worked hard to get. Mr. Bernard stated the residents on S.W. 12m Avenue will get improvements. The City Manager stated the Auburn Group has given the City their Engineering plans for that block in front of their project and this is very helpful to the City. Mayor McDuffie stated it took a lot of people coming together to make this work and thanked everyone because it is a tremendous resolution to this issue. 13.C.4. Mr. Frankel Mr. Frankel stated at the last meeting he distributed information about the pain clinics that are popping up throughout our city and last week Dania Beach became the first municipality in Broward County to take some steps into limiting these pain clinics. He stated Brian Shutt, City Attorney, is going to look at what is going on in Broward County. Mr. Frankel stated this is something we want to address before it becomes an even bigger problem. Secondly, Mr. Frankel stated he and Mayor McDuffie participated in the Clay Court Championships for 16 and 18 year olds. Mr. Frankel stated this is a two week tournament that brought 400 players and their parents to this area. He stated it was great to see the families participating and the players. Mr. Frankel thanked the organizers of the event and stated that the Tennis Center is not only used by residents and local people in our city but because of this event 400 kids and their families came. He stated this is good for the economy and the tournament was very well done. 13.C.5. Mayor McDuffie Mayor McDuffie concurred with comments expressed by Mr. Frankel and stated he saw some great tennis, great kids and great parents. Mayor McDuffie stated it does help support the economy because a lot of people come down for these youth tournaments and spend a lot of money in Delray Beach. 34 08/04/09 Secondly, Mayor McDuffie commented about a letter he received from a gentleman who lives on Lakeview Drive discussing the criminal activity over the last 12 months. Mayor McDuffie stated he has had some conversations and an email with Reverend Evelyn Evan Smith who has a home with some problems and has been talking with some of the departments within our city about trying to get some of her problems resolved. He stated the tennis tournament was fantastic. Lastly, Mayor McDuffie stated he promised himself to get out and ride periodically with the Police Department and now he would like a night with the Fire- Rescue Department. Mayor McDuffie stated he went into a briefing at 5:15 last Friday afternoon and road with four different officers until 4:00 a.m. He stated by riding with the officers on the weekends late at night you get a totally different perspective of the City of Delray Beach. Mayor McDuffie stated it was a tremendous night because it was quiet with virtually no disturbances. He stated some of the police force is very young and one officer is a very young female. Mayor McDuffie stated he admires these officers for putting themselves on the line. Mayor McDuffie commended both the Police and Fire- Rescue Departments for the great j ob that they do. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:46 p.m. 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 August 4, 2009, which Minutes were formally approved and adopted by the City Commission on City Clerk 35 08/04/09 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. 36 08/04/09 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Tliopioii.as•~~Gary Delray Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2(}5 George Bush Boulevard WHICH I SERVE IS A UNIT OF: CITY COUNTY CITY ^ COUNTY ^ OTHER LOCAL AGENCY Delray Beach, F1arida 33444 Palm Beach NAME DF POLITICAL SUBDIVISION: ~lt Of Delra Beach y y DATE ON WHICH VOTE OCCURRED MY POSITION IS: August 4, 2009 $!$ ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depend"ing on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION '112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAW from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain ar loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.355 or 163.357, F.S., and officers 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, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. 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 stock exchange). 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 from voting; and WITHIN 15 DAYS AFTER THE V07E 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. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these 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 or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • 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 form in the minutes. {Continued on other side) CE FORM 8B- EFF. 112000 Item S.M = Item 9.A.A. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. 11= YOU MAKE NO ATTEMPT TO INFLUENCE THE DEC1510N EXCEPT BY DISCUSSION AT THE MEETING: • You must disclase orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 'l5 days after the vote occurs with the person respohsible for recording the minutes of the meeting, who must incorporate 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 form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary P. EXiopoul.os_ _ ,hereby disclose that on August 4 , 20 09 (a) A measure came or will come before my agency which (check one) ____ inured to my special private gain or loss; ~ inured to the special gain or loss of my business associate, ~upi ~ Eliopou~.os Architecture ; inured to the special gain or loss of my relative, ; inured to the special gain or lass of , by whom I am retained; or _ inured to the specia[ gain or loss of ,which is the parent organizatian or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: e~~.~ .. 8/4/2009 Date Filed Sig re ~~-,• _~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §1'12.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED 8Y ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11200D PAGE 2 SPECIAL/WORKSHOP MEETING August 11, 2009 A Special/Workshop Meeting of the CitS~ Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, August 11, 2009. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Mayor Nelson S. McDuffie Absent - Commissioner Mackenson Bernard Also present were - David T. Harden, City Manager R. Brian Shutt, CitS~ Attorney Chevelle D. Nubin, CitS~ Clerk Mayor Nelson S. McDuffie called the special meeting to order and announced that it had been called for the purpose of considering the following Item: SPECIAL MEETING AGENDA 1. CONTRACT AWARD/H & J CONTRACTING INCOPORATED: Approve a contract award to H & J Contracting Incorporated in the amount of X677,121.66 for Old School Square Park Phase I Project. Funding is available from accounts 334-4151-572-63.59 (General Construction Fund/Improvements Other/Old School Square-Pk Improvements), 441-5161- 536-63.90 (Water and Sewer Fund/Improvements Other/Other Improvements) and 448-5461- 538-63.90 (Storm Water Utility Fund/Improvements Other/Other Improvements). Mr. Richard Hasko, Environmental Services Director, gave an overview of Phase I of the project to be addressed with this contract award. He stated we have worked with H & J before; and staff has a high level of confidence in this company. Mr. Hasko stated this is a 90 day project and staff has relayed this to H & J and they are comfortable with this timeline. This is a complete construction contract for all of the components of Phase I which includes some hardscape, landscaping, sodding, irrigation and underground electric as well as another set of merry-go-rounds just south of the garage. Mr. Eliopoulos asked if we have a contingency built into the contract. Mr. Hasko stated there is no contingency; but there are allowances. In addition, Mr. Eliopoulos asked about the staging area and if this timeline has been worked out with Old School Square regarding its affect on other events. Mr. Frankel asked when the work will start if this is approved tonight. Mayor McDuffie asked when we will need to be clear regarding the building of the Tree. Mr. Fetzer motioned to approve the contract award to H & J Contracting Incorporated in the amount of X677,121.66, seconded by Mr. Eliopoulos. Upon roll call, the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Said motion passed 4-0. Mayor McDuffie adjourned the Special Meeting at 6:08 p.m. WORKSHOP AGENDA 1. Presentation on the Delray Beach Digital Divide Project This item was removed from the agenda. 2. Direction regarding the Old School Square Garage Retail Space Mr. Joseph Safford, Finance Director, introduced Steve Sanford of Greenberg Traurig, and presented the results of their research regarding the 18 month Lease Purchase Option and its affect on the X26.4 million bond which is currentl~~ not taxable. In addition, he discussed the Kinsloe proposal, a Line of Credit as well as IRS regulations, and holding onto the property. Mr. Sanford briefl~~ discussed the possibility of having a brokerage contract to go along with the 48 month arrangement. David T. Harden, City Manager, discussed the appraisal; and stated it seems better to hold onto the property. Ma~~or McDuffie asked if the property will still be considered exempt regarding taxes. He also stated we need to look very thoroughl~~ at the offer that is on the table. Michael Weiner, Attorne~~ representing Mr. Thomas Kinsloe, discussed their proposal and offer. Mr. Fetzer stated it is of the utmost importance that we do not cause the bond to become taxable. He feels this should to be worked on alot further before he is totall~~ comfortable with it. Mr. Eliopoulos stated he concurs with Mr. Fetzer and is not surprised that the appraisal came in low. He stated we need to get creative regarding the possibilities of what can go into the garage space. Mr. Frankel stated the deal seems to be a mess on both ends. He has concerns with having a restaurant in this space; and asked if there has been an~~ input from the Chamber of Commerce and Old School Square. Ma~~or McDuffie reiterated that we need to keep the bond non-taxable. Mr. Rich McGloin asked if people the Community Redevelopment Agenc~~ (CRA) had spoken with regarding their interest in the space can contact staff to discuss options. It was the Consensus of the Commission for staff to negotiate this further and bring the item back to Commission on either September 10, 2009 or September 15, 2009. 3. Old School Square Annual Report and Budget Presentation Mr. Joe Gillie, Executive Director of Old School Square, introduced Brian Cheslack, President of Old School Square Board of Directors; Bob Schwartz, Finance Director; Peggy Murph~~, Director of Center Services; and Melissa Carter, Director of Marketing/Public Relations; and presented this item. He stated he is going into his 18`h ~~ear with Old School Square; and discussed the longstanding partnership, based on mutual respect, between Old School Square and the City. Mr. Gillie stated the~~ constantl~~ reinvent themselves. He explained the measurable value/benefits to the City and partner agencies. He stated Old School Square continues to position the City for tourism growth, quality of life and citizen satisfaction. Old School Square generates economic impact to Downtown Delray Beach annually, through community service, programs and discounted rates for cultural and ethnicall~~ diverse events/classes. Mr. Gillie discussed the track record of Old School Square and its mane contributions to the community. He discussed some of the challenges that are being faced b~~ Old School Square. He stated there was a 78% decrease in State grants. In addition, their 2009 revenue shortfall will be X160,000-X180,000 due to loss of sponsorships, donations and ticket sales. 2 08/11/2009 He discussed other resources that are being reviewed. He thanked Bob Barcinski, Assistant City Manager for his support. Mayor McDuffie discussed the Citizens' Survey and stated that "Availability of Arts" was listed as the third reason why people find Delray Beach a great place to live. Mr. Fetzer stated we have a great partnership with Old School Square. He asked Mr. Gillie the amount of funding he received from the CitS~ last ~~ear. Mr. Gillie stated the~~ received X205,000. Mr. Eliopoulos stated he would like to receive a cope of Old School Square's budget. In addition, he mentioned the window replacement project. Mr. Frankel commended Mr. Gillie on his presentation and stated when he thinks of Delra~~ Beach, he thinks of three things: the municipal beach, Atlantic Avenue and Old School Square. He stated he hopes we can hold the line in regards to funding for Old School Square. Ma~~or McDuffie echoed comments of Commissioners and discussed the arts and funding. He stated Old School Square is one of the jewels of Delray Beach. He thanked Old School Square for all they do. Mr. Eliopoulos stated this is a great example of mone~~ the~~ raise and how the~~ work their budget; which is a testament to that organization. 4. Police Department Staffing and Crime Update Chief Strianese conducted a PowerPoint presentation detailing police department staffing, the deplo~~ment of resources and updates regarding crime. He discussed the management plan, field interrogations, various beats, call times, workloads types and variations; as well as pros and cons regarding deplo~~ment and scheduling. He stated the~~ hold weekl~~ crime meetings. Assistant Chief Joe Milenkovic discussed the premise for the crime meetings, their effectiveness and reasons wh~~ crime sometimes spikes during certain times of ~~ear. Mr. Eliopoulos stated in regards to the police department budget, he wants to make sure that the~~ understand what ma~~ be cut in the preparation of the budget. He asked if the Commission should address this with the City Manager or staff for answers. Mr. Frankel commended the Delra~~ Beach Police Department and asked where were prescription drug crimes in regards to the report/updates. Chief Strianese stated this is out of control and ~~ears ago the~~ had asked the state to assist with this issue. Assistant Chief Milenkovic stated prescription drug crimes are not measured in numbers but in quality of life. These crimes often lead to other crimes. The Commission thanked Chief Strianese for his presentation. 5. Presentation of the proposed Utility Rate Structure Modifications Mr. Hasko discussed the current and proposed water rates via PowerPoint presentation; and stated the rates are comparing our existing commodity rates with the proposed commodity rates. He stated it is revenue neutral with respect to the charges customers would see without the surcharge. The South Florida Water Management District's permanent ~~ear round restriction program will dictate what we do and how our own surcharge ordinance will need to be changed. 3 08/11/2009 Mr. Brian Shutt, City Attorney, discussed the legal ramifications regarding the study. Mr. Harden stated he is not satisfied with the connection fees. Mr. Hasko stated he will need more time to review the connection fees. Mayor McDuffie asked that something regarding the proposed water rates be placed in News for Neighborhoods, on the website and water bills. Mr. Fetzer stated he supports doing this in concept. He feels there has to be a lot of education involved regarding water use, the rate structure and the conservation of water. He would like to go forward with this. Mr. Eliopoulos stated he supports this but needs a better grasp regarding the irrigation part. Mr. Frankel stated if people use water or more of it, then they should pay for it. He reiterated that he is all for this and education is needed. However, he feels more research should be done in regards to the connection fees. He stated our proposed rates are in line with neighboring municipalities. Mayor McDuffie stated he believes what is being done is fair. He asked if there is a benefit to switch to reclaimed water. The Commission thanked Mr. Hasko for the presentation. 6. Discussion regarding FY 2010 Budget Mr. David T. Harden, City Manager, discussed the city's reserves, fees charged by the city and the resources Boca Raton is using. Mr. Fetzer asked if the fees charged by the city have been quantified as to what this would equate to overall for the budget. Mr. Eliopoulos discussed fees charged in Community Improvement and stated we could charge fees in regards to construction. He asked why Highland Beach is charged a lesser rate in tennis fees. Mr. Frankel stated he believes fees should be raised at least 14% since the millage is being raised. He asked that we look to see where fee increases are appropriate. Mr. Fetzer reiterated that he wants to keep the millage rate the same as last year but this should be done intelligently via other alternatives. He stated he believes we are in an emergency situation and should look at using some of the reserves. Mr. Eliopoulos stated he is concerned that the list of cuts affects the poor. He does not want to see Delray Beach revert back to the 1990's. He stated Commission has to understand what they will be cutting from the list. He mentioned furloughs and stated he does not want to see a doubling of services. Mr. Frankel stated Commission needs to determine what are luxuries and what are necessities. Mr. Fetzer stated this is not the right time for a tax increase and we should look at the employee base to help solve the millage issue. He stated they have to come up with a reasonable approach to this. The CitS~ Manager stated he would like to schedule a shade meeting next week. Mr. Eliopoulos stated he agrees with points brought up by Mr. Fetzer but does not agree with using the reserves. 4 08/11/2009 Mr. Frankel stated he will attend the Florida League of Cities' Conference on Thursday and Friday and there are specific workshops related to budget. He will share any information he receives with the Commission. Mr. Fetzer commented that he would like to go through the list of cuts and the Budget Task Force Report in detail. Mayor McDuffie stated they need a workshop totally dedicated to going through the budget, etc. Mr. Harden stated the August 25, 2009 workshop will be dedicated to budget. He informed the Commission that they could set additional workshops if they so desire. It was the consensus of the Commission to schedule an additional budget workshop for Tuesday, September 1, 2009. Mayor McDuffie adjourned the Workshop Meeting at 9:38 p.m. City Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, August 11, 2009, which Minutes were formally approved and adopted by the City Commission on August 18, 2009. 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 amendments, additions or deletions to the Minutes as set forth above. 5 08/11/2009 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 RESOLUTION 34-09 ITEM BEFORE COMMISSION The item before the City Commission is for approval of a resolution supporting submittal of an application seeking City designation as a 2010 Distinctive Destination. BACKGROUND The City of Delray Beach and the Delray Beach Historical Society are partnering to apply fora 2010 Distinctive Destination designation. The Dozen Distinctive Destinations program recognizes unique cities and towns that are working to preserve their historic character, promote heritage tourism, enhance their community and encourage others to enjoy all they have to offer. Each year since 2000, the National Trust for Historic Preservation (NTHP) has selected 12 destinations across America that offer an authentic visitor experience by combining dynamic downtowns, diverse cultural activities, attractive architecture and a strong commitment to historic preservation, sustainability and revitalization. There are currently three such designated destinations in the State of Florida: Fernandina Beach (2002), Key West (2005), and Apalachicola (2008). The NTHP website notes that selected destinations receive the following benefits: • Promotion through the National Trust for Historic Preservation web site, which receives over 200,000 visitors a month, and an entire web page dedicated to your destination. • Inclusion in a feature story about the Distinctive Destinations in Preservation magazine. • Support from the National Trust for Historic Preservation in planning a local media event. Past events have included governors, senators, mayors, local representatives, and community members. • A promotional toolkit and press release. • A certificate and plaque from the National Trust for Historic Preservation. • The title of 2010 Dozen Distinctive Destination® and use of the program logo on all materials. It is anticipated that the complete application packet will be submitted on or around August 25, 2009 to meet the September 1, 2009 submittal deadline. RECOMMENDATION Staff recommends approval of Resolution No. 34-09 to support the application fora 2010 Distinctive Destination designation. RESOLUTION NO. 34-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF APPLYING FORA 2010 DISTINCTNE DESTINATION DESIGNATION WHEREAS, Delray Beach presents an authentic experience to residents and visitors alike through its historic character and charm, and a variety of cultural and historical attractions which appeal to individuals, couples, and families of all races, cultures, and creeds; and WHEREAS, Delray Beach's dynamic downtown consists of the vibrant Atlantic Avenue and the surrounding neighborhoods which include locally designated historic districts, and an array of locally owned businesses; and WHEREAS, Delray Beach is committed to preservation and honors the community's diverse cultural traditions and events through City support and many dedicated local businesses, organizations and volunteers; and WHEREAS, Delray Beach's "Green Ethic" is represented by the walking and biking tours provided year-round, a free Downtown Shuttle, and weekly Green Market, complimented by the City's commitment to sustainability and revitalization efforts, and creation of a Green Task Force; and WHEREAS, Delray Beach's heritage tourism infrastructure consists of locally owned retail shops and boutiques, diverse and unique dining opportunities, year-round cultural and heritage festivals, award- winning beaches, and accommodations in nationally recognized historic structures; and WHEREAS, designation as a 2010 Distinctive Destination will promote Delray Beach's unique "Village by the Sea" character and charm, and reinforce Delray Beach's recent designation as a Preserve America Community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: That we support applying fora 2010 Distinctive Destination designation. PASSED AND ADOPTED in regular session on the 18th day of August, 2009. MAYOR Attest: City Clerk You are invited to become one of Each year since 2000, the National Trust for Historic Preservation has selected 12 destinations from across the country that offer authentic visitor experiences by combining dynamic downtowns, diverse cultural activities, attractive architecture and a strong commitment to historic preservation, sustainability and revitalization. The Dozen Distinctive Destinations° program recognizes unique cities and towns that are working to preserve their historic character, promote heritage tourism, enhance their community and encourage others to enjoy all they have to offer. WHY YOU SHOULD APPLY Your community will benefit by receiving: • Promotion through the Inclusion in a feature story National Trust for Historic Pres- in Preservation magazine. ervation's web site Preservation .Support from the National Nation.org, which receives over Trust in planning a local media 200,000 visitors a month, and event. Past events have included an entire web page dedicated to governors, senators, mayors, your destination. local representatives, and • A promotional toolkit and community members. press release. The title of 2010 Dozen • A certificate and plaque from Distinctive Destination° and the National Trust for Historic use of the program logo on all asovE: Santa Barbara, California (2009) RIGHT: Crested Butte, Colorado (2008) Preservation. materials. THIS YEAR: The public will vote on a "fan favorite" from among 12 selected destinations. The National Trust for Historic Preservation will announce the winner of the popular vote in early March. MEDIA COVERAGE: Past Distinctive Destinations have been featured in The New York Times; CNN, USA Today, National Geographic Travele%~ ABC News; Travel + Leisure; Los Angeles Times; Reuters; and Budget Trave% CovER PHOTOS-TOP: Fort Worth, Texas (2009); BOTTOM PHOTOS-CLOCKWISE FROM To P: Santa Barbara, California (2009); Lititz, Pennsylvania (2009); Chestertown, Maryland (2007); Portland, Oregon (2008) Visit www.PreservationNation.org/ddd to see a complete list of Distinctive Destinations and apply today. To learn more call 202.588.6141 or email Dozen@nthp.org. Friday Harbor, Washington (Zoos) the '~N~1T Fi~#-1~~3 ~'~CIR ~~QFIFI1,1M1'F~ ~13T1 '~ `~~~~rr ~ ~~ I^^1*li~ ~r~s ~ ~~ '~F' ~+ar~nrr-u~iN~s n~rr-nod ~r~ ~~r C~a~~n Dis~tAFfl~ Gr+r~tlr~ati~rr~ry ~~ fn n~nf ~ 1n~ih~d~: -~i~p +~, ~ wi~+ +s~ aims the nos axd t~+~t-~1~ Crowe m~s~. ire ~a~ air ~ai~ sae fit. ~~ t~r~eauti~rr~sl ~~;, v~ri~'i m ~~i~tr~ ~~ , Pii~ I~~ ~~ ~li~-iu. ~ ~ ~t~#ea~ i~ ~.u~t ~ i~ ~~~# ~+~+m ~ r pity, w~hRn~, ssi~ fi~rr~ ~bd~ #~rgr~'~I~, ~~ ~i pun ens p~~i4r ®ne t t~1a#_~c~ ~fim~ ~~ ~h~v!f~6 .~ ~lyq~ ~~ik~ ~i~h AA~i.~ ~f~ ~ ~ ~ ~srum~ ~` ~lar~r~~ ~~fl$IA ~s ~~ ,~ ~r-.~i~t~ ~~rt~~}~a~ a~ tip ~t ~r~~ ~ ~ ~r ~P ~its~~~ ~tri ~~ ~ n ~~ HNC l ~s Flass~e iz .~ ~Ave,~u~, 6i!ItV wwh+rr~an r^~,~;e ~i~IrF~~~f iy~l MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 16, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 HOLD HARMLESS AGREEMENTS/HARBOUR HOUSE HOMEOWNERS ASSOCIATION ITEM BEFORE COMMISSION This item is before the Commission to approve Hold Harmless Agreements, from the four property owners that make up the Harbour House Homeowners Association, for the installation of a removable fence within a public utility easement. BACKGROUND Harbour House is a four unit residential development that is located on the north side of NE 1st Street abutting the west bank of the Intracoastal Waterway. When the development was built the City allowed a removable fence to be constructed, along the south property line, over the utility easement that runs north-south abutting the western side of the Intracoastal Waterway. Now the property owners that make up the Harbour House Homeowners Association are requesting that they be allowed to construct removable fences along their property lines. RECOMMENDATION Staff recommends approval of the Hold Harmless Agreements. Prepared by: ItETLTRN: It. Erian Shutt, Esq. City Att®rney's Office 200 N.T. 1st avenue Delray Eeach, FL 33444 I~®LI) ESS AG E FR I It® S PLACED VVI 1~1 A ILITY E E T S TI®L ESS AG E is entered into this day of 200_ by and between the CITY I+' I)EL I' ~EAC , FL®I2IDA, ,. s (hereinafter referred to as "CITY") and t ; .~, ' ~ ~ ~ (hereinafter r ~ z' 9 referred to as "®WI~TEIZ"). WIT~TESSE°TTI: AS, ® It owns property located at ,'~rt~ ` ,>'.~' < ~: gyp' :`~~ ,Delray Feach, Florida, and has requested CITY to allow for the installation of removable fence in a public utility easement9 and AS, ® I~ agrees to hold CITY h ess for any damage which might be caused to the removable fence as a result of maintenance within the public utility easement or any action brought against the CITY as a result of the removable fence in the public utility easement. I~, T F ,for the mutual covenants and matters set fo herein, as of the date set fo above, the parties hereby agree as follows: 1. 'The recitations set forth above are incorporated herein. 2. R is the owner of property described in Exhibit "?.'~, which also shows or describes the public utility easement. 3. That ® R wishes to install a(n) removable fence in the area, as shown on Exhibit "E~', an the public utility easement pursuant to the City of Delray beach Code of ®rdinances. Such removable fence shall not be installed any closer than ten feet to the public utilities. 4. VV I~ acknowledges that the CITY shall assume no responsibility or mainte ce for the removable fence and any improvements thereto, which ® It places within the public utility easement and that It shall be responsible for the upkeep and maintenance of such removable fence and associated improvements in the public utility easement in accordance with the Code of ®rd' ces of the CITY. 5. 12, in consideration of the mutual covenants set forth Herein, agrees to defend, indemnify, and Hold h ess the CI , zts agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, whicH may result from the placement or existence of the removable fence and improvements in the public utility easement. ®VV Her agrees to Hold the C ,its agents, officers, employees and servants ha ess for any damage to the removable fence and associated improvements ® I2 places within the public utility easement. It is understood that any cost for replacement or repair of the removable fence and associated improvements shall be the W lt'S responsibility, and the CITY will not be Held liable for any damage to the removable fence and associated improvements as a result of any intenance or construction within the public utility easement by the CITY. 2 6. The CITY Ynay request, ~n its sole discret~onp that the rcn7®vable fence be removed from flee. public easement. In the event of such request, W R agrees to remove the removable fence from the public easement within 30 days of receiving the written request, 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to tl~e party at the following address: CITY: Environmental Services Director City of Delray Eeach 434 South Swinton Avenue Delray Eeach, FL 33444 e _ y f r ~~ _ ~~_. ~ e~ ~.~ 8. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public records of Palm >Eeach County and shall run with the land. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any claim or lawsuit arising out of this AgreeYnent shall be in Palrn Eeach County. IT1 ~ITI~TESS EItE®F, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY ~F DEL Y EEACPI, FL® DA 3 Py: WITNESSES: :fie, (Print or Type Na ) ® EIt: ~y: ~~ ~ ~~ ~. t (Print or Type Name) (Print or Type Nance) (SEAL.) STATE OF r:,F'~ e,' ; ~' ~~ The foregoing instruanent was acknowledged before me this ~'-~ day of ~;~ _~ _ °~' , 200 > by ' ~ ~_'~ 1 :'_ ~ ° ~ . ~ d"€ (name of officer or agent), of (name of corporation}, a (State or place of incorporation} corporation, on behalf of the corporation. Ike/~he,tis ~rsonal~ kno®vn to xne or ~.._r_ has produced (type of identificati®n) as identification and did%dd not take an oath. ~-- - ~ ~_°' ~, ,r r1P ~ °: :Commission #DD7I '°-. „••''~ Expires: SEP 24, X111 BQP~1~H 7HRII ATf.ANTIC BON]?IIliOCO,INC (SEAL,} Signature of Notary Public - State of ~ ~ ~=_ 4 FINAL SURVEY LOT 1, "HARBOUR HOUSE PLAT" PB 102, PGS 101 THROUGH 102 PALM BEACH COUNTY RECORDS 1.5.3' N03'45'14W_ 0/26/06 2 09 , LAND DESCRIPTION: SCALE: 1 "=20' LOT 4, HARBOUR HOUSE PLAT, ACCORDING TO 7HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 102, PAGES 107 THROUGH 102, PALM BEACH COUNTY RECORDS. SAIp LANDS BEING IN THE CITY OF DEIRAY BEACH, CONTAINING 4810 SQUARE FEET, MORE OF LESS. SURVEY NOTES: 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY SHAH, DROTOS & ASSOC., P.A. FOR RIGHTS-OF-WAY EASEMENTS, OWNERSHIP OR OTHER INSTRUMENTS Of RECORD. 2. UNDERGROUND FOUNDATIONS AND INSTALLATIONS-NOT LOCATED. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE HARBOUR HOUSE PLAT AS RECORDED IN. PLAT BOOK 102, PAGES 101 THROUGH 102, PALM BEACH COUNTY RECORDS. 4. VERTICAL DATUM IS BASED ON NGVD 1929. 5. BUILDING DIMENSIONS ARE MEASURED AT EXTERIOR WALL LINES LEGEND: A/C =AIR CONDITIONING BFP =BACK FLOW PREVENTER BLDG =BUILDING CAN =CABLE T.V. CONC =CONCRETE Cg =CATCH BASIN CBS =CONCRETE BLOCK CO =CLEAN OUT DMH =DRAINAGE MANHOLE EL =ELEVATION ESB =ELECTRIC SERVICE BOX ESMT. =EASEMENT FF =FINISHED FLOOR F.H. =FIRE HYDRANT FND =FOUND FPL =FLORIDA POWER & LIGHT GV =GATE VALVE G.U. =GENERAL UTILITY PRM =PERMANENT REFERENCE MARKER pCp =SET PERMANENT CONTROL POINT LB#6456 SIR =SET IRON ROD & CAP l8#6456 SBT =SOUTHERN BELL TELEPHONE RISER SMH =SANITARY MANHOLE S.F. =SQUARE FEET UE =UTILITY EASEMENT WM =WATER METER X =SPOT ELEVATION LOCATION WS =WATER SERVICE O.R.B. =OFFICIAL RECORD BOOK FOR THE FlRM, BY: ~~~`~° °' ~M~I~~CHA DNNgqRLLOSggE~~RR pp FLORIDASIREGISTRATION N0.~3998 PPER UNLESS IT BEARS THE SIGNATURE AND ORIGINAL FLORIDA LICENSED SURVEYOR AND MAPPER THIS SURVEY IS FOR INFORMATIONAL PURPOSES ONLY R- O D /a SHtlil ENGINEERING ~?~ DROTOS ~,Rr~,Na As50C1ATE5 PLAIININO CERTIFICATE OF AUTHORIZATION NO. L8 6456 FINAL SURVEY BJA 10/27/0 MDR 3410 N. Androwi Avenue Exf • Pompano Bsaeh, FL 33064 REVISIONS DWN DATE FB/PG CHKD PH: 954-943-9433 • FAX: 954-783-4754 EXHIBIT A EXHIBIT B A -l a :, ~,.. ~f_ m v c m m 0 E m oc m v c m m a 0 m a m v c m m w 0 E Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 20U N.W. lst Avenue Delray Beach, FL 33444 HOLD HARMLESS AGREEMENT FOR IlVII'ROVEMENTS PLACED WITHIN A UTILITY EASEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this day of 200 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and ; ~~~~„ ~~ ~ ; ; ~~ ~~ ~~~ ~ Ufa ~,'` ,~- , (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, OWNER owns property located at . ~ # f . -~ ~'~t ,Delray Beach, Florida, and has requested CITY to allow for the installation of removable fence in a public utility easement; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the removable fence as a result of maintenance within the public utility easement or any action brought against the CITY as a result of the removable fence in the public utility easement. 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 recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "A", which also shows or describes the public utility easement. 3. That OWNER wishes to install a(n) removable fence in the area, as shown on Exhibit "B", in the public utility easement pursuant to the City of Delray Beach Code of Ordinances. Such removable fence shall not be installed any closer than ten feet to the public utilities . 4. OWNER acknowledges that the CITY shall assume no responsibility or maintenance for the removable fence and any improvements thereto, which OWNER places within the public utility easement and that OWNER shall be responsible for the upkeep and maintenance of such removable fence and associated improvements in the public utility easement in accordance with the Code of Ordinances of the CITY. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the removable fence and improvements in the public utility easement. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the removable fence and associated improvements OWNER places within the public utility easement. It is understood that any cost for replacement or repair of the removable fence and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held laable for any damage to the removable fence and associated improvements as a result of any maintenance or construction within the public utility easement by the CITY. 2 6. The CITY may request, in its sole discretion, that the removable fence be removed from the. public easement. In the event of such request, OWNER agrees to remove the removable fence from the public easement within 30 days of receiving the written request. 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: CITY: Environmental Services Director Ciry of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 OWNER: ~ `' ~-,' , . sE e. ~ 7 r , r 8. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any claim or lawsuit arising out of this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA 3 By: Ciry Clerk Approved as to Form: By: City Attorney WITNESSES: ~ a '~ ~, ~° (Pr' 6t or Type Name) (Print or Type Name) STATE OF ~~Y lei ~~ COUNTY OF ~ 1^C~s°E~t'' By: OWNE1 By: (Print or Type Nand) g_. (SEAL) ~ ~.~`~ The foregoing instrument was acknowledged before me this ~(p-~h day of ~Lti'1 ' 200] by ~~'I,LCG ~(~~('' (name of officer or agent), of N ~ (name of corporation), a ~ (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced 1~ I ~ (type of identification) as identification and did/did not take an oath. gnatur o Notary Public - tate of ~~ 4 FINAL SURVEY LOT 2, "HARBOUR HOUSE PLAT" PB 102, PGS 101 THROUGH 102 PALM BEACH COUNTY RECORDS " ' SCALE: 1 =20 ... /C ;P.Ab.. . A~ LEV~6:1 _ k9 ~~® LAND DESCRIPTION: ,~ ~ -_t ~'"~' LOT 4, HARBOUR HOUSE PLAT, ACCORDING TO ~ THE PLAT THEREOF, AS RECORDED IN PLAT ~, » X 101 THROUGH 102, PALM BEACH OUNNORECORDS A TRACT ~_. ' . C l~ Q6'19"1V 3t?.5 SAID LANDS BEING IN THE CITY OF DELRAY BEACH, CONTAINING 4810 SQUARE FEET, MORE OF LESS. ~ ~ ~ PAVERS rte, ~ ~ SURVEY NOTES: _. :~sai I `o~ ,~ ~ c ' ' o: P. 1. LANDS SHOWN HEREON WERE NOT n" j °~"''~ ~~ 3 ABSTRACTED BY SHAH, DROTOS & , ~, Mi 1 ~; ~ „t• P ~ ASSOC., P.A. FOR RIGHTS-OF-WAY t ~ ~2 ty` PAVERS , s ~ ~ ' EASEMENTS, OWNERSHIP OR OTHER r ~~~w ,yr, !,-tr r: a• ' %11 60 ~ INSTRUMENTS OF RECORD. 7 N . . •~°,, 12.00' "t: 2. UNDERGROUND FOUNDATIONS AND ' INSTALLATIONS-NOT LOCATED. a - - - 3. BEARINGS SHOWN HEREON ARE RELATIVE N ! TO THE HARBOUR HOUSE PLAT AS RECORDED 1O- i IN PLAT BOOK 102, PAGES 101 THROUGH 102, PALM BEACH COUNTY RECORDS. r 30 . - 4. VERTICAL DATUM IS BASED ON NGVD 1929. Q ,o ~}~+ ~ 5. BUILDING DIMENSIONS ARE MEASURED AT + ,;; EXTERIOR WALL LINES , °' e.. -~ '4A ~~;~~~`~AVERS •J;1`' +• ~ LEGEND: N N °' 1.30' e N A C =AIR CONDITIONING P Z 8 8 9.53' ~ =BACK FLOW PREVENTER BF BLDG =BUILDING r ~ CATV =CABLE T.V. r ~ n n U N I T B '~ ~ CONC =CONCRETE Cg =CATCH BASIN ~ ~ THREE STORY -a -+ CBS =CONCRETE BLOCK -{ ~~ TOWNHOUSE ~ i DMH =DRAINAGE MANHOLE y c R~Ei s.zs' ~ ~ -' EL =ELEVATION pt - W cp ESB =ELECTRIC SERVICE BOX tss3' •ta t ESMT. =EASEMENT =FINISHED FLOOR o FF ` ~ ~ ~~~ ~ 2.22' V ` F.H. =FIRE HYDRANT v, ~! ., '0 FND =FOUND h0 a t ' Fpl. =FLORIDA POWER & LIGHT ? ti 12.43 Gy =GATE VALVE ~ ~ h G.U. =GENERAL UTILITY ,t~ ` PRM =PERMANENT REFERENCE ~• MARKER PCP =SET PERMANENT CONTROL POINT LB#6456 SIR =SET IRON ROD & CAP LB#6456 ,to SBT =SOUTHERN BELL TELEPHONE RISER a SMH =SANITARY MANHOLE S.F. =SQUARE FEET ° Y0 ~ UE =UTILITY EASEMENT r WM =WATER METER 24' WATER qNp N `"• ~ X =SPOT ELEVATION LOCATION 8 SEWER EASEME WS =WATER SERVICE NT O.R.B. =OFFICIAL RECORD BOOK `tASE6RM~n1T~- ~ I ~~ M ,I y. PILIN 7 ~ y. tNTRACOASTAL PILING FOR THE FIRM, BY: MI A EL DD ROSE WATERWgy ~~ ~ o FFI ryry ~~ FLORIDASIt2EGiSTRATION NaA3998PER DATE OF FIELD WORK:_ 10/26 O6 UNLESS Cf BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROJECT N0: 03-0635A FLORIDA LICENSED SURVEYOR AND MAPPER THIS MAP OF BOUNDARY FOR INFORMAT SURV EY IS IO NAL PURPOSES ONLY AND IS NOT VALID. FILE NAME: X: CAD SURVEY\0635A00\FINALS\0635FINAL PIANS.DWG II A / y ~ ~' i~ A S11HH EN6INEEAIN6 17J.,~li DROTOS I suRVEVatc S S O C !ATE 5 PLANNING FINAL SURVEY BJq t0/2~/o MDR CERTIFICATE OF AUTHORIZATION NO. LB 5456 3410 N. Mdr~ws Avnu• Ext • Pompano B•aeh, FL 33064 REVISIONS DWN DATE FB/PG CHKO PH: 954-943-9433 • FAX: 954-783-4754 EXHIBIT A EXHIBIT B A -l a :, ~,.. ~f_ m v c m m 0 E m oc m v c m m a 0 m a m v c m m w 0 E Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 HOLD HARMLESS AGREEMENT FOR IMPROVEMENTS PLACED WITHIN A UTILITY EASEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this day of 200_ by and between the CITY OF DELRAY BEACH, FLORIDA, ~ e- (hereinafter referred to as "CITY") and , _ ~' ~r ~ °~ ~~~ ` ~ , `~~. ~' ~_Y~ p - ~.~_ , (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, OWNER owns property located at _ `~`' ~ ~ ~~~-~ ,Delray Beach, Florida, and has requested CITY to allow for the installation of removable fence in a public utility easement; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the removable fence as a result of maintenance within the public utility easement or any action brought against the CITY as a result of the removable fence in the public utility easement. 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 recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "A", which also shows or describes the public utility easement. 3. That OWNER wishes to install a(n) removable fence in the area, as shown on Exhibit "B", in the public utility easement pursuant to the City of Delray Beach Code of Ordinances. Such removable fence shall not be installed any closer than ten feet to the public utilities. 4. OWNER acknowledges that the CITY shall assume no responsibility or maintenance for the removable fence and any improvements thereto, which OWNER places within the public utility easement and that OWNER shall be responsible for the upkeep and maintenance of such removable fence and associated improvements in the public utility easement in accordance with the Code of Ordinances of the CITY. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the removable fence and improvements in the public utility easement. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the removable fence and associated improvements OWNER places within the public utility easement. It is understood that any cost for replacement or repair of the removable fence and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage to the removable fence and associated improvements as a result of any maintenance or construction within the public utility easement by the CITY. 2 6. The CITY may request, in its sole discretion, that the removable fence be removed from the public easement. In the event of such request, OWNER agrees to remove the removable fence from the public easement within 30 days of receiving the written request. 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to the parry at the following address: CITY: Environmental Services Director City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 x jf OWNER: 4: ; t:3. ~; _ ''~ .. ¢ `~' 8. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any claim or lawsuit arising out of this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA 3 By: City Clerk Approved as to Form: By: City Attorney WITNESSES: ~~ __ _; ~. ~-~' , , (Print or Type Name) By: OWNER: Y .~~ ; B (Print or T p ame) (Print or Type Name) (SEAL) _ -; STATE OF . COUNTY OF - {,~- ~"&` _'€ v} The foregoing instrument was acknowledged before me this ~'-~ day of F ~,r, , 200`~~ by '~~, ~ F: ;~ ~_'~' (name of officer or agent), of -. , ; _ ~ ~ , - .. , ~' _ (name of corporation), a r .. _ ~ ' = • _ (State or place of incorporation) corporation, on behalf of the corporation. es`He/She i_s ~ersonal~ ,known to _me_ or has produced (type of identification) asidentification and did/did not take an oath. At~+T ~~51°A1'E ® m~,. ~~7t~~Tl eorra~n ~.~~~ ar~,emtc ~oxnuvaco,a~c, (SEAL) ..-- N- __ ;~ Signature of Notary Public - State of , 4 FINAL ~ S URVEY r O ---i -~ LOT 3, "HARBOUR HOUSE PLAT" PB 102, PGS 101 THROUGH 102 PALM BEACH COUNTY RECORDS _ /c Pno , EV=6.1 9, ~, .• ~A r -A` v ~~ ~,~A r O N h• y, h0 PILIN 9 5~~32 ~~ IU PIU F r "jy 3p ~. 1NrrxacoASraL 87 ~TFRWAy DATE OF FIELD WORK: 10/26/06 _~~ FILE) NAME:O~ X:\CAD SURV EY\0635A00\FINALS\0635FlNAL PLANS.OWG FINAL SURVEY g~q ~o/s~~o MDR - REVISIONS DWN DATE FB/PG CHKD SCALE: 1 "=20' LAND DESCRIPTION: LOT 4, HARBOUR HOUSE PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 102, PAGES 101 THROUGH 102, PALM BEACH COUNTY RECORDS. SAID LANDS BEING tN THE CITY OF DELRAY BEACH, CONTAINING 4810 SQUARE FEET, MORE OF LESS. SURVEY NOTES: 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY SHAH, DROTOS & ASSOC., P.A. FOR RIGHTS-OF-WAY EASEMENTS, OWNERSHIP OR OTHER INSTRUMENTS OF RECORD. 2. UNDERGROUND FOUNDATIONS AND INSTALIATfONS-NOT LOCATED. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE HARBOUR HOUSE PLAT AS RECORDED IN PLAT BOOK 102, PAGES 101 THROUGH 102, PALM BEACH COUNTY RECORDS. 4. VERTICAL DATUM IS BASED ON NGVD 1929. 5. BUILDING DIMENSIONS ARE MEASURED AT EXTERIOR WALL ONES LEGEND: A/C =AIR CONDITIONING BFP =BACK FLOW PREVENTER BLDG =BUILDING CATV =CABLE T.V. CONC =CONCRETE CB =CATCH BASIN CBS =CONCRETE BLOCK CO• =CLEAN OUT DMH =DRAINAGE MANHOLE EL =ELEVATION ESB =ELECTRIC SERVICE BOX ESMT. =EASEMENT FF =FINISHED FLOOR F.H. =FIRE HYDRANT FND =FOUND FPL =FLORIDA POWER & LIGHT GY =GATE VALVE G.U. =GENERAL UTIUTY PRM =PERMANENT REFERENCE MARKER PCP =SET PERMANENT CONTROL POINT LB#6456 SIR =SET IRON ROD & CAP LB#6456 SBT =SOUTHERN BELL TELEPHONE RISER SMH =SANITARY MANHOLE S.F. =SQUARE FEET UE =UTILITY EASEMENT WM =WATER METER X =SPOT ELEVATION LOCATfON WS =WATER SERVICE O.R.B. =OFFICIAL RECORD BOOK / / FOR THE FIRM, BY: MICHFdEEL D gRLOSgE~R qN Mpp FLORIDA IRECISTRATION ONO. 3998 PER UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSEO SURVEYOR AND MAPPER THIS MAP OF BOUNDARY SURV/E•Y IBS FOR INFORMATIO,~N~AYL PURPOSES ONLY AND IS NOT VALID. ~,1^ ^^~' ~A SHAH ENOINEERINC 1.7J.~1'i DROTOS SURVEYING SSOCIATES PUNNING CERTIFICATE OF AUTHORIZATION NO. L8 6456 3410 N. Andr~w• Avnw Ext • Pompano 8•aeh, FL 33064 PN: 954-943-9133 • FAX: 954-783-4754 EXHIBIT A EXHIBIT B A -l a :, ~,.. ~f_ m v c m m 0 E m oc m v c m m a 0 m a m v c m m w 0 E Prepared by: RETURN: R_ Brian Shutt, Esq. City Attorney's Office 200 N_W. 1st Avenue Delray Beach, FL 33444 HOLD HARMLESS AGREEMENT FOR IMPROVEMENTS PLACED WITHIN A UTILITY EASEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this day of 200_ by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and =~- ~'.r.~ ~~ ~` . ~` ~{ ar ,~ ~' ° ~ ,(hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, OWNER owns property Located at '~ ~~~ ~`~ `~ ~ ~, > .~ : `~~° ,Delray Beach, Florida, and has requested CITY to allow for the installation of removable fence in a public utility easement; and WHEREAS, OWNER agrees, to hold CITY harmless for any damage which might be caused to the removable fence as a result of maintenance within the public utility easement or any action brought against the CITY as a result of the removable fence in the public utility easement. 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 recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "A" , which also shows or describes the public utility easement. 3. That OWNER wishes to install a(n) removable fence in the area, as shown on Exhibit "B", in the public utility easement pursuant to the City of Delray Beach Code of Ordinances. Such removable fence shall not be installed any closer than ten feet to the public utilities. 4. OWNER acknowledges that the CITY shall assume no responsibility or maintenance for the removable fence and any improvements thereto, which OWNER places within the public utility easement and that OWNER shall be responsible for the upkeep and maintenance of such removable fence and associated improvements in the public utility easement in accordance with the Code of Ordinances of the CITY. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the removable fence and improvements in the public utility easement. OWNER further agrees to hold the CITY, its agents, officers, employees and ser=vants harfr~less for ar~y da-nage to the removable fence and associated improvements OWNER places within the public utility easement. It is understood that any cost for replacement or repair of the removable fence and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage to the removable fence and associated improvements as a result of any maintenance or construction within the public utility easement by the CITY. 2 6. The CITY may request, in its sole discretion, that the removable fence be removed from the public easement. In the event of such request, OWNER agrees to remove the removable fence from the public easement within 30 days of receiving the written request. 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: CITY: Environmental Services Director Ciry of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 OWNER: -'4; __ ~ t' ,r'~, ~ ~ ~~', ,# r_ _~ t r, ~U~~' J ;' q f 1.y~;~ ~ 8. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any claim or lawsuit arising out of this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA 3 By: City Clerk Approved as to Form: By: City Attorney WITNESSES: . 1 ,__ .~'.. - _ ;, ; ~' i (Print or Type Name) (Print or Type Name) STATE OF .~":'i~ ~' yz'° ,~ COUNTY OF ~ , By: OWNER: ~f~ ~~~ f ~; .r By: C~" ` ~~ ~ r (rint or Type Name) (SEAL) ~j The foregoing instrument was acknowledged before me this ~ _F.__ day of ~t~ s ~r , 200; by ,~ ~ ' ,~ l~ 'r` ~ ~ ~ ;`f~, C' "s, (name of officer or agent), of (name of corporation), ,~, (State or place of incorporation) corporation, on behalf of the corporation. ,;~-IelShe is~ersonally known to me or has produced (type of identification) as identification and didldid not take an oath. °--- -° - i ;,, ~ o fLTBi ~~ r., `` - L' .._ (SEAL) tt~o'Zct,~ ~~.t~ ~°° , ~~,~~~ Signature of Notary Public - ,f , State of . I~~r'iie 1' Sr~sitt~ g P Commissiozj ~DD718ZT7 ~ONDfi'! `: 4 FINAL SURVEY LOT 4, "HARBOUR HOUSE PLAT" PB 102, PGS 101 THROUGH 102 PALM BEACH COUNTY RECORDS / / y T /Q A 9.81 ' \LJNE C O A S T PLANS.DWG LAND DESCRIPTION: SCALE: 1 "=20' l0T 4, HARBOUR HOUSE PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 102, PAGES 101 THROUGH 102, PALM BEACH COUNTY RECORDS. SAID LANDS BEING IN THE CITY OF DELRAY BEACH, CONTAINING 4810 SQUARE FEET, MORE OF LESS. SURVEY NOTES: 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY SHAH, DR070S & ASSOC., P.A. FOR RIGHTS-OF-WAY EASEMENTS, OWNERSHIP OR OTHER INSTRUMENTS OF RECORD. 2. UNDERGROUND FOUNDATIONS AND INSTALLATIONS-NOT LOCATED. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE HARBOUR HOUSE PLAT AS RECORDED IN PLAT BOOK 102, PAGES 101 THROUGH 102, PALM BEACH COUNTY RECORDS. 4. VERTICAL DATUM IS BASED ON NGVO 1929. 5. BUILDING DIMENSIONS ARE MEASURED AT EXTERIOR WALL LINES LEGEND: q~C =AIR CONDITIONING BFP =BACK FLOW PREVENTER BLDG =BUILDING CAN =CABLE T.V. r CONC =CONCRETE ~ Cg =CATCH BASIN CBS =CONCRETE BLOCK .--{ CO =CLEAN OUT DMH =DRAINAGE MANHOLE EL =ELEVATION W ESB =ELECTRIC SERVICE BOX ESMT. =EASEMENT FF =FINISHED FLOOR F.H. =FIRE HYDRANT FNO =FOUND FPL =FLORIDA POWER & LIGHT GV =GATE VALVE G.U. =GENERAL UTILITY PRM =PERMANENT REFERENCE MARKER pCp =SET PERMANENT CONTROL POINT LB#6456 SIR =SET IRON ROD & CAP LB#6456 SBT =SOUTHERN BELL TELEPHONE RISER SMH =SANITARY MANHOLE S.F. =SQUARE FEET UE =UTILITY EASEMENT WM =WATER METER X =SPOT ELEVATION LOCATION WS =WATER SERVICE O.R.B. =OFFICIAL RECORD BOOK FOR THE FIRM, BY: /A ~M~I~~CHpp L 0. ROSgE~ y M FLORI ASIREGISTRA"f 'ONYONR0.~3998APPER UNLESS IT BEARS THE SIGNq'NRE ANO ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER•THIS MAP OF BOUNDARY SURVEY IS FOR INFORMATIONAL PURPOSES ONl1f AND IS NOT VALID. 6r~ ^ 1 OC S11L1I1 EMOINEERINO -'1~L'3.DROTOS suevEtmta SSOCIATES PUJtNINO CERTIFICATE OF AUTHORIZATION NO. LB 64s6 FINAL SURVEY BJA to/27/o MDR 3410 N. Andawa Awnu• Ext • Pompano Beach, FL 33064 REVISIONS DWN DATE FB/PG CHKO PH: 954-943-9433 • FAX: L54-783-47s4 wATERM~AY EXHIBIT A EXHIBIT B ..p,., Y_ @~ tDh m v c m m O m v c m m O m m U C m m O ^~~ ^W W L ~~~--+ VJ a--~ r W Z N 00 _` ° ~ ~ Q ~ M <- Qo O ~-p~i0 cLL a ~ 0 0 N r MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko; P.E., Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: August 10, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 DEVELOPER'S AGREEMENT/SANDS TERRACE CONDOMINIUM ITEM BEFORE COMMISSION This item is before the Commission to approve and authorize the Mayor to execute a Developer's Agreement with Maria Robles, the owner of Sands Terrace Condominiums. The Developer's Agreement, in the not to exceed amount of $25,840.00, is to cover the construction costs of a water main upgrade from 2" to 8" in accordance with the City's water main upgrade master plan. BACKGROUND Sands Terrace Condominium is an existing property located at 135 NW 1st Avenue, at the northwest corner of Block 75. The property contains a two story, fourteen unit, multi-family structure built in 1979. The site is currently under reconstruction to include the following: addition of parking spaces at the rear of the structure (east side), reconfiguration of the driveway to the rear with aone-way entry off of NE 2nd Street, installation of parking spaces along NE 2nd Street, improvement of six parking spaces along NE 1st Avenue, removal of wood fencing at property's rear, and landscape improvements throughout the site. The construction is not considered new development or redevelopment, but aesthetic upgrades to existing site facilities with no change in density, land use, etc. A review conducted of the existing potable water and sanitary sewer infrastructure revealed water services along the block are currently provided from a 2" water main, thus requiring an upgrade under the master plan. The owner's proposed parking improvements within the Right-of-Way would require relocation of this existing 2-inch main. This agreement will expedite the upgrade of the water main in front of the property to coincide with the current site improvements. The required upgrade identified in the attached agreement includes the cost of materials, labor, and equipment associated only with upgrading the existing 2-inch water main to an 8-inch main. The City's contribution will be an amount not to exceed $25,840.00. FUNDING SOURCE Funding is available from 442-5178-536-83.01 after a budget transfer. RECOMMENDATION Staff recommends approval of the Developer Agreement with Maria Robles for infrastructure improvements at Sands Terrace Condominiums. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT THIS AGREEMENT entered into this day of , 2009, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and MARIA C. ROBLES, (hereinafter referred to as DEVELOPER), to provide as follows: WHEREAS, DEVELOPER, is developing the project known as Sands Terrace Condominium located at 135 NE lst Avenue, Delray Beach; and WHEREAS, the CITY is requesting that DEVELOPER make certain offsite improvements to the water main to accommodate future flows; and NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the DEVELOPER and CITY hereby agree as follows: 1. The above-stated recitals are incorporated herein as if fully set forth herein. 2. The DEVELOPER shall provide the materials and construct the 8" water main as provided on Exhibit "A", attached hereto and incorporated herein. 3. The CITY shall reimburse the DEVELOPER the amount not to exceed $25,840.00 upon the completion of the work as determined by the CITY, through receipts submitted by Developer. However, if requested by DEVELOPER the CITY Sands Terrace Condominiums 8-inch Water Main Upgrades Page 1 of 5 may make a payment to the DEVELOPER once 50% of the work as described above has been completed and accepted by the CITY. The City shall only pay the Developer the cost of materials and the labor and equipment cost associated with the installation of the 8" water main as provided on Exhibit "A", attached hereto and incorporated herein. Developer shall be responsible for all other cost associated with placing the 8" water main into service including, but not limited to engineering, permit, testing, site restoration and M.O.T. fees. 4. The water main improvement must be completed, finalized and accepted by the CITY within 60 days of the execution of this Agreement. The CITY shall also have any other remedy available to it in law or equity. 5. All restorations of the area affected by the water main improvement shall be the responsibility of the DEVELOPER. The restorations shall be performed in accordance with the DEVELOPER'S approved engineering plans. 6. DEVELOPER shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the laws, ordinances and regulations of the place of the development which are applicable during the performance of the work. Developer shall also pay all application, filing and permit fees, including, but without limitation, all fees to local, regional and state government and agencies. 7. DEVELOPER warrants and guarantees to the CITY that all work on the water main improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be Sands Terrace Condominiums 8-inch Water Main Upgrades Page 2 of 5 considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the water main improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 8. DEVELOPER, shall supervise and direct the installation and construction of the water main 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 water main improvement. 9. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 10. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the water main improvement. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 11. DEVELOPER, in consideration of the payment of ten dollars ($10.00), receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the CITY, its employees, agents and officers from and against any and all damage, claim, lawsuit, loss, of whatever kind, arising from the construction or installation of the water Sands Terrace Condominiums 8-inch Water Main Upgrades Page 3 of 5 main improvement, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels. 12. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of five hundred thousand dollars ($500,000.00) governing bodily injury and property damage in standard form, insuring CITY as additional named insured. 13. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs successors and assigns. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH By: Nelson S. McDuffie, Mayor Approved as to Form: City Attorney WITNESSES: (Name Printed or Typed) (Name Printed or Typed) STATE OF COUNTY OF Sands Terrace Condominiums 8-inch Water Main Upgrades MARIA C. ROBLES By: Page 4 of 5 The foregoing instrument was acknowledged before me this 200 b day of _~ Y (name of officer or agent, title of officer or agent), (name of corporation acknowledging), corporation. as of a (state or place of incorporation) corporation, on behalf of the He/She is personally known to me or (type of identification) as identification. has produced Signature of Notary Public Sands Terrace Condominiums 8-inch Water Main Upgrades Page 5 of 5 Exhibit 'A" Project: The Sands Terrace Condominium (135 N.E. 1st Ave.) Developer: Maria C. Robles Scope of Work: Construction of 8-inch DIP Water Main Item Description Unit Quantity 6" DIP Class 350 LF 10 8" DIP Class 350 LF 200 6" x 6" TSVB (S.S.) EA 1 6" Wet Tap EA 1 6" MJ Gate Valve /Box, ML EA 1 8" MJ Gate Valve /Box, ML EA 1 8" x 6" MJ Reducer, ML EA 1 8" MJ Wye, ML EA 1 8" MJ Plug EA 2 8" B/J/R EA 5 1" Water Service Connection (long) LS 1 2" Water Service Connection (existing 2" WM connection) LS 1 Plug existing 2" Water Service LS 1 Fill and Flush Connection LS 1 Sample Points LS 2 Lab Tests LS 1 Removal of existing 2" Water Main LS 1 Less Indemnification ($10) LS 1 Total Cost $25,840.00 U:\vwvdata\agenda\8.18.09\Dev. Agrmnt Exhibit A 18Aug09 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: August 7, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 MEMORANDUM OF UNDERSTANDING/HIGHWAY SAFETY AND MOTOR VEHICLE ITEM BEFORE COMMISSION This is a Memorandum of Understanding between the Department of Highway Safety and Motor Vehicles and the City of Delray Beach, Police Department. BACKGROUND This Memorandum of Understanding gives the Delray Beach Police Department electronic access to D.A.V.LD. (Driver and Vehicle Information Database.) This database allows searches of driver's license and vehicle records to aid law enforcement in investigations. FUNDING SOURCE RECOMMENDATION City Attorney's Office recommends approval. a~ ID -••••-••---.-•-••••••.. MEMORANDUM OF UNDERSTANDING '~"~" "~`~'~' DRIVERS LICENSE OR MOTOR VEHICLE RECORD DATA EXCHANGE Contract Number This Memorandum of Understanding {MOU) is made and entered into by and between City of Delray Beach hereinafter referred to as the Requesting Party and the Department of Highway Safety and Motor Vehicles hereinafter referred to as the Providing Agency. I. Purpose of the Data Exchanae The purpose of this MOU is to establish conditions under which the Providing Agency agrees to provide electronic access to information relating to driver license, motor vehicle or traffic crash data to the Requesting Party. The Requesting Partyy is performing as (please mark all that apply): ^ A Network Provider for driver license information for Third Parties. Attachment 1 applies. ^ A Network Provider for motor vehicle information for Third Parties. Attachment 9 applies. ^ A Govemment Entity to obtain driver license information through an existing Network Provider service. Attachments 2 and 7 apply. ^ A Govemment Entity to obtain motor vehicle information through existing Network Provider service. Attachments 7 and 10 apply. ^ A Requesting Party of motor vehicle infomzaticn accessed through the Division of Motor Vehicles public records section. Attachments 7 and 8 apply. ^ A Requesting Party of driver license information accessed through the Division of Driver Licenses Bureau of Records. Attachments 3 and 7 apply. ^ A Requesting Party of periodic driver license information for insurance underwriting accessed through the Division of Driver Licenses Bureau of Records. Attachments 4 and 7 apply. ^ A Requesting Party of traffic crash information accessed through the Division of Administrative Services. Attachment 7 applies. ^ A network provider of driver license information for authorized Govemment Entit;es. Attachment 5 applies. ^ A Network Provider of driver license information status check. Attachment 6 applies. A governmental entity accessing data through one of the Driver License and VehiGe Information Database systems. Attachment 7 applies. without access to driver license photographs and signatures. / with access to driver license photographs and signatures, as authorized by section 322.142(4), Florida Statutes. ^ Other Requesting Party. Attachment 7 applies. Data Exchange MOU (01/2009) Page 1 of 7 II. Definitions A. "Driver's Privacy Protection AcY' (DPPA) -18 United States Code section 2721 et seq. B. "Providing Agency" -The Department of Highway Safety and Motor Vehicles. The agency responsible for granting access to driver license, motor vehicle, or traffic crash data to the Requesting Party. C. "Requesting Party" -Any entity type that is expressly authorized by section 119.0712(2), Florida Statutes and OPPA to receive personal information and highly restricted personal information that requests information contained in a driver license, motor vehicle, or traffic crash record. D. "Parties" -The Providing Agency and the Requesting Party. E. "Third Party" -Any individual, association, organization, or corporate entity who receives driver license, motor vehicle, or traffic crash information or data maintained and released by the Providing Agency or Requesting Party. F. "Govemment Entity" -Any federal, state, county, or city government, including any court or law enforcement agency. (Fees do not apply fo Govemment Entities.] G. "Network Provider" - A Requesting Party whose access is provided by remote electronic means through the System to request specific types of data at a minimum of 5,000 transactions per month. A six (6) month startup period will be allowed for new Network Providers, during which time, less than 5,000 transactions per month will be accepted. H. "Personal Information" -Information found in the motor vehicle or driver record which includes, but is not limited to, the subject's driver identification number, name, address, telephone number, and medical or disability information. Personal information does not include information related to vehicular crashes, driving violations, and driver's status. I. "Vendor Number" - A four digit number assigned by the Providing Agency identifies the type and duration of the Driver License record. The vendor number is assigned to both commercial vendors and Govemment Entities by the Providing Agency, Division of Driver License, Bureau of Records. Misuse of a vendor number to obtain driver license record information is strictly prohibited and shall be grounds for termination in accordance with Section X. J. "Driver license information" -driver license and identification card data collected and maintained by the Providing Agency. K. "Motor vehicle information" -title and registration data collected and maintained by the Providing Agency for vehicles, vessels, and mobile homes. L. "Traffic crash information" -traffic crash data and traffic crash reports collected and maintained by the Providing Agency. III. Legal Authority WHEREAS, the Providing Agency maintains computer databases containing information pertaining to driver licenses pursuant to Chapter 322, Florida Statutes; and WHEREAS, the Providing Agency maintains computer databases containing information pertaining to motor vehicles pursuant to Chapters 319 and 320, Florida Statutes; and WHEREAS, the Providing Agency maintains computer databases containing information pertaining to traffic crashes pursuant to Chapter 316 and 321, Florida Statutes; and WHEREAS, the driver license, motor vehicle, and traffic crash data contained in the Providing Agency databases is defined as public record pursuant to Chapter 119, Florida Statutes; and Data Exchange MOU (01/2009) Page 2 of 7 WHEREAS, the Providing Agency as custodian of the foregoing records may provide access by remote electronic means and charge a fee for the direct and indirect costs of providing such access, pursuant to sections 119.0712(2), 320.05, 321.23, and 322.20, Florida Statutes, and other applicable rules and policies; and WHEREAS, the Requesting Party may obtain via remote electronic means blocked personal information exempt from public disclosure as provided pursuant to section 119.0712(2), Florida Statutes, the Requesting Party shall maintain the confidential and exempt status of such data. Anyone accessing records obtained per this agreement must ensure that the end users of the records are complying with section 119.0712(2), Florida Statutes and DPPA. NOW THEREFORE, the Parties, in consideration of the promised and mutual covenants hereinafter contained, do hereby enter into this MOU. IV. Statement of Work A. The Providing Agency agrees to: 1. Provide the Requesting Party with the technical specifications required to access driver license, motor vehicle or traffic crash information in accordance with the access method being requested. 2. Allow the Requesting Party/Network Provider to electronically access driver license and/or motor vehicle and/or traffic crash information through a telecommunications. link to be established between the Requesting PartylNetwork Provider's computer and the Providing Agency. 3. Accept the Requesting Party/Network Provider's electronic requests and respond with appropriate data. At a minimum, 90% of the responses to electronic requests from Network Providers will occur within 15 seconds of receiving the transaction. 4. Collect all fees, pursuant to applicable Florida Statutes, rules and policies for providing the electronically requested data. The fee shall include all direct and indirect costs of providing remote electronic access, according to section 119.07(2)(c), Florida Statutes. 5. Collect all fees due for electronic requests through the Automated Clearing House account of the banking institution which has been designated by the treasurer of the State of Florida far such purposes. 6. Discontinue access of the Requesting Party for non-payment of required fees. The Providing Agency shall not be responsible for the failure, refusal, or inability of the Requesting Party/Network Provider to make the required payments, or interest on late payments for periods of delay attributable to the action or inaction of Network Providers. 7. Not indemnify or be liable to the Requesting Party/Network Provider for any driver license, motor vehicle, or traffic crash information, programs, jab streams, or similar items delayed, lost, damaged, or destroyed as a result of the electronic exchange of data pursuant to this MOU, except as provided in section 768.28, Florida Statutes. 8. Provide the Requesting Party with a schedule of fees appropriate for the information being provided by the Providing Agency. 9. Notify the Requesting Party/Network Provider thirty (30} days prior to changing any fee schedules when it is reasonable and necessary to do so, as determined by the Providing Agency. The Requesting Party/Network Provider may continue with this MOU as modified or it may terminate the MOU in accordance with Section X., subject to the payment of all fees incurred prior to termination. 10. Perform all obligations to provide access under this MOU contingent upon an annual appropriation by the Legislature. Data Exchange MOU (01/2009) Page 3 of 7 11. Provide electronic access for Network Providers to driver license and/or motor vehicle information 24 hours a day, 7 days per week other than scheduled maintenance or other uncontrollable disruptions. Scheduled maintenance normally occurs Sunday mornings between the hours of 6:OOAM to 10:OOAM. B. The Requesting Party agrees to: 1. For a Network Provider, submit no less than 5000 transactions per month. (This does not apply to Govemment Entities.) 2. For a Govemment Entity, driver license, motor vehicle, or traffic crash inforrnation may only be used for the express purposes originally agreed to by the Govemment Entity and Providing Agency. Information obtained from the Providing Agency by a Govemment Entity shall not be retained by the Govemment Entity, unless obtained for a law enforcement purpose, or resold to any Third Parry. 3. Be responsible for interfacing with any and all Third Party end users. The Providing Agency will not interact directly with any Third Party end users. Requesting Party shalt not give Third Party end users the name, E-mail address, and /or telephone number of any Providing Agency employee without the express written consent of the Providing Agency. (This does not apply to Govemment Entities.) 4. Maintain a help desk for its Third Party end users. Personnel assigned to this help desk shall be. fully trained on all aspects of the electronic access and shall be prepared to answer all Third Party end user questions. In cases where the Requesting Party/Network Provider help desk personnel are unable to answer a question from a Third Party end user and that question must be answered by Providing Agency personneh the Requesting Party shall obtain the answer from the Providing Agency and then relay the answer to the Third Party end user. (This does not apply to Govemment Enfities.J 5. Insure that its employees and agents comply with Section V. Safeguarding Information procedures of this MOU. 6. Not assign, sub-contract, nor otherwise transfer its rights, duties, or obligations under this MOU without the express written consent and approval of the Providing Agency. 7. Use the information received from the Providing Agency only for the purposes authorized by this agreement. 8. Protect and maintain the confidentiality and security of driver license, motor vehicle, and traffic crash information received from the Providing Agency in accordance with this MOU and applicable state and federal law. 9. To the extent allowed by law, the Requesting Party shall defend, hold harmless and indemnify the Providing Agency and its employees or agents from any and all claims, actions, damages, or losses which may be brought or alleged against its employees or agents for the Requesting Party's negligent, impraper, or unauthorized use or dissemination of information provided by the Providing Agency. 10. Update user access permissions upon termination or reassignment of users within 5 working days and immediately update user access permissions upon discovery of negligent, improper, or unauthorized use or dissemination of information. Conduct quarterly qualify control reviews to ensure all current users are appropriately authorized. 11. For all records containing personal informa4on released to a Third Party, maintain for a period of 5 years, records identifying each person or entity that receives the personal information and the permitted purpose for which it will be used. The Requesting Party shall make these records available far inspection upon request by the Providing Agency. (This does not apply to Govemment Entities.) 12..Pay all costs associated with electronic access of the Providing Agency's driver license and/or motor vehicle and/or traffic crash information; such costs shall include all one time, recurring, and usage charges far all hardware, software, and services required to connect to and use the electronic access. Payment must be in advance of receiving any information or use electronic means as follows: Data Exchange MOU (0112009) Page 4 of 7 ^ Complete and sign the appropriate document(s) to allow the Providing Agency's designated banking institution to debit the Requesting Party's designated account. ^ Maintain an account with a banking institution as required by the Providing Agency. ^ Pay all fees due the Providing Agency by way of the Automated Clearing House account of the Providing Agency's designated banking institution. Collection of transaction fees from eligible and authorized Third Party end users is the responsibility of the Requesting Party. V. Safeauarding Information The Parties shall access, use and maintain the confidentiality of all information received under this agreement in accordance with Chapter 119, Florida Statutes, and DPPA. Information obtained under this agreement shall only be disclosed to persons to wham disclosure is authorized under Florida law and federal law. Any person who willfully and knowingly violates any of the provisions of this section is guilty of a misdemeanor of the first degree punishable as provided in sections 119.10 and 775.083, Florida Statutes. In addition, any person who knowingly discloses any information in violation of DPPA may be subject to criminal sanctions and civil liability. The Parties mutually agree to the following: A. Information exchanged will not be used for any purposes not specifically authorized by this agreement. Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose, personal use, and the dissemination, sharing, copying or passing of this information to unauthorized persons B. Information exchanged by electronic means will be stored in a place physically secure from access by unauthorized persons. C. Access to the information exchanged will be protected in such a way that unauthorized persons cannot review or retrieve the information. D. All personnel with access to the information exchanged under the terms of this agreement will be instructed of, and acknowledge their understanding of, the confidential nature of the information. These acknowledgements must be maintained in a current status by the Requesting Party. E. All personnel with access to the information will be instructed of, and acknowledge their understanding of, the criminal sanctions specified in state law far unauthorized use of the data. These acknowledgements must be maintained in a current status by the Requesting Party. F. All access to the information must be monitored on an on-going basis by the Requesting Party. In addition, the Requesting Party must complete an annual audit to ensure proper and authorized use and dissemination. G. By signing the MOU, the representatives of the Providing Agency and Requesting Party, on behalf of the respective Parties attest that their • respective agency procedures will ensure the confidentiality of the information exchanged will be maintained. VI. Compliance and Control Measures A. Internal Control Attestation -This MOU is contingent upon the Requesting Party having appropriate intemal controls over personal data sold or used by the Requesting Party to protect the personal data from unauthorized access, distribution, use, modification, or, disclosure. The Requesting Party must submit an attestation from a currently licensed Certified Public Accountant performed in accordance with American Institute of Certified Public Accountants (AICPA) "Statements on Standards for Attestation Engagement", or alternatively by a currently licensed and independent Certified Inforrnation Systems Auditor (CISA) in accordance with Information Systems Audit and Control Association (ISACA) "IS Standards, Guidelines, and Procedures for Auditing and Control Professionals". In the event the Requesting Party is a governmental entity, the attestation may be provided by the entity's intemal auditor or inspector general. The attestation Data Exchange MQU (01/2009) Page 5 of 7 must indicate that the internal controls over personal data have been evaluated and are adequate to protect the personal data from unauthorized access, distribution, use, modification, or disclosure. The attestation must be received by the Providing Agency no later than 30 days after the anniversary date of this agreement. See Section XI for complete mailing address B. Misuse of Personal Information -The Requesting Party must immediately notify the Providing Agency and the individual whose personal information has been compromised of any unauthorized access, distribution, use, modification, or disclosure. The statement to the Providing Agency must provide the date and the number of records affected by any unauthorized access, distribution, use, modification, or disclosure of personal inforration. Further, as provided in section 817.5681, Florida Statutes, the document must provide a statement advising if individuals whose personal information has been compromised have been notified and, if not, when they will be notified. The statement must include the can'ective actions and the date these actions are completed by the Requesting Party. See Section XI for complete mailing address. C. The Providing Agency shall receive an annual affirration from the Requesting Party indicating compliance with the requirements of this agreement no later than 30 days after the anniversary date of this agreement. VII. Reimbursement Of Costs Providing Agency will debit the account of the Requesting Party currently on file. The amount debited will be in accordance with sections 320.05 and 322.20 Florida Statutes and with this MOU. Specific fee calculations are incorporated by an attachment to this MOU. (This does not apply to Government Entities.] VIII. Period of Performance This MOU shall be effective upon the last signature of the Parties to this agreement and will remain in effect for three years from the date of execution, as provided in Section X. Once executed, this MOU supersedes all previous agreements for these conditions of services defined in Section I. IX. Amendments A. This MOU incorporates all prior negotiations, interpretations, and understandings between the Parties, and is the full expression of their agreement. B. This MOU may be subsequently amended by written agreement between the Parties. Any change, alteration, deletion, ar addition to the terms set forth in this MOU and its numbered addendums must be by written agreement executed by both Parties. C. All provisions not in conflict with the amendment(s) shall remain in effect and are to be performed as specified in this MOU. X. Termination A. This agreement may be terminated for cause by either party upon finding that the terms and conditions contained herein are not being followed. No written notice or notifying period will be required. B. This agreement is subject to unilateral cancellation by the Providing Agency without notice for failure of the Requesting Party to comply with any of the requirements of the MOU and applicable Florida Statutes, including section 119.0712(2), Florida Statutes. C. The Contract may be terminated upon thirty (30) days notice in writing to the Contract Manager without penalty to either party. All obligations of either party under the contract will remain in force during the thirty {30) day notice period. Data Exchange MOU (01/2009) Page 6 of 7 Xl. Agencv Contacts Any and all inquiries or written communications pertaining to this MOU shall be sent to the Contract Administrator. Gregory Bickford -Contract Administrator Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Neil Kirkman Building, Room 8-418, MS 31 Tallahassee, Florida 32399-0524 (850) 617-3203 -Phone (850) 617-5115 -Fax The Contract Managers responsible for management and monitoring of the performance of the terms and conditions of this MOU are as follows: Driver License and Insurance Records Dana Reiding-Contract Manager Chief of Driver License Records - DDL Department of Highway Safety & Motor Vehicles Kirkman Building, Room A234, MS 89 2900 Apalachee Parkway Tallahassee, Florida 32399-0575 Network Providers Dana Reiding -Contract Manager Boyd Walden -Contract Manager Motor Vehicle and Vessel Records Boyd Walden- Contract Manager Chief of Titles and Registrations-DMV Department of Highway Safety & Motor Vehicles Kirkman Building, Room A338, MS 68 2900 Apalachee Parkway Tallahassee, Florida 32399-0530 Crash Records Jim Hage -Contract Manager Crash Records Manager Department of Highway Safety & Motor Vehicles Kirkman Building, Room 6431, MS 20 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 !N WITNESS HERETO, the PARTIES have executed this Agreement by their duly authorized officials. Requesting Party: Delray Beach Police rtment By' C~ Anthon W. rianese, Chief of Police The City of Delray Beach ey: Nelson S. McDuffie Printed/Typed Name Mayor, City of Delray Beach Title Date Data Exchange MOU (01/2009) Providing Agency: Florida Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Tallahassee, Florida 32399 sy: Stacv Arias Printed/Typed Name Chief of Purchasin4 & Contracts Title Date Page 7 of 7 ATTACHMENT 7 Requesting Party Data Access Specifications Contract Number I. Access Method or Condition. The Requesting Party shall attest to their respective statutory eligibility by completing the DPPA Form (HSMV 96015). II. Access Specifications. Please list each separate organizational unit requiring access within your Department. Organizational Unit (Division, Bureau, Program, Office) Description of specific data needed Description of specific use of data, to include statutory or administrative rule requirements. Number of members requiring access Delray Beach Police Law Enforcement Access Driver license checks, driver history, 185 Department photo far identification purposes, gain information for investigations, hiring purposes and to check driver licenses. III. Reguestine Party Information. Requesting Party contact information is as follows (all information required): Managerial and Technical Point of Contact's Name: Marlo Dahl Phone number: (5610 243-7865 Email address is: dahl@ci.delray-beach.fi.us Requesting Party: Under penalties of perJury, !declare that 1 hove read the foregoing d chat the facts stated In It are t e. t3y: c'/~~J! vr~n~nony vv. s[nanese Prlnted/Typed Name Chief of Police nek August , 2009 Providing Agenry: Florida Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Tallahassee, Florida 32399 ay: Stacy Arias PAnted/ Typcd Name Chief of Purchasing & Contracts ntle wee wee Data Exchange MOU -Attachment 07 (05/2008) Page 1 of 1 FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES Request For Exempt Personal Information In A Motor Vehicle/Driver License Record Section 119.0712(2), Florida Statutes, and the Drivers Privacy Protection Act, 18 United States Code sections 27212725 {"DPPA"}make personal information contained in motor vehicle or driver license records confidential and exempt from disdosure. Personal information in a motor vehicle record includes, but is not limited to, an individual's social security number, driver license or identification number, name, address, telephone number, medical or disability information, and emergency contact information. Personal information does not include information related to vehicular crash data {such as occurrence of a crash, speed, vehicle identity, alcohol use, location and cause of crash},driving violations, and driver status. Personal information from these records may only be released to individuals or organizations that qualify under one of the exceptions provided in section 119.0712(2), F. S., and DPPA, which are listed on the back of this form. A request far information may be made in letter form (on company/agency letterhead, if appropriate} stating the nature of the request, the exception under which the request is made, the use of the information, and a statement that the information will not be used or redisdosed except as provided in s. 119.0712(2}{b), F.S., and DPPA, or by completing the information below. Please complete either Part 1 or Part 11: Part 1: I am an individual requesting personal information contained in the motor vehicle, vessel, crash ar driver license record of the fallowing individual(s) (attach additional pages if necessary}, under exception number . as listed on the reverse side of this form: Name: Vehicle/Vessel Title Number: Vehicle License Plate Number: Florida Driver License/Identification Card Number: Florida Traffic Crash Report Number: Section 316.066(SJ(aJ, F.S. limits who may obtain o crash report within 60 days after the report is filed. I declare that 1 am qualified to obtain this information under Crash Report exception number . as listed on the reverse side of this form. Proof of identification is required. Part II: 1 am a representative of an organization requesting personal information for one or more records as described below. I declare that my organization is qualified to obtain personal information under exception number 2 . as listed on the reverse side of this form. I understand that 1 may not use or redisclose this personal information except as provided in s. 119.0712{2}, F.S., and DPPA and that any use or redisclosure in violation of these statutes may subject me to criminal sanctions and civil liability. T{.w iw~w~rw..a:~~...f11 L_ ..__J __ l_11 _____ ._... • • . .... --_•• --••• ~ Snaaaa.ucu auunwnm page, a ne~essaryi: Law enforcement purposes. Delray Beach Police Department Company or Agency Name (if applicable) Anthony W. Strianese, Chief of Police Printed Name of Requester or Authorized Agent Obtaining personal info ation under false pretenses is a state and federal crime. Under penalties of perjury, I dedare that 1 have read the foregoing Request F Ex pt Person formation In A Motor Vehicle/Driver License Record an the the facts stated in it are true. Signature f Re stor or Authorized Agent Date ~ ~Z1+9 HS[14V 96015 (05/08) DRIVER'S PRIVACY PROTECTION ACT EXCEPTIONS 1. For use in connection with matters of motor vehicle or driver safety theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vchiclc manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers, to carry out ttre purposes of the Anti Car Thc(t Act of 1992, the Automobile Infomtation Disclosure Act, llte Clean Air Act, and chapters 301, 305, and 321331 of title 49 U.S.C. 2. For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions. 3. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle pare, and dealers; motor vehicle market research activities, including survey research; and removal of nonowner records from the origirol owner records of motor vehicle manufactumrs. 4. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only: a. To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and b. (f such infomration as so submitted is not correct or is no longer correct, to obtain the correct information, but only far the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual. 5. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court ar agency or before any selfregulatory body for: a. Service of process by any certified process server, special process server, or other person authorized to serve process in this stale. b. Investigation in anticipation of litigation by an attorney licensed to practice law in this state or the agent of the attorney; however, the information may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealers. c. Investigation by any person in connection with any filed proceeding; however, the information may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealers. d. Execution or enforcement of judgments and orders. c. Compliance with an order of any court. G. For use in research activities and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals. 7. For use by any insurer or insurance support organization, orby a selfinsured entity, or its agents, employees, or contractor:, in connection with claims investigation activities, antifraud activities, rating, or underwriting. 8. For use in providing ratite to the owners of towed or impounded vehicles. 9. For use by any licensed private investigative agency or licensed security service for any purpose permitted under this paragraph. Personal information obtained based on an exempt driver's record may not be provided to a client who cannot demonstrate a need based on a police report, court order, or a business or personal relationship with the subject of the investigation. 10. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under 49 U.S.C. ss. 31301 ct seq. I I. For use in connection with the operation ofprivatc toll transportation facilities. 12. For any use if the requesting person demonstrates that he orshe has obtained the written consent of the person who is the subject of the motor vehicle record. 13. For any other use specifically authorized by state law, if such use is related to the operation of a motor vchiclc or public safety. 14. For any other use if the person to whom theinfonnation pertains has given express consent on a form prescribed by the department. Such consent shall remain in effect until it is revoked by the person on a form prescribed by the department. CRASH REPORT EXCEPTIONS 1 am a party involved in the crash. 2. 1 am a legal representative to a party involved in the crash or an immediate relative. 3. [ am a licensed insurance agent to a party involved in the crash, their insurer or insurers to which they applied for insurance coverage. 4. [ am a person under contract to provide claims or underwriting information to a qualifying insurance company. 5. 1 am a prosecuting attorney. G. 1 represent a radio or television station licensed by the FCC or newspaper qualified to publish legal notices or a fret newspaper ofgeneral circulation, which qualifies under statute. 7. I represent a local, state, or federal agency that is authorized bylaw to have access to these reports. 8. 1 represent a Victim Service Program, as defined in Section 316.003(85), Florida Statutes. HS`1V 96015 (OS/O8- MEMORANDUM TO: Mayor and City Commissioners FROM: John Tomaszewski, Acting Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: August 13, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 EMERGENCY SERVICES AGREEMENT/BOYNTON BEACH FIRE-RESCUE ITEM BEFORE COMMISSION Request approval of the revised Emergency Services Agreement for mutual assistance and automatic aid between Boynton Beach Fire-Rescue and the City of Delray Beach. BACKGROUND The Emergency Services Agreement will assure mutal assistance and automatic aid between Delray Beach Fire-Rescue and Boynton Beach Fire-Rescue. This agreement has a duration of seven (7) years beginning October 1, 2009 and replaces our current mutual aid agreement. RECOMMENDATION Staff recommends approval. ~~ ElVIERGENC'Y SERVICES AGREEMENT.' F®R MUTUAL ASSISTANCE AND AUT®NfATIC AIll3 BETWEEN THE CIT"5'~ OF llELRAY BEACH AND TI-IE CITE' GF BOYNTON BEACH THIS ACREEIVIENT is made and entered into this day of , 2x09, by and between: the CITY OF .DELRAY BEACH, a Florida municipal corporation, by and through its City Commission and the CITY OF BOYNTON BEACH, a Florida municipal corporation. WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue Department with fire rescue equipment, fre ~igl~ting persam~el, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and 'WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistancelautomatic aid in times of emergency where the need created. may be too great for either party to deal with unassisted; or where a closest unit response is agreeable and in the public interest; or non-emergency assistance and logistical support may be helpful to the parties; and WHEREAS, Section 163.01, Florida Statutes, known as the "rlorida Interlacal Cooperation Aet of 1969," authorizes local goverznnents to make the most efficient use of their powe~° by enabling them to cooperate with. other localities on a basis of mutual advantage and. thereby to provide services and facilities that will. harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NO~V, THEREF'OR.E, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request far Aid/Assistance: Emergency mutual assistance/automatic aid/logistical support will be given when properly requested so long as rendering the aid and assistance requested will not place tl~e assisting party in undue jeopardy. Nat~vithstanding anything herein that may be construed to the contrary, the parties understand and agree that it is not the intention of the parties to subsidize the normal day~ta-day operations ar shortages in staffing ar equipment of the other party and that the mutual assistancelautomatic aid provided hereunder is i~~tended to be mutual in nature. Automatic aid shall be rendered to the extent provided for in automatic aid ., plans and. procedures approved by the parties' Fire Chiefs pursuant to Section 3 herein. The party requesting aid andlar assistance shall provide the following information at the time the request is made: a. The general nature, type and location ofthe emergency; and b. -The type and quantity of equipment andlor personnel needed; and c. The Warne and rank of the person making the request. All requests shall be directed through the respective parties' emergency communications center. The fallowing officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Sec#ioze Z. Representative and Con#ract 1Vlfonitor. The City of Delray Beach's representative and contract monitor during the performance of this Agreement shall be the Assistant Chief of Operations, whose telephone ri~mber is 561-243-2400. The City of Boynton Beach's representative and contract monitor during the performance of this Agreement shall be the Administration. and Finance Officer, whose telephone number is 561-742-5332. Section 3. Command Auth©ri#y: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, bu.t personnel responding to the ca11 will remain under the command of their own officers at all times. T;ach party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and ernpioyees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief to zxreet with the other party's Fire Chief and develop automatic aid plans and procedures, including areas to be serviced and type and/or level of response, 2 when the Fire Chiefs have determined that unproved response tunes or other forms of efficiency within their respective jurisdictions and/or service areas n~iay be achieved. The Fire Chiefs are also authorized to promulgate necessary adaninistrative regulations and orders to implement anal adrr3inister these plans and procedures. Section 4. Ability to Respond: -Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment available or if, in its sole judgment, compliance with the request would jeopardize the protection of its awn jurisdiction, however, notwithstanding anything hereon to the contrary, either party may refuse to provide nonemergency assistance ar logistical support far any reason or for no reason. Secti®n 5. Egraplayee F~~ctions: No employee of either party to this Agreement shall perform any function or service which is not within the employee's scope of duties as defined or determined by h.is employer. Seetio~ 6. E~np[ayee Claians, ]benefits, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services anal functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the perforrrrance of services hereunder. Section "1. No Assuxx~ptio~ of >3 ,lability: Neither party to this Agreement nor their respective officers or ernpIoyees shall be deemed to have assumed any liability for the negligent ar wrongful acts ar an~issions of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity. Section ~. Liability far In,~uiy: All the privileges and ianrrrunities from liability, exerrzptions from law, nrdinanee and rules; and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either party when 3 performing their respective functions, within t11e territorial limits for their respective agencies, shall apply to the same degree and extent to the perfo~xi~ance of such functions and duties extraterritorially. Liability far injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and awning or possessing such equipment. Secti®n 9. Keuncratzczn: All costs associated with providing mutual assistancelautomatic aid services under this Agreement shall be the responsibility of the agency rendering aid/assistance. Neither agency specified here shall seek reimbursement iii' costs associated with the rendering of mutual assistancelautamatic aid services from the other agency. The parties further agree that the agency rendering aid/assistance may request reimbursement far any expenditure of goads or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident at the sole discretion of the agency rendering aid or assistance. The agency rendering aid/assistance for emergency medical services that requires transport service may request reimbursement for the transport service Pram the patient. The agency rendering service will handle insurance claims and collection in accordance with. their policies and. procedures and shall be in accordance with the latest Federal Medicare guidelines, if applicable. If the rendering agency invoices the responsible party far the incident far reimbursement ofi the goads and services provided,. a c;apy of such invoice shall be forwarded to the requesting agency as a matter of courtesy, provided`hawever that the parties will net be required to provide copies of transport fee invoices to the other party and shall not otherwise use or disclose Protected Health Information {"PHI"} or Electronic Protected Health Information ("e-PHI") except as permitted by the Health Insurance Portability and Accountability Act ("I-IIPAA"}, the regulations promulgated there under, and any other applicable Iaws and regulations, all as may be amended from time to time. Sectifo~ 10. Ei'fective T3ate and Tert~: This Agreement shall take effect on October 1, 2009 and shall remain in full force anal effect for a period of no less than seven (7) years, expiring on September 30, 2016, unless sooner terminated as provided herein. 4 Section 11. No~icc of Terminatiosr: Either party to this Agreement may, upon sixty {60) days prior written notice to the other, terminate this Agreerraent for any reason nr for no reason at all. Section 12. Capital Im}~rovcmetrt Plans: Bath parties to this Agreement, on an annual basis, shall exchange Capital lmproveinent Plans indicating projected location(s) and anticipated time frames for construction of future dare stations within their respective jurisdictian.s andlor service areas. It is understood that these plans may be modified subsequent to submission and. said plans are subject to subsequent fiu~zding allocations and approvals. Section 13. Assignment of )flights: Neither party shall assign, transfer nr convey, in whale or in part, its rights, duties, or obligations without the prior written consent of the other. Section 14. 1Vladifica#iax~ and A:rnendment: No zx~adifieation, amendment, ar alteration in the terms or conditions of this Agreement shall be affective unless contained in a written document executed with the same formality anal equality of dignity herewith. Section t5. Er€tirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, ar agreements, written or oral, relating to this Agreement. Section 1.6. Equal Qpportunity: Each party represents that it will not practice discrimination as it relates to the performance of this agreement on the basis of race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 1.7. Annual Apprapri~tiot~s: Each party's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. Section. ~ 8, Remedies: This agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No rerr~edy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy 5 given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Secti©n l9. I~ec€~r€1s: Each party shall maintain all records pertaining to the se~•vices delive~~ed under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with. this Agreement, including, but not limited to, all accounts, financial and. technical records, research ar reports, in accordance with Florida law. Section 20. Joint Preparatio~a: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed mare severely against one of the parties than the other. Section 21. l~iotice of wits: -Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperage with the other in the defense of any suit or action arisizag out af, or related ta, the aid or assistance rendered under this agreements Section 22. latices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City of Delray Beach shall be mailed to: Delray-Beach Fire-Rescue Fire Chief 501 West Atlantic Avenue Delray Beach, FL 334~~ and if sent to the City of Boynton Beach shall be mailed to: Boynton Beach Fire Rescue Fire Chief 100 East Boynton Beach Boulevard Boynton Beach, Florida 334'35 Each party may change its address upon notice to the other. 6 Section 23. Captietts: The captions and section designations herein set forth are for convenience only anal shall have no substantive meaning. Section Z4. filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Secti.oa~ 25. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by -law, City of Delray Beach shall indemnify, defend and hold ,,;~~ harmless the City of Boynton Beach against any actions, claims or damages arising oat of City ofDelray Beach's negligence in connection with this Agreement; and the City of Boynton Beach shall indemnify, defend and hold harmless the City of Delray Beach against any actions, claims, or damages arising out of the City of Boynton Beach's negligence in connection with this Agreement. '1"he foregoing indemnification shall not constitute a waiver of sovereign immunity beyond. the limits set forth in 1~lorida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by party to indemnify the ether party for such other party's neglige~~t, willful or intentional acts or omissions. Scctio~a 26. >~nforcemcnt Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and candatians of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 27. ~3elegation o£ I)~aty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city off cers. Section 28. Severability: Tn the event that any section, paragraph, sentence, clause, or provision hereof is held invalid. by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in fizll farce and effect. Ill WI~'I~~SS VVI-IERE®F, the undersigned. parties have caused these presents to be signed by their duly authorized officers an the day and year first written above. ~~ ~. .ATTEST: CITY OF DELItAY I3E.A.C~I, FI.OI~IDA, C~eveile N~6i, City Clerk ~Y ITS CITY C®MMISSION I3y: _ City Clerk APPIB.OVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney ATTEST: By: Mayor CITY OF I30YNT®N l3EAC~I, FLOII.II~A, BY ITS CITY COUNCIL F. B y: City 8 MEMORANDUM TO: Mayor and City Commissioners FROM: John Tomaszewski, Acting Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: August 13, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 EMERGENCY SERVICES AGREEMENTBOCA BATON FIRE-RESCUE ITEM BEFORE COMMISSION Request approval of the revised Emergency Services Agreement for mutual assistance and automatic aid between Boca Raton Fire-Rescue and the City of Delray Beach. BACKGROUND The Emergency Services Agreement will assure mutal assistance and automatic aid between Delray Beach Fire-Rescue and Boca Raton Fire-Rescue. This agreement has a duration of seven (7) years beginning October 1, 2009 and replaces our current mutual aid agreement. RECOMMENDATION Staff recommends approval. EMERGI!:NCY SERVICES AGREEMENT FGIt MUTUAL ASSISTANCE AND AUYI'®MATIC AID BETWEEN THE CITY ®F I30CA RATGN AND THE CITY ®F DEL,RAY BEACH 'T'HIS AGREEMENT is made and entered into this day of _ , 2009, by and between the CITY Op' BOCA BATON, a Florida municipal corporation, by and thrattgh its City Commission and the CITY OF DELRAY BEACH, a Florida municipal corporation. WHEREAS, each of the parties to this Agreement pi°esently maintains a Fire-Rescue Department with fzre rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and V6JHEItEAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created nay be too great for either party to deal with unassisted; or where a closest unit response is agreeable and in the public interest; or non-emergency assistance and logistical support may be helpful to the parties; and `v~'IIEREAS, Section 163.01, Florida Statutes, known. as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to zrzake the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide sen~ices and facilities that will harmonize geographic, economic, population and other factors int~uenciz~g the needs and development of local cornnii~~nities. NCI, T~IERI'+~FOI~E, it is agreed by and b~twee.r tl:e parties that e~~~;il rwill r~~~rler fnutual assistance a~ul automatic aid to the other under the following stipulations, provisions and conditions: Section l_. Request fay- Ai.d/Assist~eirce: Trnergency mutual assistancelautomatic aid or non.-emergency assistance or logistical support will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree that it is not the intention of the parties to subsidize the normal day-to-day operations ar shortages in staffing or equipment of the other party and that the mutual assistance/automatic aid provided hereunder is intended to be mutual in nature. Automatic aid shall be rendered to the extent provided for in automatic aid plans and procedures approved by the parties' Piro Chiefs pursuant to Section 3 herein. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and location of the ezx~ergency non-emergent}r or logistical support; and b. `I'he type and quantity of equipment and,'ar personnel needed; and c. The name and rank of the person making the request. All requests shall be directed through the respective parties' emergency communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective 1~'ire Chiefs, Assistant or Deputy Pire Chiefs, or Incident Commanders. section 2. 12epresentative and Contract Monitor: The City of Delray Beach's representative and contract rnanitor during the performance of this Agreement shall be the Assistant Chief of Qperations, whose telephone number is 561-243-7400. The City of Boca Ratan's representative and contract monitor during the perfarmarlce of this Agreement shall be the Assistant Chief, whose telephone number is 561-982-4045. section 3. C'amn~a~~d Autixority: In the event of an ernerge:lcy which rec~r~ires additional assistance, dic I^ire Chief of the ~urisdictiaf~ in which the incident is located, or in his absence, the Assistant or Deputy F~~ire Chief ar the Incident Commander, will direct the activities at the scene where the eancrgenc}T exists, but personnel responding to the call will remain under the comn~ar~d of their own ofI"iccrs at all times. Each party shall retain control aver its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. 2 Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop automatic aid plans and procedures; including areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response tunes or other farms of efficiency within their respective jurisdictions and/ar service ai°eas may be achieved. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and. administer these plans and procedures. Section 4. Ability tQ Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment available ar if, in its sale judgment, compliance with the request would jeopardize the protection of its own jurisdiction. However, notwithstanding anything herein to the contrary, either party nay refuse to provide non-emergency assistance or logistical support for any reason ar no reason. Section S. Employee ~ ~rnctions: No employee of either party to this Agreement shall perform any function or service which is not within the employee's scope of duties as defined or determined by his ernpioyer. Section b. Employee Claims, T3er~efits, etc.: Na employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil. service, ar other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by wham they ~~re employed. No employee afi either party shall be deemed tho etnplayee ol~the other, for any purpose, during the performance of services hereunder, Section 7. 11~a Assumption of I.~iability: .Neither party to this Agreement nor their respective officers ar employees shall be deemed to have assumed any liability for the negligent ar wrongful acts or omissions of the other. further, nothing herein shall be construed as a waiver of sovereign immunity. ~ectian ~. Liability for Injury: All the privileges and immunities from liability, exemptions from law, ordinance and rules, and afl pensions and relief, disability, workers' compensation. and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions, ~rithin the territorial limits far their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability far injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and awning or possessing such equipment. section 9. Remuneration: All costs associated with providing mutual assistancelautomatic aid services under this Agreement shall be the responsibility of the agency rendering aid/assistance. Neither agency specified here shall. seel< reimbursement of costs associated with the rendering of mutual assistancelautomatic aid services from the other agency, The parties further agree that the agency rendering aidlassistance may request reimbursement far any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident at the solo discretion of the agency rendering aid or assistance. The agency rendering aidlassistance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. 7"he agency rendering service will handle insurance claims and collection in accordance with their pahcies and procedures and shall be in accordance with the latest federal Medicare guidelines, if applicable. if the rendering agency invoices the responsible party for the incident for reimbt~rsemetat of the goods and services provided, a copy of such invoice shall be l'orwti~rded to the requestinl; agency as a natter of courtesy, provided however that the parties will not be required to provide copies of t~~anspa~rt fee izrvoices to the other party and shall not otherwise use or disclose, Protected 1-lealth infarrrlation. ("PHI"} or P;lec;tranic Protected Health lnformotion ("~-PHI"} except as perrr~itted by the l~tealth Insurance Portability and Accountability Act ("HIPAA"}, the regulations promulgated thereunder, and any other applicable laws and regulations, all as may be amended from time to time. 4 Section I0. Effective Date and '1['e~n1: This Agreement shall take effect on October 1, 209 and shall remain in full force al~d effect for a period of seven (7} years, expiring on September 30, 201b, unless sooner tei-rninated as provided herein. Section 1 I. Notice of Termination: Either party to this Agreement may, upon sixty (60} days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 12. Capital llrnprovemer~t Plans: Both parties to this Agreement, on an annual basis, shall exchange Capital Improvement flans indicating projected location(s) and anticipated time frames for construction of future fire stations within their respective jurisdictions andlor service areas. It is understood that these plans may be axzodified subsequent to submission and. said plans are subject to subsequent funding allocations and approvals. Section 13. Assignnnent of Rights: Neither parry shall assign; transfer or convey, in whole ° or in part, its rights, duties, or obligations without the prior written consent of the other. Section 14. 11~odification and Amendment: No modification, amendment, or alteration in the terrr~s or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Scction 1G. i~gcts~l Oplsortunity: l;ac;h Marty represents and warrants that it will clot discriminate in tl~e performance oL services hereunder and that its ez~ployees anal menlbcrs of the general public benefiting from services hereunder will be treated equally and without regard to race, sox, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 1'7. Annual Appropriations: lac11 party's performance anal obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. 5 Section >l$. fZernedies: This agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action. necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any ather remedy and each and every remedy shall. be cumulative and shall be in addition to every other remedy given hereunder nr now nr hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 19. T~ecords: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited tn, all accounts, financial and technical records, research or reports, in accordance with Florida law. Sectio~t 24. ,Toint Preparation: 'I'he preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the ether. Section 2I. l~otice of Sits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising nut of, or related to, the aid or assistance rendered under this agreement. Section ~2. 1®Totices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City of Boca Raton shall be mailed to: Boca Raton I~'ire :Rescue Fire Chief 6500 Congress Avenue Suite 200 Boca I~tnn, FL, 33487 b and if sent to the City of Delray Beach shall be mailed to: Delray Beach Fire Rescue Fire Chief 501 West Atlantic Avenue Delray Beach, FL 33444 Tack party may change its address upon notice to the other. Section 23. Captimns: The captions and section designations herein set forth are for convenience only and shall have no substantive .meaning. Section 24. Filing: A copy of this Agreement shall be filed with the Cleric of the Circuit Court in and for Palm Beach County. Section 25. Indemnification: Each. party shall be liable l:or its own actions and negligence and, to the extent permitted by law, City of Delray Beach shall indenranify, defend and hold harmless the City of Boca Raton against any actions, claims or damages arising out of City of Delray Beach's negligence in connection with this Agreement, and the City of Boca Raton shall inderranify, defend and hold harmless the City of Boca Raton against any actions, claims, or damages arising out of the City of Delray Beach's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the Limits set forth in Florida Statutes, Section 7G8.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other paxty's negligent, wi11fu1 or intentional acts or omissions. Section 2G. F.nfarcement Casts: Any costs or expenses (including reasonable attorney's fees} associated with the enforcement of the terms and conditions of this Agreeaxaent shall be borne by the respective parties; provided, however, that than clause pertains only to the parties to dais agreement. Section 27. Delegation of Doty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. 7 Section 2~. Severability: In the event that any section, paragraph, sentence, clause, or provision. hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the retraining portions of this Agreement and the same shall remain in full force and effect. Ilia WITNESS "tVi-IF,RE®F, the undersigned parties have caused these presents to be signed by their duly authorised officers on the day and year first written above. CITY OF BOLA BATON, FLORIDA ATT F.ST: 13y. _ City Clerk APPROVED AS TO FORM A1~1D LEGAL SUFFICIEIiTCY B ~-.,~-..._._ ity Attorney gy: Mayor ATTEST: Cheville 1®lubin, City Clerk By.__ _ - 13y: City Clerk AI'PROVEID AS T® FORM AND LEGAL SUFFICIENCY CI'T'Y ®F DELRAY BEACH, FI.OIaIDA BY ITS CITY COMMISSIOIiI Mayor BY ~ _._ City Attorney s MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: August 5, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 ADDENDUM NO. 1 TO THE AGREEMENT/PENN CREDIT CORPORATION ITEM BEFORE COMMISSION City Commission is requested to approve Addendum No. 1 to the agreement between the City and Penn Credit Corporation which was executed on November 29, 2007. The addendum modifies the commission fee, increases the number of days before the account is turned over to collections for parking tickets, and allows for collection of other deliquent accounts, including EMS transport fees. BACKGROUND The City Commission adopted Ordinance No. 26-09 on second and final reading on May 19, 2009 which necessitates changes to the original collection agency agreement. Addendum No. 1 clarifies the collection fee charged (18%), commission received (15.25%) and increases the time frame for unpaid tickets to be transferred to a collection agency from sixty (60) days to ninety (90) days. Addendum No. 1 also provides for other delinquent accounts such as ambulance fees to be sent to collections. The fee for all other types of receivables (excluding parking tickets) is 18% net of collections. As of June 2009, outstanding EMS transport fees were $3.9 million with $2.6 million delinquent six months or greater. The intent is to transfer all outstanding EMS accounts in excess of six months to the collection agency. FUNDING SOURCE In regards to parking tickets, the violator will pay the collection fee. For all others, the fee is 18% net of collections and will be funded from the revenue source. RECOMMENDATION Recommend approval of Addendum No. 1 between the City and Penn Credit Corporation for professional collection services. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY AND PENN CREDIT CORPORATION THIS FIRST AMENDMENT TO AGREEMENT BETWEEN CITY AND PENN CREDIT CORPORATION (this "First Amendment") is entered into as of the day of 2009, by and between the CITY OF DELRAY BEACH ("CITY") and PENN CREDIT CORPORATION ("CONTRACTOR"). WITNESSETH: CITY and CONTRACTOR are parties to the certain "AGREEMENT BETWEEN CITY AND PENN CREDIT CORPORATION" ("Agreement") dated as of November 29, 2007. CITY and CONTRACTOR wish to amend the Agreement for the purpose of adjusting the rate and scope of work. NOW THEREFORE, in consideration of the promises set forth in the Agreement and for other good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties further hereto agree as follows: 1.1 Amendment. In the event there is a conflict between the terms and conditions of this First Amendment and the terms and conditions of the Agreement, the terms and conditions of this First Amendment shall control. The Agreement and this First Amendment shall hereinafter be referred to collectively as the "Agreement". 1.2 Amended Section 1. Section 1 of the Agreement is hereby rescinded and replaced with the following: "CONTRACTOR agrees to provide for the collection of CITY'S delinquent parking fines, ambulance fees and any other delinquent receivable as designated by CITY and agreed upon by Penn Credit, in accordance with the Fair Debt Collection Practices Act by performing both routine (including phone contact and letters) and skip tracing collection services." 1.3 Amended Section 3. Section 3 of the Agreement is hereby rescinded and replaced with the following: "CONTRACTOR" agrees to provide and remit to the CITY, on a monthly basis, the following: a) The amount collected for the month minus a fee of 15.25 for parking fines; and b) The amount collected for the month minus a fee of 18~ for other delinquent accounts; and c) A report summarizing the accounts collected for the month and the date of payment." 1.4 Amended Section 7. The language in Section 7, "sixty (60) days overdue" is hereby rescinded and replaced with the following: "ninety (90) days overdue" 1.5 Amended Section 12. Section 12 of the Agreement is hereby rescinded and replaced with the following: "Upon referral of a parking fine to CONTRACTOR, CONTRACTOR will assess 18~ to the amount due, in accordance with Section 938.35, Florida Statutes. CONTRACTOR shall remit 84.75 of all funds collected to CITY and retain a commission fee of 15.25. CONTRACTOR will take eighteen percent (18~) of the collections each month for ambulance fee accounts as payment prior to submitting the balance of the collections to the CITY. Contractor acknowledges that the contract price includes all costs and expenses required for the satisfactory completion of collections as required herein." In witness whereof, the parties hereto have signed this Agreement as of the day and year first written. By: Donald C. Donagher Jr., CEO Penn Credit Corporation By: City of Delray Beach Date: ORDINANCE NO. 26-09 AN ORDINANCE OF THE CITY COI~~vIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 71, "PARKING REGULATIONS", SECTION 71.999, "PENALTY", SUBPARAGRAPH (B}, "CIVIL PENALTY" TO ALLOW THE CITY TO ADD CERTAIN COSTS OF COLLECTION FEES FROM A REGISTERED COLLECTION AGENCY TO ANY UNPAID BALANCE OWED THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, Florida Statutes Sec. 938.35 allows for municipalities to pursue the collection of any fines or costs which remain unpaid for ninety days through a registered collection agency and assess the collection fee to the balance owed the municipality; and, WHEREAS, the cost savings to the City would be substantial since the violator would now be responsible for the collection fees instead of the City. NOW, THEREFOIi;E, BE IT ORDAINED BY 'I"HE CITY COI~IIvIISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 71, "Parking Regulations", Section 71.999, '"Penalty", Subsection (B}, ""Civil Penalties", of the City's Code of Ordinances of the City of Delray Beach, Florida, shall hereby be enacted as follows.: (B} [Civil Penalties. The civil penalties shall be set out in the complaint and parking ticket and shall be in the amount of twenty-five dollars ($25.00} for each violation of this Chapter, except as otherwise set forth in this Section. An additional twenty-five dollars ($25.{}0} civil penalty shall be imposed unless the amount designated on the complaint and parking ticket is paid within fourteen (14} calendar days from the date the complaint and parking ticket was affixed to that motor vehicle. Any fees which remain unpaid for 90 dais ar more shall be referred to a registered collection agency, who will~ursue the collection of the outstanding balance of the unpaid fine along with any collection fees, service charges, or costs accrued for the collection of said fines in an amount not to exceed forty percent (40°1°} of the amount awed at the tune the account is referred to the collection agency Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADAPTED in regular session on sewn d final r o this 1`1`~"`~-day o£ _, 2009. MAYC?R ATTEST: City Clerk First Readin Second Readin ~ ~~ aRD. NC3. z~-09 MEM{)RANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney THROUGH: City Attorney DATE: April 29, 2009 SUBJECT: A_ar',ENDA ITEM 12.E, - REGULAR. COMM~.SSION MEETING OF MAY S. 2049 QRDINANCE N0.26-09 ITEM BEFORE CC?MNIISSION This Ordinance would amend Chapter 71, "Parking Regulations, Section 71,999, Penalty, subparagraph {b) Civil Penalty to allow the City to add certain costs of collection fees to any unpaid balance owed the City. BACKGROI.JND Florida Statute 938.35 allows for municipalities to charge violators any collection fees charged by any registered collection agency for obtaining payment for any unpaid traffic tickets. We have paid abaut X20,000 annually for parking ticket callectian fees. ~tECOMMENDATION The City Attorney's Office recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Alberta Gaum, Project Coordinator Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: August 13, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 FLORIDA RECREATION DEVELOPMENT ASSISTANCE (FRDAP) GRANT/REDESIGN POMPEY POOL/ATLANTIC DUNES NATURE TRAIL ITEM BEFORE COMMISSION City Commission approval is requested for the submittal of two (2) projects (redesign Pompey Park Pool and Atlantic Dunes walking trail) for grant funding from the Florida Recreation Development Assistance Program (FRDAP). BACKGROUND The proposed project scope for the redesigning of Pompey Park Pool, located at 1101 NW 2nd Street, includes the addition of fountains, watersprays, colorful umbrellas, benches, tables, and a recirculation system. The total estimated cost is $490,000 of which $200,000 will be requested from FRDAP. The second project, Atlantic Dunes Educational Nature Trail, located at 1605 S. Ocean Boulevard, will include the installation of a nature trail system with an elevated boardwalk and two outlook platforms, signage, removal of Australian Pines and replanting with native species. The total cost is $236,400 of which $115,000 will be requested from FRDAP. The revamping of both parks will encorage families to visit and play. FUNDING SOURCE Funding for the projects is planned for FY 10-11 in the proposed FY 2010 - 2014 Capital Improvement Program. RECOMMENDATION Parks and Recreation Department recommends City Commission approval to apply for these grants. W Z d~ r N~ ~ I Z Z 7 d O *- N.MI. ~~d STREET EOCE of ROAD EXIST. CONC. WASJf .....,• f EXISTING ~~NCE o I ~"~ STAfRS ~ f--ACCESSIBLE I ~~ GSRLS ENTRY i S7O12. STAFF ~0~~5 N o ^ ~ iG•D WAbING 72.6 POOL O 15'x2O' EQ. ~- VENDING CONCRETE FsECK POOL NEW 45'x75' PENGE goo ~~ ~ ~I ~, ixVING i c~ ~- [~- SEAmNG '--y5 32'x40' o o~o~ ~ N ~ ~o~~ o o 170.6 ~ ~ ~ ~ff _ ~ ~ _ 1. C SERVICE DRiYE 35A coNCEPT s~TE p~AN SCALE T"~40' J- EX45T1NG TENNES COURTS EXISTING CONCRETE WALK pp~~ _ ___ GEE ~ ~ E ~ S V ~ POAIIPEY PARK ~ooL AND BATHOtJSE ~ ~_ .~.... s E' asoo ENGINEERS^ARCii17'ECT$-PLANNERS,INC, Rv ~~~ THE CITY OF D~LRAY BEACH 9~,E "~~~-94 Des ~~ zero re onstr at the ~am _~ clud mound spray and water play ter '~ Tent, far, t nifold the la Des ~~ ed coy ve - - ay S _ 'V along r D ~ Cu is Zero Depth Pool at ,- cy ste FL OR/DA RECREA T/ON DEVELOPMENT ASS/STANCE PROGRAM 2070-207 ~ GRANT APPL /CA T/ON PACKAGE N+~ w CoMnuru~rY PLAYGIiOt-ND P~aTE~r re Q~ ~b~cr kER ~ ~~ office of Information and Recreation Services 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399 Information Line (850) 245-2501 Table of Contents Title Page Facts about FRDAP ................................................... 2-3 Part I -General Information ........................................... 4-10 Applicant Information ........................................... 4 Project Information .............................................. 5-6 Financial Information ........................................... 7-10 Part II -Evaluation Criteria .......................................... 11-21 General Criteria ................................................. 11-14 Development Criteria ........................................... 15-16 Acquisition Criteria ............................................. 17-18 Trail Construction Criteria ...................................... 19-21 Part III -Supporting Documents .................................... 22-30 Population Densities ............................................ 22-26 Application Check List ............................ 27-29 Contacts for Additional Information .......................... 30 List of Grant Program Managers by County ................. Attachment 1 FPS-A033 Page 2 of 32 FACTS ABOUT FRDAP WHAT lS FRDAP AND HOW lS lT ADMINISTERED? The Florida Recreation Development Assistance Program (FRDAP) is a competitive program which provides grants to local governmental entities for acquisition and development of land for public outdoor recreation use or to construct recreational trails. The Florida Department of Environmental Protection (DEP), Office of Information and Recreation Services administers FRDAP. The FRDAP Administrative Rule can be downloaded at www.dep.state. fZ.us/parks/oirs. WHO MAYAPPLYFOR FRDAP FUNDS? Municipal and county governments or other legally constituted entities with the legal responsibility to provide public outdoor recreation. WHAT lS THE GENERAL APPLICATION INFORMATION? A proposed FRDAP project must be for one of the three following categories: acquisition of land for public outdoor recreational purposes, development and/or renovation of land for public outdoor recreational purposes, or construction and/or renovation of a public recreational trail. If an acquisition project receives a FRDAP grant, the applicant must develop the acquired site for public outdoor recreation use within three (3) years. HOW DO l APPLY? Applicants must submit a completed FRDAP Grant Application during an announced submission period. Applicants may submit up to two applications during the submission period. Each agency may only have a total of three (3) active projects, including any applications being submitted. Applications must involve only one project site except for acquisition or development of sandy beach access. DEP evaluates applications on the basis of the information provided by the applicants, except where such data is superseded by official DEP information. Failure by an applicant to present all required application information and documentation may result in the application being declared ineligible for funding consideration, or may result in a loss of points for the applicant's competitive score. Application will be evaluated and scored based on the information submitted by the end of the submission period. The deficiency period has been PliminatPrl Applicants must submit three copies (1 original and 2 copies) of the completed application and all supporting documents during the announced submission period of (September 1, 2009, through September 15, 2009). Please use a soft covered binder, no HARD 3-ring binders. To facilitate review and scoring, please tab all exhibits. ANY APPLICATIONSSDBMITTED WITHOUT EXHIBITS BEING TABBED, WILL BE SENT BACK TO THE APPLICANT AND ASKED TO BE TABBED OR WILL BE CONSIDERED INELIGIBLE. Applications must be postmarked NO LATER THAN September 15, 2009, and submitted to: DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS OFFICE OF INFORMATION AND RECREATION SERVICES 3900 COMMONWEALTH BOULEVARD, MAIL, STATION 585 TALLAHASSEE, FLORIDA 32399-3000 FPS-A033 Page 3 of 32 If you plan to prepare this document by retyping or downloading it to your computer, the language and format used must exactly match this application. You may request an electronic application by e-mailing: An~i~:~3ri~ht~'a>,dez~.state.fl.us; or visit our web site @ ivtiv~a~. dep. state. fl. us/parksloirs WHAT lS THE MAXIMUM GRANT AMOUNT? Maximum grant funds an applicant may apply for is $200,000 GRANT MATCH RATIOS: (Based on the grant cap of $200,000) Proiect Cost State Share Grantee Share $50,000 or less 100% 0% $50,001 to $150,000 75% 25% $150,001 up to $400,000 50% 50% Project Cost =State Share + Grantee Share Please refer to Chapter 62D-5.055(4), F.A.C. for complete information on match requirements and match types. WHAT CAN l USE TO MATCH A FRDAP GRANT? *Cash *Value of undeveloped land owned by applicant (subject to conditions) *In-kind services HOW ARE FRDAP GRANTS AWARDED? Each application is reviewed to determine eligibility. The Division of Recreation and Parks evaluates each eligible application according to Florida Administrative Code and assigns a final score. Based on the scores, DEP prepares and submits a recommended priority list to the Florida Legislature for funding consideration. The Department's performance and obligation to award program grants is contingent upon an annual appropriation by the Florida Legislature. Should the project receive funding, the grantee will have up to three (3) years from the start of the state's fiscal year in which funds are appropriated to complete the Proiect or funds will revert. If questions arise while preparing the application, please contact the Office of Information and Recreation Services at 850/245-2501 or SUNCOM 205-2501. FPS-A033 Page 4 of 32 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT APPLICATION PACKET 2010-2011 PART l -GENERAL INFORMATION Received: Postmarked: Application Number: 1. APPLICANT INFORMATION A. Name of Applicant: (DEP USE ONLY) B. Federal Employer Identification Number:** **(This number must be registered at My Florida Market Place with the address the warrant will be forwarded) C. Population: D. Current Operating Budget: (This is the operating budget for the city, county or special district, and not just the department budget) E. Contact Person: Title: (The contact person is someone who will be in direct contact with DEP and be responsible for administering this grant if awarded) F. Mailing Address: City/State: Telephone:( ) _ FAX: E-mail: Zip Code: I hereby certify that the information provided in this application is true and accurate. I further certify that I possess the authority to apply for this grant on behalf of the applicant. Signature of City or County Manager/Title Date FPS-A033 2. PROJECT INFORMATION A. Name of Project: B. Project Type (Check One): Project cannot be a combination of acquisition and development Acquisition: Development: On land owned by applicant On land currently under site control by applicant Date site control expires: Trail Construction: On land owned by applicant On land currently under site control by applicant Date site control expires: Development projects must be under site control (owned by deed, or leased or dedicated for minimum of 30 years from the date of application) by the close of the submission period (September 15, 2009). • School board property is ineligible either by lease or ownership. • Include a copy of the site control documents (e.g., deed, lease, etc.). If providing a Quit Claim Deed, please attach a copy of a 30 year title search or title opinion. (Please Tab as Exhibit "N") FPS-A033 Page 6 of 32 C. PROJECT LOCATION: Street Address: City: GIS Coordinates: Longitude: Zip Code: - Latitude: 1. Submit a boundary map of the project area providing a description and sketch of the project area boundaries, display known easements and be legally sufficient to identify the project area. Aerial photographs are accepted as boundary maps, as long as the boundaries are identified. (Please Tab as Exhibit "K") 2. Submit color, on-site photographs for all three copies of your application, sufficient to depict the physical characteristics of the project area. (Please Tab as Exhibit "L") 3. Location map and directions: Submit a detailed road map precisely locating the project site along with clear written driving instructions from the nearest federal or state highway. NOTE: Please confirm that street names listed are the same as those posted on street signs in the area. Please do not use Map Quest or any other computer mapping program for this. (Please Tab as Exhibit "M") D. LEGISLATNE DISTRICTS IN WHICH THE PROJECT SITE IS LOCATED: This should be the Florida Senate and Florida House district in which the proposed project site is located. If you are not sure of the district, contact your local office of the Supervisor of Elections. (There is only one each.) State Senator: State Representative: Senate District Number: House District Number: E. TOTAL NUMBER OF ACRES BEING ACQUIRED OR TOTAL NUMBER OF ACRES BEING DEVELOPED: F. DESCRIBE THE PHYSICAL CHARACTERISTICS OF THE PROJECT. Include land resources, vegetation, fish and wildlife, historical, archaeological resources, water bodies, previous recreational usage and transportation access as well as other pertinent information. County: FPS-A033 Page 7 of 32 3. FINANCIAL INFORMATION GRANT MATCH RATIOS: (Based on the grant cap of $200,000) Proiect Cost State Share Grantee Share $50,000 or less 100% 0% $50,001 to $150,000 75% 25% $150,001 up to $400,000 50% 50% Project Cost =State Share + Grantee Share Please refer to Chapter 62D-5.055(4), F.A.C. for complete information on match requirements and match types. The Total Project Cost (Line F) must equal the grant request (Line A) plus the total local match (Line E). This figure (Line F) should not total more than $400, 000 for the purpose of this application. A. FRDAP Funds Requested (State Share) B. Local Funds Available: (Grantee Share) Line A $ 1. Cash: Line B $ 2. In-Kind: Line C $ 3. Land Value: Line D $ If property is developed, land value CANNOT be used as a match. Total Local Match: Line E $ Sum of lines B, C and D C. Total Cost of Proposed Project: Line F $ Sum of Lines A and E (Should not total more than $400, 000) (If approved for REDI Match Waiver, please fill out REDI Waiver Form located under FRDAP Administrative Forms at www. dep. state. f~ us/parks/OIR,S' and attach as Exhibit O) FPS-A033 Page 8 of 32 D. PROJECT COST ESTIMATE (COMPLETE ONLY FOR DEVELOPMENT & TRAILS PROJECTS): The project cost estimate break down is on the following two pages of this application. If land value is used as match, it should be included under primary cost. Primary costs include all recreation facilities and opportunities. Primary cost must be equal to or greater than fifty percent (50%) of the total cosh Remember to include each element in your conceptual site plan. Submit a conceptual site plan displaying the areas and facilities to be developed as proposed on page 9 & 10 of this application. The site plan must correlate with the project boundary map and cost estimates The site plan must CLEARLY DELINEATE between facilities/opportunities currently existing, facilities proposed for funding (page 9 & 10) in this application and facilities planned for future development Please color code your site plan to indicate facilities that are existing, proposed for funding and planned for future development (not in this project). Also identify different FRDAP phases on the site plan and any LWCF phases. (Please Tab As Exhibit "G") FPS-A033 Page 9 of 32 PRIMARY RECREATION AREAS AND FACILITIES: Primary cost must be equal to or greater than fifty percent (50%) of~the total cosh Including, but not limited to, beach access, picnic facilities, fishing piers, ball fields, tennis courts, trails, trailheads, etc. No enclosed structures are eligible costs. Costs of planning and site preparation should be included within the cost of each element If this is a trail project, list the uses or types of trails. If developing one trail for multi purposes state multi purpose trail, but if doing several different trails list separately with each use (example: walking tail or bike trail) FRDAP funded elements are not eligible for renovation if funded within the past 5 years. Quantity Description Estimated Cost N E W R E N O V A T I O N S Total Primary $ FPS-A033 Page 10 of 32 SUPPORT FACILITIES AND IMPROVEMENTS: No enclosed structures are eligible except restrooms, bathhouses or restroom/concession stands. Other support examples are: parking, landscaping, and security lighting. Amenities such as benches, or bike racks will receive no points when being scored. The enclosed structures listed above can not be phased out, must be completed with one grant FRDAP funded elements are not eligible for renovation if funded within the past 5 years. Quantity Description Estimated Cost N E W R E N O V A T I O N S Total Support $ TOTAL COST OF PROPOSED PROJECT ~ FPS-A033 Page 11 of 32 PART ll -EVALUATION CRITERIA GENERAL CRITERIA 1. CAPITAL IMPROVEMENT PLAN A. Is the proposed project identified, in whole or in part, in the applicant's capital improvement plan or schedule during the current or next three (3) fiscal years? Please provide: 1) A letter from the agency's city or county manager certifying the five year capital improvement schedule is officially adopted and date adopted Project will not receive points if letter is not submitted and does not state the date CIP was adopted -And - 2) A copy of the five year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan, stating project by name, amount and year (County or City budgets are not the same as capital improvement schedules) Please highlight project name, amount and year. (20 points) Yes No --- OR --- B. Is the proposed project identified as part of the plan through an adopted resolution committing the applicant to amend their capital improvement plan or schedule and complete the project should it receive program funds? Please provide: a copy of a fully executed resolution amending the existing schedule to include the proposed project The resolution must clearly indicate the proposed project by name, amount and year and cannot be older than 3 years. (10 points) Yes No (Please tab as Exhibit "A") 2. STATE COMPREHENSIVE OUTDOOR RECREATION PLAN A. Explain how the proposed project would address one or more of the issues or goals identified in the State Comprehensive Outdoor Recreation Plan. Use the OUTDOOR RECREATIONINFLORIDA- 2000 (Chapter 6). Provide quotations or other appropriate references with explanations to justify the correlation. To receive points, must give a detailed explanation as to how the nroiect meets the goals. cannot only list the _ owls. (Please tab as Exhibit `B") (4 points) FPS-A033 Page 12 of 32 ~°S HOMES ~~ JACKSON P~ WAL10N - r v ING10N ~ NASSAU j, GADSDEN z '~ CALHOUN _ ~ HAMILTON !' ~~ BAY ~ LEON ;F'+ MANISON I LBERiv WAKULLA SU WANNEE a DU VAL ~~ TAYLOR L ~. FRANKLIN LAFAYETTE ~ ~ ~' Sf. ~ ~JONNS IlI DIXIE A PUiNAM 1 FLAGLER LEVY B. 2005 RELATIVE NEED INDEX BY REGION MAa~~N HO~~E,\ V c,R~E VI Locate the applicant's region and circle each priority HERNA resource/facility need as proposed in the project cost on page 9 °~"N~E PAS~~ and 10 of this application or page 17 for acquisition projects which Hi~~__EeoucH oweo~A a is included in the applicant's planning region: (7 points) rr '~~~ `°`" VIII ~~~~ VII ~NO~AN R~~R MP"'"1EE I Bicycle Riding * Hiking * Nature Study * Outdoor HAROEE E, H~~H~ ~~~~E Swimming Pool Use * Shuffleboard °E '~~ MAR1iN CHARLOTTE GLADES 'cF~ II Bicycle Riding ~ EE PAM BEACH HENOav III Saltwater Beach Activities * Saltwater Fishing (No Boat) IX LiER E IV Bicycle Riding * Saltwater Fishing (No Boat) * Freshwater Beach _~" 1 1 1 Q o F Activities 90 oQOE V Freshwater Beach Activities * Saltwater Beach Activities * Bicycle Riding ~""`. ~"~ ~~~ ~: VI Saltwater Beach Activities * Bicycle Riding ~ ,; ~ ~ ~~ Saltwater Fishing (No Boat) * Hiking * Outdoor Swimming Pool Use VII Bicycle Riding * Freshwater Fishing (No Boat) VIII Saltwater Beach Activities * Bicycle Riding * Hiking Outdoor Swimming Pool Use * Golfing IX Bicycle Riding * Saltwater Beach Activities * Nature Study * Hiking Tent Camping * Outdoor Swimming Pool Use * Shuffleboard * Golfing X Saltwater Beach Activities * Bicycle Riding * Freshwater Fishing (No Boat) Hiking * Outdoor Swimming Pool Use XI Saltwater Beach Activities * Bicycle Riding * Freshwater Beach Activities Freshwater Fishing (No Boat) * Hiking * Tent Camping * Outdoor Swimming Pool Use X XI FPS-A033 Page 13 of 32 3. PUBLIC PARTICIPATION Indicate which of the following apply (Check ALL that apply): (To receive points for this section any meetings, presentations, or surveys must be held in the current year or within the previous 3 years of application and each of the three meetings must be held separately to receive each set of points. Meetings also must be held prior to the application submittal.) A. Apre-advertised public meeting was held solely for the purpose of discussing the proposed project. Attach a copy of ad and proof of publication for the advertisement. Advertisement needs to state where and when advertised. If ~ submitting 2 applications, must hold separate meeting for each project (unless they are phased projects of the same park). If not advertised in a newspaper, need a written explanation as to how, when and where advertised, along with a copy of notice/advertisement (Please tab as Exhibit"C-1") (10 points) B. The project was discussed at a regularly scheduled meeting of the applicant's advisory board responsible for park, recreation or leisure service activities. Provide a copy of the minutes of the advisory board meeting(s) where this project was discussed. The board must be an appointed group of citizens, such as a parks and recreation advisory board, who would normally review projects similar to the proposed grant application. Planning and zoning or similar boards may be used if a parks and recreation advisory board does not exist. CITY OR COUNTY C'OMMIS'S'IONS' ARE NOT CONSIDERED ADVISORYBOARDS: (Please tab as Exhibit "C-2") (7 points) C. Public input on the proposed project was obtained through presentations to community organizations, neighborhood associations and/or a written opinion survey. Provide documentation (minutes of meeting project discussed at with date or thank you letter from an organization, association, etc.) showing that presentations regarding this project were made to community organizations or groups OR provide a copy of the survey, who surveyed and summary of~the results. Letters o~upport are not acceptable to receive points. (Please tab as Exhibit "C-3") (4 points) FPS-A033 Page 14 of 32 4. OPERATION AND MAINTENANCE Capability to develop, operate and maintain the project site: (Please check ONLYone): Provide a brief description of how development, programming and maintenance will be provided and a copy of an a~ency organizational chart . Must provide both to receive points. The applicant has afull-time recreation or park department staffed to provide facility development, programming and maintenance. (Please tab as Exhibit "D") (6 points) The applicant has demonstrated the existence of a full-time ability to provide facility development, programming and maintenance. (Please tab as Exhibit "D") (4 points) The applicant has other means of providing facility development, programming and maintenance. (Please tab as Exhibit "D") (2 points) 5. PARK PARTNERSHIP The proposed project is supported through a fully executed written cooperative agreement between the applicant and a private or public entity (within the current or past 3 years) in which said entity agrees to furnish 10% or more of the total project costs in cash, land, or labor services for the development/construction of this project with the applicant holding the leading management responsibility. The written agreement must be executed by the end of the submission period and quantify the donation in monetary units. This can be a cooperative agreement between both parties or a letter from the entity agreeing to furnish 10% of the total project costs in cash, materials, land, or labor services. (A management or maintenance agreement is not acceptable.) Yes No (Please tab as Exhibit "E") (3 points) 6. TRAIL CONNECTIVITY The project provides for increased trail access by (a) connecting an existing, publicly owned and designated recreational trail with a project trail outside the proiect boundary; or (b) connecting two publicly designated trails outside of any park. Please indicate new project trail and where it connects to the existing trail(s) on the proiect site plan. Also, please identify by name and location the existing trail which this project connects to. Must show on site plan to receive points. Yes No (Please tab as Exhibit "G") (5 points) FPS-A033 Page 15 of 32 DEVELOPMENT CRITERIA (COMPLETE ONLY FOR DEVELOPMENT PROJECTS) 1. NEW DEVELOPMENT List the existing facilities/improvements on the project site. Include improvements such as baseball fields, basketball courts, trails, boat ramps, etc. (Bullet lists are encouraged) (If undeveloped, state None). The site plan must clearly delineate between facilities/opportunities currently existing, facilities proposed for funding in this application and facilities planned for future development. Please identify and color code different funding phases from the existing acilities. (Please tab as Exhibit "G") (5 points, if undeveloped) 2. INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA A) List the facilities which are addressed on page 9 & 10 of this application which are identified in the priority ranked index clusters of outdoor facilities needs for renovation and/or new construction identified within the applicant's population density as set forth in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida" effective December 1995. (See attached pales 22-26 for Priority Ranked Index Clusters. A project facility not listed in the priority ranked indexes will receive a score of a similar facility included in the indexes, as determined by the Department staff.) (If ~ developing trails, must have separate trails to receive separate points. (Maximum 30 points) FPS-A033 Page 16 of 32 B) Does the proposed project, in whole or in part, address the highest priority of infrastructure funding needs for the applicant's population density as set forth in the study titled "1995 INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATIONAND PARK DEPARTMENT FACILITYNEEDS IN THE STATE OF FLORIDA". Use the table below to determine in which priority funding need ranking the project falls. (Check ONLY one): Highest Priority Funding Need (13 points) Second Highest Priority Funding Need (8 points) Population Density 1 - Population Under 10,000 Raul: 1 Construction Ranl:2 Renovation Population Density 2 - Population 10,000 to 2=4,999 Ranlc 1 Renovation Ranl.2 Construction Population Density 3 - Population 25,000 to 49,999 Rank 1 Construction Rauh 2 Renovation Population Density 4 - Population 50,000 to 99,999 Ranl: 1 Coustructiou Rank 2 Renovation Population Density 5 - Population 100,000 and Over Ranl: 1 Renovation Ranl:2 Coustructiou Source: The 1995 Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida FPS-A033 Page 17 of 32 ACQUISITION CRITERIA (COMPLETE ONLY FOR ACQUISITION PROJECTS) L INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA List all the facilities that will be developed for this project. Only facilities identified in the top three priority ranked index clusters of outdoor facilities needs for new construction identified within the applicant's population density as set forth in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida", effective December 1995, will receive these points. (Priority ranked index clusters are attached as pages 22-26.) (15 points) 2. NEEDED RECREATIONAL ACREAGE Describe how the project provides for identified need(s) for additional park acreage pursuant to the applicant's adopted local comprehensive plan. Provide the following: A. Needed acres/Person and Total Acreage Under Local Control B. Provide excerpts of the applicant's local comprehensive plan as supporting back-up documentation and highlight the information that pertains to this section. (Please tab as Exhibit "F") (15 points) FPS-A033 Page 18 of 32 3. CAPITAL IMPROVEMENT PLAN A) Is the proposed development of the property identified in the applicant's capital improvement plan (CIP) or schedule during the current or next three (3) fiscal years? Please provide: 1). A letter from the agency's city or county manager certifying the five year capital improvement schedule is officially adopted and date adopted. Project will not receive points if letter is not submitted and does not state the date CIP was adopted. - And- 2). A copy of the five year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan, stating project by name, amount and year (County or City budgets are not the same as capital improvement schedules) Please highlight project name, amount and year. (6 points) Yes No B) Is the proposed development of the property included as part of the plan through an adopted resolution committing the applicant to amend their CIP and develop the property should it receive program funds? Please provide: a copy of a fully executed resolution amending the existing schedule to include the development of the proposed project The resolution must clearly indicate the development of ~ the proposed project by name, year and amount and cannot be older than 3 years. (3 points) Yes No (Please tab as Exhibit "A") FPS-A033 Page 19 of 32 TRAIL CONSTRUCTION CRITERIA (COMPLETE ONLY FOR CONSTRUCTION OF TRAIL PROJECTS) 1. NEW DEVELOPMENT List the existing facilities/improvements on the project site. Include improvements such as trails, trailheads, ball fields, basketball courts, etc. (Bullet lists are encouraged. If undeveloped state None.) The site plan must clearly delineate between facilities/opportunities currently existing, facilities proposed for funding in this application and facilities planned for future development. Please identify and color code di~'erente undin haws from the existing acilities. (Please tab as Exhibit "G") (5 points, if undeveloped) 2. STATE GREENWAYS AND TRAILS PLAN Explain how the proposed project would address one or more issues or goals as identified in the State's Greenways and Trails Plan. Use "Connecting Florida's Communities with Greenways and Trails -September 1998". Provide quotations or other appropriate references to justify the correlation. Ilse a separate sheet if necessary. (Please tab as Exhibit "H") (6 points) FPS-A033 Page 20 of 32 3. STATE OF FLORIDA DESIGNATED RECREATIONAL GREENWAY OR TRAIL The prof ect is located on or connects with a State of Florida designated greenway or trail. Please provide a map and documentation (letter from Office of Greemvays and Trails) indicating connectivity. Designation Agreements must be fully executed by the end of submission period Yes No (Please tab as Exhibit "I") (3 points) 4. REGIONAL OR LOCAL GREENWAYS AND TRAILS PLAN Explain how the proposed prof ect would implement a Greenway and Trail Plan adopted by either a regional or local governmental entity. Provide quotations or appropriate references with explanations to justify correlation. Enclose a copy of the regional or local governmental adopted Greenway Plan. (Please tab as Exhibit "J") (4 points) FPS-A033 Page 21 of 32 5. MIXED USE OR SINGLE USE TRAILS Does the specific trail design demonstrate that the project will support: Mixed use recreational trail opportunities, either motorized or non-motorized, or both? Yes No (8 points) -------OR------- Single use recreational trail opportunities? Yes No (6 points) 6. INFRASTRUCTURE ASSESMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA Does the proposed project, in whole or in part, address the highest priority of infrastructure funding needs for the applicant's population density as set forth in the study titled "1995 INFRASTRUCTURE AS'S'ES'S'MENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS' IN THE STATE OF FLORIDA ". Use the table below to determine in which priority funding need ranking the project falls. (Check ONLY one): Highest Priority Funding Need (13 points) Second Highest Priority Funding Need (8 points) Population Density 1 - Popiilation tinder 10,000 Rauh 1 Construction Ranl:2 Renovation Population Density 2 - Population 10,000 to 2=4,999 Raul: 1 Renovation Rank 2 Construction Population Density 3 - Population 25,000 to =49,999 Ranl: 1 Construction Rank 2 Renovation Population Density =4 - Population 50,000 to 99,999 Ranl: 1 Construction Ranl:2 Renovation Population Density 5 - Population 100,000 and Over Rank 1 Renovation Ranl.2 Construction Source: The 1995 Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida FPS-A033 Page 22 of 32 Part 111 -Supporting Documents POPULATION DENSITIES Outdoor Facility Needs Ranked by Priority Index: Population Density 1 Rank Renovation Construction Facility Points Facility Points 1 Playgrounds 6 Baseball Fields 6 Cluster I 2 Support Facilities 5 Softball Fields 5 3 Tennis Courts 5 Playgrounds 5 Cluster II 4 Rest Rooms 5 Rest Rooms 5 5 Picnic Facilities 4 Support Facilities 4 6 Baseball Fields 4 Soccer Fields 4 7 Basketball Courts 4 Basketball Courts 4 Cluster III 8 Softball Fields 4 Bike Trails 4 9 Swimming Pools 4 Swimming Pools 4 10 Boating Facilities 4 Tennis Courts 4 11 Fishing Piers 3 Picnic Facilities 3 12 Camping 3 Handball Courts 3 13 Handball Courts 3 Fishing Piers 3 Cluster IV 14 Football Fields 3 Football Fields 3 15 Soccer Fields 3 Boating Facilities 3 16 Beach Access 2 Exercise Trails 2 17 Historical Facilities 2 Camping 2 18 Shuffleboard Courts 2 Beach Access 2 Cluster V 19 Nature Trails 2 Historical Facilities 2 20 Other 2 Shuffleboard Courts 2 21 Golf Courses 2 Nature Trails 2 22 Bike Trails 1 Golf Courses 1 23 Exercise Trails 1 Hiking Trails 1 Cluster VI 24 Hiking Trails 1 Horse Trails 1 25 Horse Trails 1 Other 1 Population Density 1 -Population Under 10,000 FPS-A033 Page 23 of 32 Outdoor Facility Needs Ranked by Priority Index: Population Density 2 Rank Renovation Construction Facility Points Facility Point s 1 Rest Rooms 6 Support Facilities 6 Cluster I 2 Support Facilities 6 Rest Rooms 6 3 Playgrounds 6 Playgrounds 6 4 Baseball Fields 5 Softball Fields 5 5 Tennis Courts 5 Soccer Fields 5 Cluster II 6 Softball Fields 5 Baseball Fields 5 7 Basketball Courts 4 Basketball Courts 4 8 Boating Facilities 4 Picnic Facilities 4 Cluster III 9 Swimming Pools 4 Swimming Pools 4 10 Picnic Facilities 4 Football Fields 4 11 Soccer Fields 4 Tennis Courts 4 12 Exercise Trails 3 Handball Courts 3 13 Football Fields 3 Nature Trails 3 Cluster IV 14 Shuffleboard Courts 3 Bike Trails 3 15 Handball Courts 2 Boating Facilities 2 16 Beach Access 2 Other 2 17 Fishing Piers 2 Exercise Trails 2 18 Camping 2 Golf Courses 2 Cluster V 19 Bike Trails 2 Hiking Trails 2 20 Nature Trails 2 Fishing Piers 2 21 Other 2 Camping 2 22 Golf Courses 1 Beach Access 1 23 Hiking Trails 1 Historical Facilities 1 24 Historical Facilities 1 Horse Trails 1 Cluster VI 25 Horse Trails 1 Shuffleboard Courts 1 Population Density 2 -Population From 10,000 to 24,999 FPS-A033 Page 24 of 32 Outdoor Facility Needs Ranked by Priority Index: Population Density 3 Rank Renovation Construction Facility Points Facility Points 1 Rest Rooms 6 Baseball Fields 6 Cluster I 2 Playgrounds 6 Soccer Fields 6 3 Support Facilities 5 Support Facilities 5 4 Tennis Courts 5 Softball Fields 5 Cluster II 5 Baseball Fields 5 Playgrounds 5 6 Basketball Courts 5 Boating Facilities 5 7 Beach Access 4 Football Fields 4 8 Swimming Pools 4 Tennis Courts 4 Cluster III 9 Soccer Fields 4 Rest Rooms 4 10 Picnic Facilities 4 Picnic Facilities 4 11 Football Fields 3 Basketball Courts 3 12 Softball Fields 3 Other 3 Cluster IV 13 Boating Facilities 3 Exercise Trails 3 14 Exercise Trails 2 Bike Trails 2 15 Handball Courts 2 Nature Trails 2 16 Other 2 Camping 2 17 Golf Courses 2 Handball Courts 2 18 Shuffleboard Courts 2 Historical Facilities 2 Cluster V 19 Fishing Piers 2 Swimming Pools 2 20 Bike Trails 2 Hiking Trails 2 21 Hiking Trails 2 Golf Courses 2 22 Nature Trails 2 Beach Access 2 23 Camping 2 Fishing Piers 2 24 Historical Facilities 1 Horse Trails 1 Cluster VI 25 Horse Trails 1 Shuffleboard Courts 1 Population Density 3 -Population From 25,000 to 49,999 FPS-A033 Page 25 of 32 Outdoor Facility Needs Ranked by Priority Index: Population Density 4 Rank Renovation Construction Facility Points Facility Points 1 Playgrounds 6 Soccer Fields 6 Cluster I 2 Rest Rooms 5 Playgrounds 5 3 Support Facilities 5 Picnic Facilities 5 Cluster II 4 Tennis Courts 5 Baseball Fields 5 5 Soccer Fields 5 Support Facilities 5 6 Baseball Fields 5 Swimming Pools 5 7 Swimming Pools 4 Softball Fields 4 8 Exercise Trails 4 Basketball Courts 4 Cluster III 9 Softball Fields 4 Rest Rooms 4 10 Basketball Courts 4 Other 4 11 Handball Courts 3 Exercise Trails 3 Cluster IV 12 Picnic Facilities 3 Golf Courses 3 13 Boating Facilities 2 Tennis Courts 2 14 Beach Access 2 Boating Facilities 2 15 Fishing Piers 2 Fishing Piers 2 16 Shuffleboard Courts 2 Football Fields 2 17 Football Fields 2 Handball Courts 2 18 Golf Courses 2 Bike Trails 2 Cluster V 19 Nature Trails 2 Nature Trails 2 20 Other 2 Hiking Trails 2 21 Bike Trails 2 Horse Trails 2 22 Camping 2 Beach Access 2 23 Hiking Trails 2 Camping 2 24 Historical Facilities 1 Historical Facilities 1 Cluster VI 25 Horse Trails 1 Shuffleboard Courts 1 Population Density 4 -Population From 50,000 to 99,999 FPS-A033 Page 26 of 32 Outdoor Facility Needs Ranked by Priority Index: Population Density 5 Rank Renovation Construction Facility Points Facility Points 1 Support Facilities 6 Support Facilities 6 Cluster I 2 Rest Rooms 5 Baseball Fields 5 Cluster II 3 Playgrounds 5 Playgrounds 5 4 Tennis Courts 4 Softball Fields 4 5 Swimming Pools 4 Rest Rooms 4 Cluster III 6 Boating Facilities 4 Soccer Fields 4 7 Basketball Courts 4 Picnic Facilities 4 8 Golf Courses 3 Bike Trails 3 9 Softball Fields 3 Swimming Pools 3 10 Picnic Facilities 3 Exercise Trails 3 11 Historical Facilities 3 Hiking Trails 3 Cluster IV 12 Baseball Fields 3 Other 3 13 Fishing Piers 3 Golf Courses 3 14 Exercise Trails 3 Camping 3 15 Soccer Fields 3 Beach Access 3 16 Handball Courts 2 Historical Facilities 2 17 Camping 2 Tennis Courts 2 18 Football Fields 2 Basketball Courts 2 Cluster V 19 Nature Trails 2 Boating Facilities 2 20 Beach Access 2 Fishing Piers 2 21 Bike Trails 2 Football Fields 2 22 Other 2 Nature Trails 2 23 Hiking Trails 2 Handball Courts 2 24 Horse Trails 1 Horse Trails 1 Cluster VI 25 Shuffleboard Courts 1 Shuffleboard Courts 1 Population Density 5 -Population From 100,000 & Over FPS-A033 Page 27 of 32 APPLICATION CHECKLIST Please use this list to make sure that all applicable and all required documentation is included. To facilitate review and scoring, please tab all exhibits. ANY APPLICATIONS SUBMITTED WITHOUT EXI-IIBITS BEING TABBED, WILL BE SENT BACK TO THE APPLICANT AND ASKED TO BE TABBED AS REQUESTED BELOW OR WILL BE CONSIDERED INELIGIBLE. Attach supporting documents at the end of the application in alphabetical order as follows: N%HENA.4kED TOSUI3,tillTMUL~IPLEl)O(~,tilEN7:S',dPPI_ICA~ION l~i~lLl_ NOTRECEII'EPOIMS IFA/_/_ DOCUMEM:S ARE NOT SUl3,~1~711'1'EU. Dc~~clopment Acyrrisition Application Item - /f Applicable & Trails Projects Tab ns Edribit Pro 'ects NOTE: Three (3) copies of the completed and signed Please use a soft application and all supporting documents must be . / V ,~ covered submitted before September 1 S, 2009. (1 original binder. and 2 (No Hard copies). 3-ring binders) A. 1) A letter from the agency's chief administrator certifying the five year capital improvement . / V . / V A schedule is officially adopted and the date adopted and 2) a copy of the Capital improvements schedule OR I) a copy of a fully executed resolution amending the existing schedule to include the proposed project. Designate ro osed ro ~eet b name, date and ear. B. SCORP objectives support documentation --Written response to PartIIl, Item 2A on page 11 of this - / V - / V B application. Include a brief narrative explaining how the project implements one or more of the outdoor recreation goals and objectives as listed in the 2000 SCORP. Provide quotations or other appropriate references with explanation to justify the correlation. C. Public participation documentation: 1. Copy of public meeting advertisement for SOLE P URPOSE of discussing ~ ~ CI the project. Advertisement must state where and when advertised 2. Minutes of REGULARLY SCHEDULED d b d CZ a visory oar meeting. 3. Documentation of presentation to community groups (minutes, letter of thanks from organization, etc.) OR... . A copy of the survey and summary ~ ,~ C3 of the results as they relate to the proposed ro ~ect. (Su ort letters are not acce table FPS-A033 Page 28 of 32 for points) FPS-A033 Page 29 of 32 Application Item - Regnirecl Development Acynisition 1'nb ns Exhibit Project Project D. Documentation of ability to support programming and maintenance ofproject . / V . / V ~ site. Provide a copy of an agency organizational ehartAND an explanation of ability to provide development, programming and maintenance. E. Copy of cooperative agreement between applicant and a private or public nonprofit . / V . / V E entity with the applicant holding the lead mana in res onsibili F. Excerpts of the Recreation/Open Space element of the local comprehensive plan . / V j• identifying needed acreage. Please provide and highlight excerpt which indicates needed number of acres and provide how much acrea e local overnment alread controls. G. Conceptual site plan for development of the project area: Submit a conceptual site plan displaying the areas and facilities to be developed as proposed in the scope of the application. The site plan must correlate with the project area identified in the project boundary map and cost estimate. The site plan must CLEARLYDELINEATE ~ ~ ~ between facilities/opportunities currently existing, facilities proposed for funding PZQIISe USe O1ZZy in this application and facilities planned for lCZelZtlfy if future development. Please color code your different reC~lleStll2 site plan to indicate facilities that are funding g ty'llll existing, proposed for funding and planned for future development (not in p~ZllSeS COn- this project). Also identify FRDAP & LWCF neCtlVlty phases. OlntS. H. Excerpts of the Connecting Florida's Communities with Greenways and Trails. TrllllS Only j-j I. Letter from the Office of Greenways & Trails documenting project is located on or ,~ j connects with a designated State of Florida TrlllZS Only Greenwa or Trail. J. Copy of Regional or Local Governmental adopted Greenway Plan ,~ J Trails Only FPS-A033 Page 30 of 32 Application Item - Reynirecl Dei~eloprnent Acynisition 1'nb ns Exhibit Projects Projects K. Boundary map of the project area: Submit a boundary map of the project area. The map must provide a description and sketch of the project area boundaries, display known easements and be legally sufficient to identify the project area. Plat ~ ~ j~ maps may be accepted if the above criteria are identified. Aerial photographs are accepted as boundary maps, as long as the boundaries are identified. L. Photographs of the project area: Submit color, on-site photographs sufficient to depict the physical characteristics of the project area. Provide color photographs for all three copies of your application. Aerial photographs are requested, but not required. .~ .~ L Please mark an approximate boundary of the project site and note major roads and/or landmarks on the aerial photo. (Note this is not the boundary map). M. Location map and directions: Submit a detailed street, road or highway map precisely locating the project site. Also, provide clear and concise written driving instructions from the nearest federal or state highway. NOTE: Please ~ ~ j~j confirm that street names listed in the written directions are the same as those posted on street signs in the area. Please do not use Map Quest or any other computer ma in ro ram or this. N. Site Control (e.g. ,deed, lease): 1) Submit a copy of the site control V documents (e.g., deed, lease, etc) N 2) If only have a Quit Claim Deed, please submit the deed and also a 30 year title search by the grantee 's attorney proving the .~ grantee owns the property. Site control must be effective by the close of the submission period (September I5, 2009) O. RequestforMateh Waiver/REDIForm: If eligible for the Rural Economic Development . / V . / V ~ Initiative Match Waiver, submit Request for Match Waiver. FPS-A033 Page 31 of 32 CONTACT FOR ADDITIONAL INFORMATION: Corrt~~ct Plu~rte A. FRDAP Application Information & Help 850/245-2501 B. FRDAP Administrative Rule 850/245-2501 www. dep. state. . us/parks/oirs C. Statewide Comprehensive Outdoor 850/245-3051 Recreation Plan (SCORP) www. dep. state. . us/parks/planning/parkplans/ SCORP-2000. pdf D. Bureau of Appraisal 850/245-2658 E. Recreational Americans with Disabilities 850/245-3076 Act (ADA) Information F. Office of Greemvays & Trails 850/245-2052 G. Florida Statewide Greemvays & Trails Plan 850/245-2052 FPS-A033 Page 32 of 32 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 SERVICE AUTHORIZATION N0.07-03/GLATTING JACKSON KERCHER ANGLIN ITEM BEFORE COMMISSION Staff requests Commission approval of service authorization #07-03 for Glatting Jackson Kercher Anglin in an amount not to exceed $35,600 for the provision of limited construction administration services in conjunction with the construction of Phase I of the Old School Square Park Improvements. BACKGROUND Commission approved service authorization #07-02 dated February 18, 2009, for Glatting Jackson Anglin Kercher for preparation of construction documents for Phase I of the Old School Square Park Improvements. Part V of that agreement defined the scope for construction assistance for the phase I construction activities and estimated a budget of $35,600 for those services. Said scope and budget were included in the design services agreement for informational purposes and were not approved with that document. With award of the project construction contract, construction administration services from the project consultant will be required during construction activities. Service authorization #07-03 reiterates the scope of services for construction administration which include meeting attendance, document review, RFI responses, review of contractor pay requests, regular site visits to ensure construction compliance with specifications, and substantial and final completion inspections. As budgeted in the prior agreement, the fee for the stated services is a not to exceed figure of $35,600. FUNDING SOURCE Funding is available in project account #334-4151-572-63.59, OSS Park Improvements. RECOMMENDATION Staff recommends approval of service authorization #07-03 for Glatting Jackson Kercher Anglin. CC GLATTING JACKSON KERCHER ANGLIN We Plan and Design livable Communities Jack F. Glatting, Founder William J. Anglin, Jr. David L. Barth Gregory A. t3ryla Dan E. Burden Francos E. ivlarino Charles P. Cobble Jay H. Exum Garay 5, tiayo Jay R. Hood Timothy T. Jackson William C. Kerchor, Jr. Walter M. i<uiash Brent A. Lacy Sharon K. Lamantia tan iv1. Lockwood Thomas J. McMaeken, Jr. John H. Percy Troy P. Russ Peter C. Seehler Donald G. Vtlfshart CONSULTING SERVICE AUT)EIORIZATION DATE: SERVICE AUTHORIZATION N0. ~~ °"~,~ FOR CONSULTING SERVICES CITYP.O. NO. CITY EXPENSE CODE ~'~`°~"" ~'C~~Y~"..~-~° ~,~~~~~ TITLE: City of Delray Beach Old School Square Expansion Phase 1 Gutting Jackson Project No. 20988.05 August l I, 2009 EXHIBIT A -SCOPE OF SERVICES 1.0 PROJECT DESCRIPTION l .l The City of Delray Beach (City) has previously retained Glatting Jackson Kerchor Anglin, Inc. {Glatting Jackson} to develop design, permitting, bidding and construction drawings and specifications for the Phase 1 development of tho Old School Square Expansion. The project is a 1.SC~-acre parcel located in downtown Delray Beach, Florida. The City is the owner of the project, I.3 The City desiz•es to hire Glatting Jackson to provide services during construction of the project. Glatting Jackson shall act concurrently as the Project Manager for the project, as well as the Park Planner and Landscape Architect. 1.4 Professionals working on the project as subconsultants to Glatting Jackson include the following: Civil Engineering, Permitting Electrical Engineering Irrigation 1389 Peachtree Street, 1'JE Suite 390 Atlanta, GA 30309 1': 444 541 6552 Michael B. Schorah and Associates Electrical Design Associates (EDA) Computer Design Services The City hereby acknowledges and agrees that Glatting Jackson will assume responsibility for the coordination of work produced by any subconsultants to Glatting Jackson as Project Manager for the prof ect. 1523 18th St 1 •~ All work shall 6e completed in accordance with the terms and conditions of the Agreement for suite io7 General Consulting Services between the City and Glatting Jackson dated Apz-i17, 2007. This Denver, co 8o2oz Service Authorizatiatz when executed sizall be into orated in and shall become an integral part of the P: 303 524 3090 ~ ~ ~ Contract. 120 North Qrange Ave Orlando, FL 32801 2.0 SCOPE OF SERVICES P: 407 $43 $552 222 Clematis Street Suite 200 West Paim Beach, FL 33401 P: 567 658 6552 Part 1- Construction Assistance www.glatting.eom CC 2.1 General Administration -Glatting Jackson shall provide the City ~,vith Construction Services on an as needed basis. The City will be responsible for General Administration during the Contract Adnrinistzatian phase. Glatting Jackson's work may include; - Pre-Construction Meeting Attendance (1 meeting} - Construction Meetings (Concurrent with Construction Observation site visits} - Review of Product Submittals - Notification of Non-Confarrr>ing Work - Shop Drawing Review - Preparing RFI Responses - Preparing Field Sketches or Modifications to Documents Related to Constructability - Review of Contractor Pay Requests 2.2 Review of Materials -Glatting Jackson's work shall include: Nursery Site Visit to Select and/or Review Conh~actoz•-Selected Plant Material (8 Hours} Review of On-Site Hazdscape Mack-Ups 2.3 Construction Observation -The design team will visit the site as follows: Glatting Jackson 12 Site Visits Schorah 10 Sits Visits Electrical Design Associates 5 Site Visits Computer Design Associates 3 Site Visits The site visits will beat intezvals appropriate to the stage of construction to become familiar with the progress and quality of the work completed, and to determine in general if the work observed is being performed in a manner indicating that the work, when fully completed, will be in accordance with the construction documents. However, Glatting Jackson will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of work. Glatting Jackson shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, since these are solely the Contractor's rights and responsibilities under the contract documents. 2.4 Construction Reports -Each site visit will be followed by a report to the City of known deviations from the contract documents and from the most recent construction schedule submitted by the Contractor. Howevez• Glatting Jackson shall not be responsible for the Contr•aetor's failure to perform the work in accordance with the requirements of the contract documents. 2.5 Project Completion -Glatting Jackson's work shall include: - Site Visit to determine the date of Substantial Completion - Site Visit to determine the date of Final Completion - Receive from the Contractor and forward to the City, for the City's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor Approve the Contractor's finial Certificate for Payment indicating the work complies with the requirements of the Contract Documents Services Not Provided 2.6 Services Not Provided - On-Site Construction Supervision or Management - As Built Documents Any work required by federal, state, or local code to be provided by a licensed professional other than a Landscape Architect is beyond the scope of the work to be performed by Glatting Jackson. Each professional on the team will sign and seal documents containing the work prepared by them. 3.0 PROJECT SCHEDi1LE Glatting Jackson is prepared to begin work on the project immediately upon receipt of the notice to proceed. Glatting Jackson, in consultation with the City, shall perform its work in accordance with the project construction schedule 4.0 ASSIGNED PERSONNEL The following personnel from Glatting Jackson will be assigned to this project, and will have the responsibilities described: David L. Barth - Principal-In Charge S/Project Manager Michael P. Sobczak - Urban Designer 5 Bruce C. Hall - Landscape Architect 4 5.0 COMPENSATION 5.1 Part 1-- The fee for the work described in Part 1, Construction Assistance, shall be billed on a time and materials basis, not to exceed without additional approval, Thirty-Five Thousand Six Hundred dollars ($35,600.00) including direct expenses. Additional Services, shall be billed using the hourly rate listed in the referenced agreement, ai• as an agreed upon fixed fee. 5.2 Applicatlou Fees -All application, filing, and permit fees, including, without limitation, all fees to local, regional and state govei7uiients and agencies, shall be paid by the City directly to the appropriate agency at the required time. 5.3 Subeonsultaut Fees -Fees for subconsultants working on this project under direct contract with Glatting Jackson are included in the fees for each part of the scope of services detailed above: Michael B. Scharah and Associates $6,500.00 Electrical Design Associates (EDA) $8,000.00 Computer Design Services $Sfl0.00 S.4 Retainer No retainer will be required. 6.0 CITY RESPONSIBILITI1±aS 6.1 City sha11 designate a Project Representative immediately upon execution of this Scope of Services, who shall be Glatting Jackson's point of contact with the City. 6.2 City shall provide full information to Glatting Jackson regarding project requirements and constraints including, without limitation, a program setting forth the City's objectives, and shall provide all data, drawings, information or other resources requested by Glatting Jackson that are necessary for completion of the project. b.3 City shall comply with any schedule requirements made known to the City by Glatting Jackson and, in any event, shall be available to meet with Glatting Jackson and provide decisions in a timely manner throughout the project. 6.4 City shall be responsible for all other aspects of the project not specifically assigned to Glatting Jackson under this Letter of Agreement or any subsequent request {and acceptance) far itional Service. PM ~ SGL SKL PHASE I LOCATION ~ u _ . .~ :Q. Y ..~ .. . Q ;, o o. ..... :.. ~. .: .~ 0 .... :~ .... .:.~ .,:. :} .~;.. ;; TT 1 .... O ~ .. ' O' • .. ... .. ~~ ~ ~. ~~ ~ r f ~ : .. . '. ': :: . : :` `' _ „ ( } O Q '~ i i :: } ~: ~..J ~ -~ y #~ .. ' r . ~ .: .. . ~ } ~ ' _ ~ ~ p . 5: . ~ . 4. • ... ~ .. ' ~ t M ;~ %~ j n .. :.: " .' ., : ., ~ ~ ~ ~ f ' . ~~ r~~. ',. .. .. .. ~ ~ .. ~ O - , . . . . •. .. .. ~>~ ~ .. .. T + ~: !:.. ~: " ., . ... .. .. ~' ..~. :~ .4, is n ~n ' S O _ 1 ro+. ~.y ~ ~ T , ` ~ :. r.' ? y~ .:' ~ ~ ~ .. .: _.. ~ ~~• Y ... v. w• '.: 5 .' ~'.~. -. 'i Y , + . , ~-r~-T : .. _/ -J . . .. .. ,.: ' . . , : .. ~~ .:.. ..;'. ... .. :~. : -.... ~...~ ......: . ' ~ . ~:i ~~ ,.. ___ _ _. .>. .. . s.. .. '. ...; err .... ,:. ::;., - , '~~~ .. . '.. ..: . _ . . ' ' • ~ ~ .. . ~ ~ ~ ~ ~ ^ ~-~~~ W g MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for October 22, 2009 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 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, NW 5th Avenue from Atlantic to NW 2nd Street and SW 5th Avenue from Atlantic to SW 1St Street. Commission is also requested 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, Hold Harmless Agreement and Certificate of Insurance for this event received from Marjorie Ferrer. The estimate of overtime cost for this event is $7,300. Cost for the barricade rental is estimated at $332. 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 for a total cost of $2,537. However, if the event policy changes, then the event producer would be required to pay the new fees. 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. ~~~G~~~ ~. ~ U~I.IL4Y BFACN ~~M~,~rs~~~grjy ~~RV)C~~ ~N[-AmeiicaGi PLEASE TYPE OR PRINT .~ ~~~~ aoo~ City of Delray Bcach Special Event Permit Application Event Name/Title: ~~" °~ 1~~ V~ ~~~ Event Date(s): ~~,r ~~~ ~ Times: Name: 1 1 Address: ~ Telephone Number: E-mail Address: lY1~ History of Evelit (If applicable): Planned Activities (Outline of activities/number of activities, i,e. entert inment, children; s rides, games, other programs): i {,d,'QS Number of Individuals Served Previous Year (if applicable): ~. ~ , t0~,~ Describe the Largetted population and expected attendance, ~1~t! h Ct~ ~..._,...,..1~.._. /1 ..,,,,,~.....;1r,o~, t....__.l~. Event Sponsor/Producer: 1,~1y1 ~~ Event CantacUCoordinator: ~ UriU fi~~ Describe your Marketing/Promotions Program {How will you radio, poste s, fl ers, web sites, other): ~ ,t~ ~~.~v~1 ~r .~7u,~rrnv ~Ix~.~ ~ ~nt~r~1,1 acr~.~„ i.e. TV, S Sponsor Category (please check) City r~ Nan-PrafitlCharitable a Private Q Co-Sponsor -Non-Profit/I'rivate ^ Site plan attached: yes~^ no (Site plan re7uired for entire event site. Include locations of tents, stage, portalets, 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 (If yes, attach letter giving authorization from property owner} Event budget attached: yes_~ no (Regrr~red for all events) Previous year RevenuelExpense summary attached: yes ___._.__ no (Required for all events) Do you have cash sponsors for the event: yes J~ no (Indicated on budget} Do you have inkind sponsors for the event: yes ~ no (Indicated on budget) C:lUocuments and SettingslLisilDesktopl5pecial Eve~st Permit Application FINAL 4.6.07.doc (If Non ~ro~t attach proof of 501 c(3), c(4), c(6), C(1 Q), or c(19) or (d) Event Location (Describe area boundaries of event/location): `~° . St~@. ~YIQO, Serving or selling alcohalic beverages: yes no (If yes, copy of license attd alcoltnl liability insurance req~~ired trvo (2) weeks prior to evetrt) Event certificate of insurance attached: ves ~_ no (Required trvo (2) weeks prior to event ttantirtg the City as additional insured, also required for vendors) Playing of amplified music: yesJ~ no (li'aiver required) Will there be entertainment: yes / ~ no. (lf yes, attached list of Performers andlor DJ's) If yes, sponsor agrees all entertainment will b f roily oriented and contain no obscenities: yes~_.__• no_ Requesting Police assistance: yes~__ no (traffic controlisecurity) Will supplement with private security: yes no (I• f yes, need plan attached) Requesting Emergency Medical assistance: yes ~ no Requesting barricade assistance: yes~~~ no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes~~, no (Will be billed to sponsor} Requesting trash boxesleontainers and liners; yes no Requesting stage use: yes no~_ (If yes, check type) Large stage (1~' x 36') n Small stage (16' x 21'} ~ Half small stage {S' x 21') ~ Requesting signage: yes no Type: 4'x4'Event sign Parking Signs Banner hanging~~~Indicate dates required (Waiver required if i`nore than olae (1} week prior to event) ~ ~a` l ~(y~' ~ ~~~ ~- Requesting City Portable Generator: yes no~ (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) yes no~ yes no C:1t)oeuments and SettingslLisilDesktoplSpecial Event t'ermit Application TINAL 9.6.(17.doc Other vendors; yes ~ no (Indicate type) [' Tents: yes ~ no If yes, Hoty naa~ay il'ltat size or size t•erlr~ired {If yes, tent perrrrits and fire inspections Wray be needed) ~( Will the event include amusement rides: yes no / ~ (If yes, type and location acrd copy of liability insurance required, also requires state license acrd inspection,) Wlll the event be gated: (Slioiv on-site snap} yes no~~. Will there be a charge for the event, yes no_ (If yes, indicate ticket prices) ~( Will there be fireworks or other pyrotechnics; yes no / ` (If yes, contact Fire Marshal to obtain and complete permit application)~/ Will there be cooking with compressed gas; yes no ,/~ (If yes, contact Fire Harslial for rnspectior7s) Will you be providing port-a-lets for the event. yes~_ no (If yes, locate on-site map. 1f IiO, it:dicate IIOw you 3vill llalydle restYODlt111/eels} Is reserved parking requested: yes no \ (If yes, indicate locations and purpose for rrse) Event Permit Attachments: /~ RevenuelExpense 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 d5 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:II)ocwnents and 5ettingsli.isldesktopl5pecial Gvent Permit Application PINAL 9.6.07.dac ~~ ~ ~-~ o ~ Event Contracto /Co~ A~~di~n~tq Date Please print:, ~ r C ~ ~~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. FoY Staff Use O~tly Date Received Application fee received $ C:1Documents and SettingslLisiU7esktoplSpecial event Permit Application PINAL 9.6.D7.doc O C4~0 O 000000 ~ ° i ~ O 0 C1 0~ °p0 O O O O O O O p O t°f1 tl1 r fa ° V ~oo ~od NN Od~ ~ ! € us i d ?or~ N ")N c ~ ti ! ~ ~ p N O o `' 3 ~ ~ ~vj r- r W r r i t ~ ..c t T, ~ f3, { a O Gooooo00 O O Q QOOO 0 ~ 0 O o ~ 0 ooom 0p Opppp ' o Q o p ~1"! a O p a O O o G 0 o 0 tt7 o 0 e- m M y r O o 0 0 0 0 vY ,l1 Q ~f r M O ~ ~ Vi { N ~ONr~~~N ~ n ~NNr o c Ni ~ r N C ~ ~ I m E ~ C O ~ N C N N O ~ n ~ N t4 D3 ~ C C ~ ~ GN1 ~ j ~ ~ ~ `~ ~ m a h C ~ [L ~ NS ~ ~ a~ ~ ~ o - m ~ '~ m ~ c vi - a e o ~O ~~ U T N ~ €L' lll tR~ U0. mp ~R ~ U ~ U3 3 O t>~ ~ n. 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O ~ m ~ to ~ y i ~ ; m ~ ~j ~ ~ I ~ ~~~ I ~ ~ C 1 N ~ ~ ~ I ~ ~ Y ~ m ~~ fl iy m ~ ZU ~ ~ ~ '(I1 ~ '~~i a~W c mas y +m ~ °' a~ ~ ~n ~ i c fl ~ 'i't/ , ~~ rnl o o ~i m n~ `,' rn ~ ,a o ~ ~ ' u. e+~, ~ a ~ ~ 4. ~,~ ~ I~{ cdI ate I ~ ~~ ~ i I [1[ ~~ uj c ~ E ro E~~ ~' Y3 y ~ ~~~F 02 ~ 3 ~ ~ a~ C ~~ U ~~ ~~ ~ ~ ~ ~ ~ ~ ~ ~_ ~ ~ ~ ~i >- ® ~~ ~ ~~'~~~ ~ ` o $ Zi ~ a o ~S°- u ~O ~ c~._ ro `q a ~ za ~ u~ w i ` y t~'o.~R t4 °' 3 s (~ ~ ~ ~ '~ Q a .~ . c ° ~ o u ~ ~ F- I ` V ~1 Z ' ~ a a V ? K a ~ ~ a ~ ~C'3N~(3xNF~ v k ~ O c ~i ° aK ~c3w o iUamC1 0 i ~~ ~ ac~ni-°O[U C 3~ m a a ~ ~ ; ~ ~~.~~~ ~. _ ,, ; ®~®~~®. ~~~®~ ~~®® ~~~~~ a ~~~~~~~~ f ~ ~.:_ ~ ~li~a~ea°y the ~ ~--- SPECIAL EVENT HOLD HARMLESS AGREEMENT The Delray Beach Downtown Marketing Cooperative (comprised of the Community Redevelopment Agency, Downtown Development Authority, Chamber of Commerce and the City of Delray Beach) agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal: and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising fram and in exchange far the Delray Beach Downtown Marketing Cooperative use of City Facilities ar property for the special event of ~`/~~c-~r' ~-~'A z Z e:~ ~r7f~' A~~~c- c•`~ and hereby releases the City of Delray Beach, its agents and employees from ail suits, actions and claims including attorney`s fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising fram the specie[ event of /ftiT'v~'AzZ, ~,J~ Ad~,~i~~ ~a ~ti +~r ~ This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative as covered under Penn American Insurance Company policy number PAC6762705. .- ~~e Michael Listick, Chairman, town Development Authority Howard Lewis, Chairman, Community Redevelopment Agency William,!. Wooel; President, Charr~ber of Camrnerce Robert A. Barcinski; Assistant City Manager, City of Delray Beach Revised 712G109 DELRA'Y BiiACH[ Do~VnTO~vN MARKETING COOI"EItATI~'E • City of Delray Beach • Community Redevelopment Agency • Downtown Development Authority • Greater Delray Beacl~ Chamber of Commerce 64-A 5E Fifth Avenue, Delray Beach, FL 33483 • Tel: 561.273.1380, ext 16 Fax: 561.278.0555 www.DowntownDelrayBeacii.com AcoR~ CERT'IFlC.a4TE OF LIA~IL.ITY INSURANCE OP ID EA DATE (PAhilDD1YYYY) DOWN7.'-2 01/15/O9 PRODUCER THIS CERTIFICATE IS ISSUED AS A i1AATTlrR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Plastridge Agency, Inc. HOLDER.7HI5 CERTIFICATE DOES NOT AMEND, EXTEND OR 820 N . E . 6th Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Delray Beach EI, 33483 one:561--276--5223. Fax:561-276--5244 INSIIRERSAFFORDINGCOVERAGE NAIC# ._.~URED ENSURER A: Penn America Ins . Co . Delray Beach Aawntown Mktg INSURER a: Cooperative : DDA, CRA, Chamber of INSURER c: Commerce City of Delray k3each 64 S .)a . ~th Avenue INSURER D: Delray Belch E'L 33483 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TI1E 1NSL1ftED NAMED ABOVE P'OR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQU]REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTt3E POLICIES DESCRIBED HEREfN 15 SUBJECT TO ALL THE TERhfS, EXCLUSIONS AND CONDI710N5 OF SUCH nn, ,n,ee nn_n_eer_a-re , iserre eunun~t lanv NE\1F RFFN RFOl1CFD 8Y PAID CLAVMS LTR NSR TYPEOPINSURANCE POLICY NUMBER DATE MMIDpm} DATE {M6ffDD LIMITS GENERALLlABILiTY EACH OCCURRENCE S lOOOOOO A X X COMIvfERCIALGENERALLWBILITY 'lBD 03./23/09 O1/23/l0 PREMISES(Eaocdxence} S 50000 CEAlMS MAgE a OCCUR ! MEO EXP {Any ono person} S 5000 ~ PERSONAL&ADVINIURY 51.000004 GENERAL AGGREGATE 3 2000000 GEN'LAGGREGATE LIMIT APPLIES PER: PROgUCTS -COMPlOPAGG 31.000000 X POLICY PRO- LOC JECT AUT OMOBELELIABILITY COPABINEDSINGLELSMST E ide ! S ANY AUTO } ( n a ett All OWNED AUTOS BODILY INJURY } P 3 SCHEDULEDAUTOS ef peF50f5 ( HIRED AUTOS BODILY INJURY dd l y NON-OWNED AUTDS ~ } (Per ac en ~ ~ ~ PROPERTY DAMAGE id t P 3 ' G } ar acc en ( , GARAGE LIABILITY AUTO ONLY- EA ACCIDENT 3 ANY AUTO I a DTHER TE-IAN EA ACC 5 .• I AUTD ONLY: AGG $ EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE 3 OCCUR ~ CLAIMS d,1ADE AGGREGATE 3 ~ ' S -- DEgUCTEEILE I 5 RETI=NTION 3 _ 3 WORKERS COMPENSATION AND TORY LEMITS ER EMPLOYERS' LIABILITY E.L. EACHACCtDENT 3 ANY PROPRIETOR/PARTNERIEXECUTIVE OFF[CER/MEMBER EXCLUDEq? E.L. DISEASE - E!4 EP.IPLOYE 3 tf yyes, descn~e under E.L. DISEASE -POLICY LIMIT S SPECIAL PROVISIONS below ~ OTHER 1 DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADPEt7 BY ENDORSEMENT! SPECIAL PROVISIONS Special Events - 6 Art & Jazz on the Avenue, one Fashion Show, one Pineapple Grove Bed Race, ane First Might, one Kids Day at the Free, one Tree bighting CERTIFICATE HOLDER ca~rxD-~. City o£ Delray Beach 100 N.W. 1st Avenue Delray Beach FL 33444 _- CANCELLA710N SHOULD ANY OF 7HE ABDVE ^ESCRIBED POLICIES BE CANCELLER BEFORE T}iE EXPIRAT[O DATE THEREOF, THE ISSUING INSURER VdILL ENDEAVOR TO MAIL 3O DAYS VlRITTEPf NOTICE TO THE CERTIFICATE HOLDER NAhIED TO THE LEFT, BUT FAILURE TO DO SO SHALt~ IMPOSE NO Ot3LiGAT10N OR LIABILITY 01= RNY KIND UPON 7HE INSURER, ITS AGEPITS OR REPRESEIJTATIVES. _ ACORD 25 (2001108) RD CORPORATION 1988 ~. t Z f C ~!1'. ~~s W ~, N ~~ Ali ~. ~` L .Q ~ O MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 13, 2009 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 REVIEW 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 August 3, 2009 through August 14, 2009. 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: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meetin of~August 12, 2009 A. Approved with conditions (6 to 0, Andrew Youngross absent), a new master sign program request for CVS Pharmacy, located on the south side of George Bush Boulevard, between NE 5th Avenue and NE 6th Avenue (700 NE 6th Avenue). B. Approved with conditions (6 to 0), a revision to the master sign program for Delray Square Plaza, Phase II, located at the northeast corner of West Atlantic Avenue and Military Trail (14530 South Military Trail). C. Approved with conditions (6 to 0), a Class II site plan modification, landscape plan and architectural elevation plan associated with architectural elevation, hadscape and landscape changes for Palm Manor Apartments, located on the east side of SW 9th Avenue, south of West Atlantic Avenue (31-45 SW 9th Avenue). D. Approved (6 to 0), a twenty-four month extension (expiring September 28, 2011) associated with a Class V site plan, landscape plan and architectural elevation plan for Bermuda Gardens Townhomes, a proposed three (3) unit townhouse development, located at the southwest corner of Bermuda Gardens Road and Ocean Boulevard (924 Bermuda Gardens Road). Historic Preservation Board Meetin of~August 5, 2009 1. Approved with conditions (5 to 0, Tom Stanley arrived late and Roger Cope absent), a request for a Certificate of Appropriateness associated with exterior alterations including replacement of the roof, the addition of decorative shutters and decorative louvered vinyl gable vents on anon-contributing residential property located at 520 NE 3rd Avenue (northwest corner of NE 3rd Avenue and NE 5th Court). 2. Approved with conditions (4 to 0, Joanne Peart left early), a Class I site plan modification and a request for a Certificate of Appropriateness for exterior alterations including the replacement of existing windows and doors; the installation of new windows and aluminum canopies, and decorative lighting; and changing the color of the existing awnings for a contributing commercial building at 44 East Atlantic Avenue (southwest corner of East Atlantic Avenue and SE 1st Avenue). 3. Approved (4 to 0), a request to reconsider a previous condition of approval regarding a sign color for 135 NW 5th Avenue (east side of NW 5th Avenue, between NW 1st Street and Martin Luther King Jr. Boulevard). No other appealable items were considered by the Board. The Board did provide a preliminary, non- binding review of Pineapple Grove Ltd, a proposed mixed-use development containing office, hotel and restaurant uses within the CBD overlay parcels, and asingle-family residence, located on the north side of NE 1st Street, between Pineapple Grove Way and NE 1st Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map N SPRAB NPB A. OVS f'HARMAOY ~. 520 NE 3RD AVENUP E. L)~LRf1Y St~UAR~ PLAZA. PHASE 1! 2. ~4 ~. ATLAIVTlG AV~PJUE C. PALA-91~dANOR AFARTr~~~NTS 3 1:35 NW 5TN AI~ENUE O, B~r~~auDA ~n~G~NS TOwniHO~1~s ~••~~~•,~~~~~ CITY LIMITS ~~~~~_„_ ~ ONE MILE ~ GRAPMlC SCALE GlTY OF DELRAY BEACH, PL PLANNING & ZONING DEPARTMENT AUGUST 2009 -- DlGffAL BASEMAPSYSTEM-- MAP REF: S_\Planning &Zoning\i)eMS\File-Cab\CC-DOC\8-18-D9 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: July 21, 2009 SUBJECT: AGENDA ITEM 8.L.1 -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 BID AWARD/H.A. CONTRACTING CORPORATION ITEM BEFORE COMMISSION This item is before the Commission to approve a Bid Award in the amount of $489,787.00 to H.A. Contracting Corporation for the Old School Square window replacement project. BACKGROUND The Old School Square Cultural Arts Center site was created thanks to the determination of a local group of citizens who saved the 1913 Delray Elementary and 1925 Delray High School buildings from demolition after they were abandoned by the Palm Beach County School District in the mid 1980's. Over $7 million was raised to restore and adapt the facilities for use as a museum and theatre. The center is on the National Register of Historic Places and serves as a gathering place for the community. In 2004 Delray Beach was affected by Hurricanes Frances and Jeanne. As a result the Federal Emergency Management Agency (FEMA) made funding available through the Hazard Mitigation Grant Program (HMGP). The City applied for and received grant funding to replace windows on the following three buildings; Cornell Museum, Crest Theatre and Crest Gymnasium. The apparent low bidder, H.A. Contracting Corporation, will provide alllabor, material and supervision necessary for the replacement of 241 windows per plan and specifications. All new aluminum impact resistant windows will replicate the appearance of the existing windows and the components used for this window replacement project will be done in strict compliance with applicable requirements of the 2007 Florida Building Code including impact standards for winds up to 140 mph. Exhibit "A" Bid Tabulation, a recommendation letter from Currie Sowards Aguila Architects and letter from the manufacturer about the window specifications are attached hereto for your reference . FUNDING SOURCE Funding is available from account 334-4151-572-46.08 General Construction Fund Parks & Recreation Repair & Maintenance Services/OSS Window Replacement. RECOMMENDATION Staff recommends a contract award in the amount of $489,787.00 to H.A. Contracting Corporation for the Old School Square Window replacement project. a m x W 61-t 0 'eel ~ ~~ m~~ a 4 0 0 o a o ~ ~, ~ ~ ~ ~; N ~ ~ E 'f+ d ~ _ ~ F'-' ~ ~ O ,r. ~ C N CV ~ O d Z~ Ca 0:, t~ ~ ~ W µ~I W W Chu -t~~ W Q' ~ '° Q -~ ~ Q ro m r ,,.. ' ° ~ ~ 3 ym ~ 4. d a ~ ~ -p ~ i ax ss N utl v ° ~ ~ o~ ~ c ov u o~ t d ~• ~ ,~ to ~ N ~ o . 4 ~ c ~ ° ' y 4 ' ~ • Q_ a dpi ° ~ d1 Kf a i sr ~u o rs ~ _ ~""' ~ to ~ G ~~ 6 dS c b 2 ~ d aiJ O a otl G c ~ N > ~ T ~+ '7 ~ ~ ~ ~ d M o a a~ ~ M °o ° x c u x ° ° ° ~ ~ ~ s.. = r c- op ,M y ~, c_ m ~ rn ~ t~. E x as E x N t~ o F~ ~ a en Q ~ ` W ® ~~ ~ ~' ~ ~ d m C Vi F~} ~ ~ f/} t N ' {~, N + r 6q T ti X ~ ~~ N o ~ ' ~ o ti o~ o o V c V c x ~ ~ r N ~ C. ~ ~ ~ ,,, r~ W 3•$3 ~ N X 30'x- ~ W '~ 3$+°+ L ill N 303 ~ CI y o w ~ N ` a ~ ~ , Q. () og o v a~ a a ,m og ~ a u os~ o a a + o~ a '~ o a n~°~ a d t ~ m ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ N } ~ ~ S ~ u. D ~ ~ x i ~ a d1 W a Q U N , ~ i ~ U ~ ~ ~ ~ 'd' Q U W u~ ~ ? r'~ W O ~ U (j ~ U ~ Q ~ 4f ® UU 0 ~ ~ ~ ~ G1 F- ~ Z U' U ~ " ~ u l I~LI z W ~~ ' ~ Z "'"' I- O `a O ~ a O u .1 ~ ~ O ~ ~ . y ~ ' ' ~ Y }.. E a ~ m m ~ T V LLl N ~ U U OC August 3, 2009 Mr. Bob Diaz, Construction Manager Delray Beach Environmental Services Department 434 South Swinton Avenue Delray Beach, Florida 33444 Re: Old School Square Window Replacement Project No. 090103 Dear Bob: Following the submittal of bids on June 18, 2009 for the above referenced project, and upon review of the submitted bid information, I met with the window manufacturer for the apparent low bidder Sol-A-Trot Windows, and asked for some additional and more specific point-by-point qualifications of the performance requirements noted by the specifications. They were able to provide the requested information which upon review, and in my opinion, provided sufficient data to confirm their ability to meet the specified requirements. In addition, I was able to confirm that the bidder has completed several window replacement projects with this window manufacturer in the recent past with no apparent problem. Also, upon review of the GC, they have been in business for over 25 years and have demonstrated their ability to perform projects that are similar to this one and even more complex when warranted for many school districts and municipalities. Therefore, based on the data provided and the information available to me at this time, I am recommending that the City award the contract for the OSS window replacement project to H.A. Contracting in the amount of $489,787.00 as they are the lowest responsive and responsible bidder for the project. Sincerely, CURRIE SOWARDS AGUILA ARCHITECTS ~~,. Jose N. Aguila, AIA LEED AP Principal AIA FLORIDA FIRM OF THE YEAR 2000 Architecture • Planning • Interior Design • #AA26001584 134 Northeast First Avenue • Delray Beach, Florida 33444 •561-276-4951 • Fax: 561-243-8184 • www.csa-architects.com 3 .a Feaitur~ S~-A~TROL A ~ ~=~ dnd YKK AP 14m~r~a, lnc, /~+ y'Y QQ~~C~+~~ ~f {/ l 11.1111. ~ ' ^ .1 ~ ~7-7Y~T- Ted: ~ - ~~ .~ 6B1 ~D35 Lune 6, ~OD9 Curie 5awards Aguila ~, 13~ N.E. i" Avenue Delray Such, FL 3344 ~~~ ~: old sal syu~ v 1~ ~. Aun: Mr. 7vse Aquila near Mr..Aguila, This letter is in ~ ~ ~ ~Y ~.'~'.. and haw a~ product sati ' • 113-1.Z- - ~~ an I~iC9tf class, h~l architectaral do #~, bath our fiiu pr+e~re af+90 • D851.13-1:Z S.2 allowable d~ 1613.1.5. Camp Miami-Dade Nil • {L 11' -1 ' ' - Of rp, ~~ based ~ allows i 1185113-i.2-D -' a1W1]11ian'1 i6 ~ tempeiahu+e Ghat and apeci~ud-ran inches. f]urdes~ maventent wither specifu~ions. • 485113-13-D -- ; Pmfeasimlal P.na /~~ ] ' ~ S e bung and fixed wirndows, which we . Tie ll~wingis a lid ofthc spocifed requiremezrts P fo des of mnr -Please see attachment #1. The meet or eacceed all the requirements of -'Ihe maximum design load spawn on the ~~~ ~~ 8.~ P3F., sh~wsi al our NDA',s, a#rachnlent 4. ~ ~ ser-e~ 53 window have an allowable desl ~t . :. , ~ . s~.~ari #3. The n~imum ' ~.a~d`t~ same as those required par FBC ~dth this is s aarldition ft~ issuaY-ce of the - Please ses attaclamenf #4,, page 6 ~~'~1`2. 1$ i1nC vf~lhe tCSt ECpai~ ~ wlxiCh a11C NI?A is ~iCE 1 ~C'.Sp®C1f1eE1 requp~nle~.. --~ rats of thermal lion of . q • per irldi of length per d~r~ee F of ~e ~ length zvgnired at this project a£ l 1~" t'P, ~ expectod thermal moranent is .083 ~' ~ m~lo~can. amocla~e~this amamt~af ~g the p~bleln.~ des~'bed im the pmject :•.~wings will be signed and sealal b~ a . ~~c~~ aFFlarida, ccrtiifying that our ~~~. _ ,~~~ +~: x- ~ - ~i :,~~'~,...~a .w ~~ B~. ~l~ C1~E6~ flaw ,~.: ~~ ~~ ~~ +~f rna wir~wva w~ a~aan~~ r . ~~ v • ~ : l 3- ?.e - . wiadawa vrill ba 1' s~ .. ~~ five ^ D'S~ I3-2.1-A~ - this project will ` ` .. bAais orbdesign. . .- . omits with ~ " _ ~ ~, w* ~ 3 i d ~ a w n O e c~xod #€S, woe frmn ~ ~~aw ~~ ~ i .: .. V ~ w l ~ ` ~ inside. This 4,~ ~~a l ~y~ 4 h{~iii~~' 3• `, } WW ~~~li ~;_' n r window. T~ .~r. ~l~• ~_ ' Vi iA1~. i4YL . supply f~rr tads p attachment #~ Th ~ ~t -~ ' :; ':' ahowa an our r~~ned ~ thin ~, , ~:;~ - ~ __~:~`~:..n~q , ~. :- ~ L Y., .' •• Fe. • - . ~y {• fir;.,,.,-.t II~-~r~ .~j; . ~ '4 yy^~~ , ~Y ~ • ,.,~.:• .: . I S: ~ ~ . ~ N ~e . B . 'ilk; }_•!`~ . • ' ~ ~'i• ~.~. '-:. .':, 3~ ;..;~~(6~ ''~~ y ~ ~'~,w. `~. yT ~. .^tYk ~ ~~~~~~~ ~ r ' ..r ~ _ • ' . ~~. '~+v~ r YID ~ AIF~~ ~. wtu~c ~v ' . =' .... P ~ ~.~ ~ausi~am ~3vr ~o t 2F •~ •'f• ~"Y'• •~ atat we ~ s . ~tbe p~+od~ts ire ~ to may. 'Phase da rw~ . "~ ~s ai~~ ai~tia®al won yon ~ue~. ~• .• r ~~, . ~•_. rah Dc La I . ~-rsE, ~se~:~ : • • i _~ • .ti` • ~ ~Y}~ ~ ~ ~ is r'ty ' ~•~~ •~ ~". ~~yy~~~ ~~Jf••'•k~: ~~~y . •~~ ¢ ~~ • rv . l ' .cif:' .ry; Y~ .. . ~ ~r ~ .: Y , ga•.. f y• _ a'±~d Y~"T~ • -~~•"hilt - '. : - .. ~~ -soy--~r~ ~iv~ +w:wr duly 8, 2009 Y.. yl~. ` ~~ . ~~ ., ~b~~ _ "~ ~. ;:Fi r~~, Currie 5nwar+cls k. i34 Nactheast t" ~~ De11raY Hea~h, Fl X3444 ~. ,. Re: old Sr~ool 5qua~+e mow Attn: Mr. Jose ~a Dear Mr. Agu~ls, ~::, .: ~ ~rrd ~rKl~ AP Arra~iaa. Ina. - ~, ~Ip~ids 890a~4 5y ~Bi X35 _ ~ Please ~-tip follawi a~~s hat:3o1~A-Tml has successfuuy oomplc~d riviith H.A.Co~actin~ CaEtpera. - ~ Naranja ~ Ste, ~ 199 {Architekrucs) North Trau~spart Ce.;e~ed a+n UD3 ~Mxami-Dads Cam] Carrrer Elemeniary~ Snpk~ed 200 Phase 1 (Brawn dl: Brown A~iteets] Carver Elementary ed ~ 2007 Phase 2 {Brrnan ~ Brawn An~it~j ~: ,. Siaaerely, ... - §. MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: July 30, 2009 SUBJECT: AGENDA ITEM 8.L.2 -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 BID AWARD/ORACLE ELEVATOR ITEM BEFORE COMMISSION The item before the City Commission is that of awarding Bid 2009-33, Elevator Service Maintenance Agreement, to Oracle Elevator for servicing of elevators in city owned buildings BACKGROUND Currently, contracts for elevator maintenance are held with several different companies with varying prices and expiration dates. In an attempt to reduce costs by consolidating the contract, Bid 2009 - 033 was advertised to solicit of one elevator maintenance company to service elevators in all city owned buildings. A review committee comprised of Clayton Gilbert, Building Maintenance Superintendent, Jim, Deputy Director of Public Works, and Scott Aronson, Parking Management Specialist was formed to evaluate the bid responses and has unanimously agreed that Oracle Elevator, with a proposed monthly fee of $783 was most competitive. Given their history in maintaining City Hall, Oracle Elevator has proven to be reliable, dependable and therefore is being recommended for selection. Current contracts will run their course to expiration, at which time Oracle Elevator will assume responsibility for the service and general maintenance of elevators in City Hall, Fire Station #1, the Police Department, Tennis Center, Federspiel Garage and both elevators at the Old School Square Garage. The total current composite cost for elevator maintenance, excluding the OSS Garage, is $821.64 per month. Quotes from Schindler Elevator for the Old School Square Garage elevator are approximately $600 per month. On the foregoing basis, the City should realize an annual savings in excess of $7,500. FUNDING SOURCE Funding will be provided from various departmental maintenance accounts. RECOMMENDATION By motion award Bid 2009-033 to Oracle Elevator for the maintenance and service to elevators in City owned buildings as outlined in the Scope of Services. u1 U o Z ¢ N ro zz m ~O ~ w ~ a ~ c O ~ .Q ~W a W ~ ~, w O O O O O O O CY GS ~ U ~ i+D a0 aD Q C? O C? ~ © IfS pf ~~a ~- ~ n 131 o u .1 ' ~ ~ w o J W ~ W (h W ~ 113 LY W d' W EY ffl EA 69 (fl ff3 ER fA sA FR a © o ~ a °o c°a o° °a °o a. o u°3 1°n u°~ r`nv r`nv c`~'v r'v ~ w u°a '~ ~ w ~ ~ ~ ~ ~ ~ ~ ~ a ~ s ~ c~ F» c,A ~ e~ ~ ~ ~s v3 ~ ~ rn rn rn rn rn w o ci o ~ ~ ~ ~ ~ ~ ~ ~ u u ~ r~i a~i ms r w > ~ ~ ~ ~ ~ a ~ ~ fIl 1~ ~} N3 £9 EA 4¢3 ffl ~ ffl O O O O 4 O O tl C ~ a ~ o o N ci N ci O o OQ ci N ci N © © ci ci D n6 N ~ Q ~ ~ c ^^ c ^^ W W 111 O D r r ~ y ~ ~ ~ ~ ?' ~ ~ ~ ~ ~ ~ M ~ e3 c» ~ ~ ~ ~ ~ va ° ° ° ° ~ ° ° ° a o o o o r ~ a o ~ r W~~ ui N ui CV ui N ~s O ni O ni 4 cv Q ^ ~ W cx W ri ~ eti rp ~ ~ ~ ~ ~ d ~ W ~ W ~ lf1 ~ 0 W U LC LC LS: FF? 4H FF3 EA QfT Ef3 EA ~! !A h o ~ ~ ~ ~ z p y ` ~ m a1 'a ~ ~ m a i >, _- .,_ ~ ~ ~ ~ ~ ~ ~ ~ ~ p T b ~ Ol CA ~ ~ ~ T ~k ~ C ~ O ~ c~ ~ ~ ~ C7 a a C C C U_ ~ ~ Ik C ® ~ W ~ Zti ~ ? ~ ~ 7 ~ ~ ~ O ~ •y , ii a ~ ~ a w a ¢ ~ ° ~ ~ w ~ o m °~ ~ Q ~ C ~ fi ~ q N fn Q O Q n tl ~ Q o N ~ 1 4 V 0 ~ { ~ H " 0. H f - R Q Q Q Q ~ y +«° Q ~ W ~ l j W (j W ~ ~ C „7'' {/J 'tea ~? ~ t ~ ~ 'C x ~ ~ ~ N ~ 1Ci ~ 1Q ~~" o ~ © ""' © _ ,,, ~ © '~ ~ 16 ~ ~? 11. N Q Cri Q iA C3 ~r F" N [i. Yf 4. M ..1 N 49 t~ m N 0 C O m .fl m F- ~I 4 C F ® r, ~, ``~ ~' ~.' 111 Z c° ~ a m ~ ~ E ~ ~ ~ ~ ~ ~ ~. ~ ~ ~~ O ` ~ s+l ~ © m a ro ~ i ~ w. C //~~ O M ® 1L V W v .~ W v ~_ a~i J ~ ~ ~ ~ D~ ~~ !~! 8 t~ ^. _M~ W ~1 ~ d "- ~ ~ C ° W ~ I.a- , ° ~ C ~ ~ ~ ~ U ~ T3 .~ ~ f C d ~ 4 "C3 "~ (B c o W z O'' ED ~ C` ~ ~ ~ f ~ ~ ~ ~7f Yf ~ ~ ~ ~ ~ ~ ti ~ ~ ~ ~ ~ ~ ~.. ~ ~ r M a- N ~,!! a W 4. ~ ~ 7 i. ~ m -- m ~_ - ® ~7 O © (~~ ~ !a V 6~ O `~ ~ 4 3t A~ a V' cmi ._ ~° .~ Q w N City of Delray Beach Invitation for Bid Elevator Maintenance Services Contract BID #2009 - ELEVATOR MAINTENANCE SERVICES, TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this Invitation for Bid is to secure firm pricing for a full service contract including inspections, preventative and corrective maintenance, and repair of elevators, wheelchair lifts, platform lifts, and associated equipment located throughout the City of Delray Beach, Florida. 2. GENERAL (SCOPE OF WORK) To provide professional service inclusive of all certified manpower, supplies, equipment, tools, parts, materials, lubricants, labor supervision, licenses, permits, travel and any and all incidental expenses incurred in the performance of this contract necessary to provide full preventative maintenance, adjustments, replacement and repair service for the elevators and lifts specified herein. The successful bidder shall have, at a minimum, two (2) mechanics that possess previous factory training and experience on identical equipment specified herein. Each presently employed or future elevator mechanic shall have a minimum of three (3) years experience in maintaining similar systems. The mechanics shall possess a current certificate of competency issued either by the State of Florida, City or a current Journeyman's mechanic card issued by the International Union of Elevator Constructors or be an Industry Education Program (N.E.I.E.P.) certified mechanic. Each presently employed or future supervisor who will perform work under this contract shall have a Certificate of Competency issued by Florida Department of Business Regulation, Division of Hotels and Restaurants. The successful bidder shall have a minimum of one (1) registered graduate electrical engineer and one (1) registered graduate mechanical engineer, each with at least three (3) years elevator experience, as employees of the company to assist in the solution of electrical and mechanical problems and to advise on matters pertaining to safety. The successful bidder must have at least three (3) years experience with identical group supervisory control or solid state or microprocessor control systems. The successful bidder may be requested to demonstrate the ability to field program the control systems for the units specified herein. The successful bidder shall provide all service mechanics with a pager and/or a cellular telephone while on duty. 3. CiTY'S RESPONSIBILITIES A. The City shall provide access to the elevator equipment. City of Delray Beach, Florida Elevator Maintenance Service RFP Page 2 of 14 B. The City shall keep the elevator pits and motor rooms free from water. The City shall be responsible for removing water from pits, maintaining the drainage facilities for the pits, and for damage there from. C. The City shall not use the elevator machine rooms and equipment spaces for storage. D. The City shall be responsible for re-finishing of cabs and equipment room interiors. E. The City shall be responsible for providing and installing car light bulbs, fluorescent tubes, fluorescent ballasts and starters for general car illumination, and to provide the successful bidder with lamps for elevator machine rooms and pits. F. The City shall be responsible for the main safety switch providing electricity to the equipment and the power feeders running from safety switch to elevator controls. G. The City shall be responsible for maintaining the dial tone circuits supporting the elevator instruments and for the telephone cabling from the telephone intermediate wiring terminals to the elevator telephone control unit(s) located in the hoist control room(s). H. The City shall be responsible for the intercom systems. I. The City shall report any known conditions which may indicate the need for correction before the next regularly scheduled maintenance. J. The City shall retain exclusive ownership of all installed equipment. The successful bidder does not at any time assume possession or control of any part of the equipment. K. The City reserves the right to make inspections and tests when necessary to ascertain that the requirements of this Contract are being fulfilled. Successful bidder shall cooperate in making such inspections. Deficiencies noted shall be promptly corrected at successful bidder's expense. 4. SUCCESSFUL BIDDER'S RESPONSIBILITIES A. Successful bidder shall maintain all equipment in first-class operating condition and comply with current American Standard Safety Code. All elevators, lifts and associated equipment maintenance procedures shall conform to the State of Florida elevator requirements as specified under the Department of Business Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, ANSI/ASME, and any applicable local and National codes. Successful bidder shall abide by all existing laws, codes, rules and regulations in effect on the date of this Contract which are set forth by all appropriate authorities having jurisdiction in the location where the work is to be performed. The successful bidder shall be responsible for any liabilities resulting from improper maintenance or workmanship. B. Successful bidder shall regularly and systematically, in accordance with manufacturer's recommendations, repair, examine, inspect, adjust, lubricate, and repair or replace worn or defective elevator or lift components. City of Delray Beach, Florida Elevator Maintenance Service RFP Page 3 of 14 C. Successful bidder shall contact the designated City representative to schedule work at the beginning of each month and provide the designated City representative with a maintenance schedule for each elevator. D. Successful bidder shall possess all diagnostic equipment, solid state circuitry spare parts, and full re-programming capabilities to service elevators and lifts with microprocessor equipment. E. Successful bidder shall maintain the original efficiency, safety and rated speeds of the units including full running speed, acceleration, deceleration, landing and leveling, and floor-to-floor time including door opening and closing time where power door operation exists, in accordance with manufacturer's recommendations and/or by code requirements. F. Successful bidder shall maintain vibration and noise levels within acceptable industry standards for each piece of equipment. Successful bidder shall test and audit the equipment on an annual basis. G. Successful bidder shall regularly drain and flush hoist machine gear cases and bearing oil reservoirs in accordance with manufacturer's recommendations, or at a minimum once every two (2) years, and refill with the proper type and grade of oil. H. Successful bidder shall keep car tops, pits, hatch and hatch equipment, rails, indicators, hatch door hangers and tracks, switches, buffers and hoist ways clean and free from dirt, rust, oil, lint, debris and stored items and maintain each machine room in clean, neat condition. I. Successful bidder shall replace all bulbs for pit lights and machine room lights as required. Bulbs shall be furnished by the City. J. Successful bidder shall renew all wire ropes as often as is necessary to maintain an adequate factor of safety; to equalize the tension on all hoist way ropes, as required. K. Successful bidder shall repair or replace conductor cables, control cables and hoist way and machine room elevator wiring as required. L. Successful bidder shall periodically dismantle brake plunger assemblies, examine, clean, replace worn parts, lubricate, re-assemble, and adjust for proper operation. M. Successful bidder shall shorten all ropes as necessary to provide continued safe operation and maintain normal traction. N. Successful bidder shall maintain proper tension of car and counterweight guides against the rails. O. Successful bidder shall provide new parts from and/or authorized/recommended by the manufacturer of the equipment for replacement or repair, and to use only those lubricants obtained from and/or authorized/recommended by the manufacturer and/or conform to recommendations of the current ASME Inspector's Manual of the equipment. Equivalent parts or lubricants may be used if approved in writing by the City prior to their use. Successful bidder shall only use materials, equipment, etc., that meet all OSHA requirements in the performance of this contract. City of Delray Beach, Florida Elevator Maintenance Service RFP Page 4 of 14 Successful bidder shall, if materials, equipment, etc., delivered are subsequently found to be deficient in any OSHA requirement in effect on date of delivery, incur any and all cost to bring material, equipment, etc., into compliance. P. Successful bidder shall be responsible for the ADA telephones in each elevator and with the connecting wiring from each individual elevator cab back to the controllers in the elevator machine rooms. Successful bidder shall test, repair and replace any phones, as required. Q. Successful bidder shall provide the designated City representative updated as-built wiring diagrams indicating all changes made during the life of the contract. Successful bidder shall post one copy in each machine room. R. The Successful bidder shall secure the elevator equipment machine and/or electrical rooms to prevent access by unauthorized personnel when it is necessary for these areas to be left open during servicing, inspecting, etc. Successful bidder shall insure unauthorized personnel do not gain access to these rooms. S. Successful bidder shall post out of service signs on all floors when an elevator is out of service. Signs must be removed immediately after placing elevator(s) back in service. T. Successful bidder shall perform all code-mandated safety and buffer tests and assist the code inspectors in witnessing these tests. U. Successful bidder shall program each elevator to automatically return to the first floor with total power loss. KEYS Successful bidder shall provide a Fireman's By-Pass key in each control room for each elevator type. 6. SUCCESSFUL BIDDER'S PERSONNEL A. All work shall be performed by and under the supervision of skilled, experienced elevator service repairmen directly employed, who are permanently assigned to the project for normal preventative maintenance and repair work, are qualified to keep the elevator equipment properly adjusted, maintained and/or repaired, and who shall use all reasonable care to maintain the equipment in proper and safe operating condition. B. All employees shall be satisfactorily dressed in clean uniforms (identifying them as elevator service personnel) with acceptable customer service demeanor and possessing full technical qualifications. C. All employees shall report their arrival and departure from the City building to the designated City representative. D. The City shall advise the successful bidder of any dissatisfaction with the employees performing work under this contract. Successful bidder shall replace any employee not meeting the above criteria after such employee is given reasonable notice. City of Delray Beach, Florida Elevator Maintenance Service RFP Page 5 of 14 7. EQUIPMENT COVERAGE The coverage shall include the entire system described. A. MACHINE, including worms, gears, bearings, brake, linings, coil, contact, coupling, and sheaves. B. PUMP UNIT, including tank, fluid, jack packing, exposed piping, motor, pump, and valve system. C. SELECTOR, including motors, cams, switches, bearings, wiring, cable, tape, and driving mechanism. D. CONTROLLER AND DISPATCHER, including wiring, relays, capacitors, timers, resistors, computers, solid state components, circuit boards, rectifiers, transformers, load weighing, and transducers. E. HOIST MOTOR AND GENERATOR, including windings, fields, stators, rotating elements, brushes, holders, bearings, commutators, and static drive. F. CAR AND COUNTERWEIGHT SAFETY MECHANISM, including governor. G. HOIST WAY EQUIPMENT, including switches, cams and sheaves. H. CAR AND COUNTERWEIGHT GUIDE SHOES, including gibs and rollers. I. CAR AND COUNTERWEIGHT GUIDE RAILS. J. CAR, SHAFTWAY, AND MACHINE ROOM WIRING, including traveling cables. K. DOOR OPERATOR SYSTEM, including motor, clutches, sheaves, belts, bearings, contacts, cams, gears, car door hangers, and door reversal devices. L. CAR AND HALL SIGNAL DEVICES, including lamps and displays. M. CAR AND HALL OPERATING DEVICES, including buttons, lamps, and switches, ventilating fan, safety devices. N. DOOR HARDWARE, including track and hangers, interlocks, gibs, and closers. O. ALL ACCESSORY EQUIPMENT, except such items as are hereinafter excluded. 8. TECHNICAL REQUIREMENTS Successful bidder shall perform Routine and Periodic Testing and Inspection of the Equipment as specified in the latest edition of ANSI/ASME A17.1, Part X, State of Florida and local ordinances and specifications stated herein. Successful bidder shall notify the designated City representative 24 hours prior to the inspection and test to allow the designated City representative to attend. A. Six 16) Month Testing and Inspection: Successful bidder shall, at intervals of not longer than six (6) months from the City of Delray Beach, Florida Elevator Maintenance Service RFP Page 6 of 14 initiation date of this contract, perform the Routine Testing and Inspection as outlined in ASME/ANSI A17.1, Part X, Section 1004. An inspection and test of all elevators /lifts shall be conducted to measure and record the performance. Public Works shall provide the forms to be used. The inspection report shall be signed by the successful bidder's maintenance supervisor. B. One 11) Year Testing and Inspection: Successful bidder shall, at intervals of not longer than one (1) year from the initiation date of this contract, perform the One (1) Year Testing and Inspection as outlined in ASME/ANSI A17.1, Part X, Section 1005.2. Testing shall include the elevator portion of emergency power operation and firefighter service Phase I and II as required by ANSI A17.1 1988. A written report reflecting results of the test shall be submitted to the designated City representative following the test for City records. Emergency power and firefighter service test shall be conducted at a mutually agreed upon time, which may be after hours, at no additional cost to the City. The inspection report shall be signed by the successful bidder's maintenance supervisor. C. Three 13) Year Testing and Inspection: Successful bidder shall, at intervals of not longer than three (3) years from the date of the last 3 year test, perform the Three (3) Year Testing and Inspection as outlined in ASME/ANSI A17.1, Part X, Section 1005.3. Testing shall include the elevator portion of emergency power operation and firefighter service Phase I and II as required by ANSI A17.1 1988. A written report reflecting results of the test shall be submitted to the designated City representative following the test for City records. Emergency power and firefighter service test shall be conducted at a mutually agreed upon time, which may be after normal hours, at no additional cost to the City. The inspection report shall be signed by the successful bidder's maintenance supervisor. D. Five 15) Year Testing and Inspection: Successful bidder shall, at intervals of not longer than five (5) years from the date of the last five (5) year Test and Inspection, as determined by the date stamped or marked on the metal tag attached to the Equipment, perform the Testing and Inspection as outlined in ASME/ANSI A17.1, Part X, Section 1005.4. Testing shall include the elevator portion of emergency power operation and firefighter service Phase I and II as required by ANSI A17.1 1988. A written report reflecting results of the test shall be submitted to the designated City representative following the test for City records. Emergency power and firefighter service test shall be conducted at a mutually agreed upon time, which may be after normal hours, at no additional cost to the City. Testing shall be done outside of normal hours at no additional charge to the City. E. Annual Certificate of Operation Inspection: Successful bidder's service mechanic shall accompany the State Certified Elevator Inspector, selected/approved by the City, on the annual Certificate of Operation Inspection, and perform such operations as necessary for the inspector to complete his inspection. A written report of the results of the above tests shall be submitted to the designated City representative. F. Successful bidder shall make all repairs required to meet the above listed testing requirements. City of Delray Beach, Florida Elevator Maintenance Service RFP Page 7 of 14 HYDRAULIC ELEVATORS - MONTHLY SERVICE, INSPECTION, MAINTENANCE AND REPAIR A. Successful bidder shall observe the elevator throughout the entire range of service for safe and efficient operation. At each floor, test all controls, safety devices, leveling, and determine if creeping of elevator is present. Correct any and all deficiencies found. B. Successful bidder shall examine, lubricate, adjust, and, as required, repair or replace the following accessory equipment for proper operation: car and corridor door hangers, tracks, stations door operating devices, door gibs, car fan, guide shoe gibs or rollers and brakes and all indicators in the cab and at each floor. Correct any and all deficiencies found. C. Successful bidder shall check for proper operation of fireman's service equipment, alarm bells, emergency stop switches, emergency car lights and batteries, and all switches on the car panel. Correct any and all deficiencies found. D. Successful bidder shall clean, inspect and lubricate equipment and mechanisms in the hoist way, pit, buffers, top and bottom of the cab, and the car exhaust blowers or fans, as required. If required, align elevator guide rails. Correct any and all deficiencies found. Pit shall be clean and free of oil and debris. E. Successful bidder shall observe and correct any and all deficiencies relating to the pump and motor, exposed oil lines, oil and valves, controls, plunger, packing, controller components and parts thereof, etc. F. Successful bidder shall inspect all electrical wiring, traveling cables, etc. from all elevator equipment to the main electrical disconnect switches. Correct any and all deficiencies found. G. Successful bidder shall test and correct any and all deficiencies to the manual and emergency controls. H. Successful bidder shall perform the annual pressure relief and leakage tests on the hydraulic elevators per local and State codes. Correct any and all deficiencies found during these tests and provide documentation of the results of these tests to the designated City representative. Successful bidder shall perform any additional work required in accordance with the manufacturer's recommendations for normal preventative maintenance to the elevators. 10. TRACTION ELEVATORS -MONTHLY INSPECTION, SERVICE MAINTENANCE AND REPAIR A. Successful bidder shall observe elevator throughout the entire range of service for safe and efficient operation. At each floor, test all controls, safety devices and leveling. Clean adjust and lubricate leveling switches, and leveling operation, hoist way vanes, any magnets and inductors, etc. Correct any and all deficiencies found. B. Successful bidder shall, on the selector and controller, clean, adjust, lubricate, repair or replace as required the brushes, dashpots, traveling City of Delray Beach, Florida Elevator Maintenance Service RFP Page 8 of 14 cables, chains, pawl magnets, wiring, contacts, relays, tape drives, tape switches, microprocessor components (if used), etc. Correct any and all deficiencies found. C. Successful bidder shall check for proper operation of opening and closing of doors including the door hangers, tracks, brakes, pivot points, linkages, etc. Clean, adjust and lubricate as required. Correct any and all deficiencies found. D. Successful bidder shall check for proper operation of all indicators both in the cab and at each floor location. Correct any and all deficiencies found. E. Successful bidder shall check for proper operation of fireman's service equipment, alarm bells, emergency stop switches, emergency car lights and batteries, and all switches on the car panel. Correct any and all deficiencies found. F. Successful bidder shall inspect brake and brake drum, drive sheave, worm and gear backlash, thrust end play and any bearing wear on all motors and/or motor generator sets. In accordance with manufacturer's recommendations, clean all commutators and armatures and reseat or replace brushes as necessary. Inspect armature and rotor clearances. Clean, adjust, lubricate all components and change oil in bearings as necessary. Correct any and all deficiencies found. G. Successful bidder shall correct any and all deficiencies relating to the inspection of the compensating chain hitches, drum buffers, ropes and rope clamps, slack cable switch, couplings, key ways, indicator dials, and dispatching time settings. H. Successful bidder shall clean, inspect, and lubricate equipment and mechanisms in the hoist way, pit, buffers, top and bottom of the cab and the car exhaust blowers or fans, as required. If required, alignment of elevator guide rails shall be included. Successful bidder shall inspect all electrical wiring, traveling cables, etc. from all elevator equipment to the main electrical disconnect switches. Correct any and all deficiencies found. J. Successful bidder shall test and correct any and all deficiencies to the manual and emergency controls. K. Successful bidder shall perform any additional work required in accordance with the manufacturer's recommendations for normal preventative maintenance to the elevators and lifts. 11. WHEELCHAIR LIFTS AND PLATFORM LIFTS - MONTHLY INSPECTION, SERVICE MAINTENANCE AND REPAIR A. Successful bidder shall observe wheelchair lifts and platform lifts throughout the entire range of service for safe and efficient operation. At each floor, test all controls, safety devices and leveling. Clean adjust and lubricate leveling switches, and leveling operation, hoist way vanes, any magnets and inductors, etc. Correct any and all deficiencies found. City of Delray Beach, Florida Elevator Maintenance Service RFP Page 9 of 14 B. Successful bidder shall check for proper operation of opening and closing of doors including the door hangers, tracks, brakes, pivot points, linkages, etc. Clean, adjust and lubricate as required. Correct any and all deficiencies found. C. Successful bidder shall clean, inspect, and lubricate all equipment and mechanisms in accordance with the manufacturer's recommendations. D. Successful bidder shall remove any trash or debris from underneath the platform. E. Successful bidder shall inspect all electrical wiring, traveling cables, etc. from all wheelchair equipment to the main electrical disconnect switches. Correct any and all deficiencies found. F. Successful bidder shall perform any additional work required in accordance with the manufacturer's recommendations for normal preventative maintenance to the lifts. 12. PERFORMANCE REQUIREMENTS Successful bidder shall maintain the minimum performance requirements of the elevators and lifts as specified by the manufacturer or as designated below: A. Floor to floor times are measured from the time the doors start to close including a typical one-floor travel until the elevator is approximately level with the next successive floor, either up or down, and the doors 3/4 open (per manufacturer's schedule, or the minimum permitted by code). B. Door opening times are measured from start of car door open until doors are in fully open position (per manufacturer's schedule, or the minimum permitted by code). C. Door closing times are measured from start of door close until hoist way doors are fully closed (per manufacturer's schedule, or the minimum permitted by code). D. Stopping accuracy shall be measured under all loading conditions. Floor accuracy shall bed 1/4 inch. E. Variance from rated speed, regardless of load, shall not exceed d 5% for traction and d 10% for hydraulic elevators. In accomplishing the above performance requirements, successful bidder shall maintain a comfortable elevator ride with smooth acceleration, retardation and soft stop. Door operation shall be quiet and positive with smooth checking at the extremes of travel. 13. INSPECTION LOGS /REPORTS A. SERVICE RECEIPTS: The successful bidder shall submit monthly (with their invoice) to the designated City representative, acopy of the mechanic's service receipt indicating the date, time and nature of service performed. City of Delray Beach, Florida Elevator Maintenance Service RFP Page 10 of 14 B. MAINTENANCE LOG: Successful bidder shall install a maintenance log in the machine room, which shall contain a detailed schedule of full preventative maintenance with indications of frequency of task. The log shall be posted in each machine room and mounted on each controller. C. PREVENTATIVE MAINTENANCE LOG: Preventative maintenance logs shall be maintained and kept current by the successful bidder and may be inspected by the City. Logs shall indicate the date the maintenance was performed. D. TROUBLE LOG: A trouble log shall be maintained by the successful bidder in each elevator machine room on which the date of all repairs, minor adjustments and callbacks, the reported trouble, the problem found, the corrective action taken, and the amount of time required to correct the problem shall be recorded. E. SURVEY REPORTS: The successful bidder shall perform a complete survey of the equipment semi-annually to insure compliance with the contract and determine the condition of the equipment. The inspection report must be signed by the successful bidder's maintenance supervisor. Public Works will provide successful bidder with a copy of the Equipment Data, Condition and Performance Form. F. QUARTERLY OPERATIONAL TRAFFIC ANALYSIS: Successful bidder shall provide a traffic analysis of elevator operations for the following factors on a quarterly basis or as required by the designated City representative: Average Wait times, Average Travel times, Time for call to be answered, Percent of calls answered in 30 seconds and 60 seconds. 14. AVAILABILITY OF PARTS AND LUBRICANTS A. All spare parts, including those listed in the original manufacturer's renewal parts book and lubricants necessary to keep the elevators or lifts and their associated equipment in proper safe operating condition must be stocked locally and/or available within eight 18) working hours or twenty-four (24) total hours, whichever is less. B. Critical parts that will result in all elevators in a building to be out of service must be stocked or shall be available on-site within eight 18) hours after the successful bidder is notified of the failure. 15. HOURS OF SERVICE (FEDERSPIEL AND OLD SCHOOL SQUARE GARAGES) Successful bidder shall service the Federspiel and Old School Square Garages twenty-four hours per day, seven days per week (24/7). The remaining facilities shall be serviced pursuant to the attached elevator inventory in accordance with the scheduled of hours listed on the attached elevator inventory 16. HOURS OF SERVICE A. Regular hours shall be defined as 7:00 a.m. to 5:00 p.m., Monday through Friday. B. Overtime hours: Overtime shall be paid at 1.5 times the normal hourly labor rate. City of Delray Beach, Florida Elevator Maintenance Service RFP Page 11 of 14 Overtime fees may be charged for Service calls placed within one (1) hour of the scheduled service hours and responded to within two (2) hours of the call for service. Overtime fees may not be charged under the following scenarios: ^ For the completion of service calls commenced on regular hours. ^ Preventative maintenance completed outside of regular hours at the option of the successful bidder. ^ No work may be left in mid-repair unless the elevator can operate in a safe manner. C. Hourly labor rate for repairs shall be based on actual time worked (commencing upon arrival at site and terminating upon departure). Materials shall be supplied to City at the bidder's cost. D. Successful bidder shall respond to emergency service calls within one (1) hour after being notified. Emergency service includes response to those situations that are considered to constitute health, welfare or safety hazards or that may contribute to further equipment damage if service is not handled immediately. Loss of all elevators serving a specific area of a building and passenger entrapments are considered emergencies. There will be no additional premium paid by the City for emergency service calls. E. All preventative maintenance, which requires removal of elevators or lifts from service, shall be scheduled during off-peak hours of building operation. No elevator or lift shall be taken out of service during the normal business day without prior written notification to the designated City representative except under emergency conditions. Successful bidder shall not remove from service more than one (1) elevator at a time in any bank of elevators except under emergency conditions. 17. CALL BACKS A. Call backs shall be provided to correct a malfunction or provide an adjustment of the equipment which requires immediate attention. Call backs shall be limited to two 12) hours excluding travel time. Call backs shall be provided pursuant to the attached schedule on the elevator inventory. Successful bidder shall make its best efforts to respond to call backs within two 12) hours of notification. B. Successful bidder shall make its best effort to keep the number of maintenance call backs and emergency calls, including passenger entrapments, to less than eight 18) per unit per quarter. C. Successful bidder shall provide a service ticket on each and call back service to the designated City representative. A copy of the ticket will be left in the log book in the elevator machine room with a copy forwarded to the designated City representative. The ticket must be signed by the elevator mechanic(s) performing the service with his/her name legibly printed including arrival and departure time with a brief description of service performed. 18. EXCLUSIONS Successful bidder is not responsible for the following services or equipment: City of Delray Beach, Florida Elevator Maintenance Service RFP Page 12 of 14 A. Repair or replacement of building items, such as hoist way or machine room walls and floors, car enclosures, including removable panel, door panels, car or hoist way gates or doors, plenum chambers, ceiling, car light fixtures, elevator car handrails, mirrors, carpets, frames and sills, except as these may be damaged or destroyed by actions of the successful bidder's personnel. B. Elevator and lift mainline and auxiliary disconnect switches, fuses and feeders to control panels, hydraulic elevator jack outer casing and underground piping. C. Smoke and fire sensors and related control equipment which is remote from the elevator control. D. Emergency power source and associated equipment. 19. PAYMENT A. Invoices (including invoices for extra work outside the fixed price) will be paid in accordance with the Florida Prompt Payment Act in place at the time of ratification of the agreement and as may be amended from time to time. B. For extra work outside the fixed price, successful bidder shall provide a written invoice directly to the designated City representative subsequent completion of work. C. To ensure the City receives the quality service and response necessary to insure safety of the passengers of this equipment, the contract administrator may impose deductions as liquidated damages from the monthly contract amount due, up to and including the full monthly contract price of the affected elevator or lift for failure to perform in accordance with the Contract. The deduction will be based upon the following schedule and percentages will be calculated on the monthly cost per unit. Shut Down due to Lack of Parts 10% Per Unit/Per Occurrence Exceeding Callback/Emergency Limits 10% Per Unit per Callback or Emergency in excess of 8 per quarter D. If the successful bidder fails to perform the work required by the terms of this Contract in a diligent and satisfactory manner, the City may perform or cause to be performed by another provider any and all part of the work required by the contract. Successful bidder shall reimburse the City for any additional costs incurred by the substitution, or at the City's election, may deduct the amount from any sum owed the successful bidder. This may include correcting failures to meet performance requirements. Notwithstanding any liquidated damages deductions, the City retains the right to terminate this contract for unsatisfactory performance of the terms and conditions set forth herein. 20. MISCELLANEOUS Successful bidder shall participate in accident/incident investigations. Participation shall include: dispatch of qualified personnel, to arrive within one (1) hour after notification of accident and/or incident; to inspect elevator City of Delray Beach, Florida Elevator Maintenance Service RFP Page 13 of 14 condition as well as elevator operational components in order to determine if any mechanical, structural or electrical conditions contributed to the accident and/or incident. The result of this investigation shall be given to the designated City representative within forty-eight (48) hours after investigation is completed. 21. TRAINING Successful bidder shall provide eight (8) hours of training annually to designated City employees. Training shall include: The proper removal of persons trapped in elevators; proper inspection of elevators, cleaning of door tracks, operational procedures, etc. ELEVATOR INVENTORY Model / Serial State Location Address Landings / Manufacturer Number Certificate Service Hours Ca acit Number Federspiel 22 SE 1st TAC20 / 9 Thyssen 24 Hours / Parking Ave. landings Krupp 91430 Temp 7 Days Gara e Oss Parking g5 NE 1st 5 landings / 24 Hours / Garage West Ave. 3500 lbs. Schindler 93332 C-17252 7 Days #1 Oss Parking g5 NE 1st 5 landings / 24 Hours / Garage East Ave. 3500 lbs. Schindler 93333 C-17244 7 Days #2 City Hall 100 NW 1st 2 landings / Mowrey 33376 58150 Mon -Fri Ave. 2100 lbs. 8 AM - 5 PM Tennis Center 201 W. 2 landings / Miami 46764 B-69330 Mon -Fri Atlantic Ave. 2100 lbs. Elevator 8 AM - 5 PM Fire Station #1 501 W. 2 landings / East Coast 46924 B-72467 Mon -Fri Atlantic Ave. 2500 lbs. 8 AM - 5 PM Police Dept. 300 W. 2 landings / General 39221 B-72440 Mon -Fri Atlantic Ave. 3500 lbs. Oiltronic 8 AM - 5 PM Library 100 W. 2 landings / Thyssen 87597 B-62776 Mon -Sun Atlantic Ave. 2500 lbs. Krupp 8 AM - 5 PM Spady 170 NW 5th 2 landings Thyssen 58888 C-11815 Mon -Sun Museum Ave. Krupp 8 AM - 5 PM Sandoway 142 S. Ocean 3 landings / Dover/ Mon -Sun House Blvd 750 lbs Miami 54273 C-63961 g AM - 5 PM . . Elevator City of Delray Beach, Florida Elevator Maintenance Service RFP Page 14 of 14 PRICING SHEET State Location Address Certificate Service Hours QUOTE Number Federspiel 22 SE 1st Ave. Temp 24 Hours / Parking Garage 7 Days Oss Parking g5 NE 1st Ave C-17252 24 Hours / Garage West (#1) . 7 Days Oss Parking g5 NE 1st Ave C-17244 24 Hours / Garage East (#2) . 7 Days City Hall 100 NW 1st Ave. 58150 Mon -Fri 8AM-5PM Tennis Center 201 W Atlantic Ave B-69330 Mon -Fri . . 8AM-5PM Fire Station #1 501 W Atlantic Ave B-72467 Mon -Fri . . 8AM-5PM Police Dept. 300 W. Atlantic Ave. B-72440 Mon -Fri 8AM-5PM Library 100 W. Atlantic Ave. B-62776 Mon -Sun Removed Addend 1 8AM-5PM Spady Museum 170 NW 5th Ave. C-11815 Mon -Sun Removed Addend 1 8AM-5PM Sandoway House 142 S. Ocean Blvd. C-63961 Mon -Sun Removed Addend 1 8AM-5PM HOURLY PRICING: For work performed outside the aforementioned scope of services which may require hourly charges: $ .00 per hour Please note the use of these forms for pricing is mandatory. Failure to use these forms may lead to disqualification of bid submittal. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 20~, by and between the CITY OF DEL.RAY BEACH {hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR In consideration of the mutual covenants hereinafter set forth, agree as follows: ~ . 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 foiiowing documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Invitation to Bid Standard I"orrn of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sarnpie insurance Form Specifications Elevator Inventory Pricing Page Drug Free Work Piace Certification Bld Signature Farm References Statement of No Bid PAGE NUMBERS 'f - 4 5-9 10 '[ 1 12 13- ~~ 95-25 26 27 28 29 30 3~ nid No. 2aas-33 s Addenda numbers ~ta ,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. ~. This agreement shall be governed 17y the laws of the State of f=larida 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, F~ 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: 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 ar #o become due without the prior written consent of the CITY. $. The CITY and the CONTRACTOR each hinds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents, 9. [n consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and Bid I~TO.2409-33 b employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person ar 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 laroject. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials ar liabilities, damages, losses or costs caused lay ar 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 1"ederal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants ar 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 an account of any claims, fees, royalties, ar 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 paten#s or patent rights claimed by any person, firm, ar corporation. The indemnification provided above shall obligate the CONTt~ACTOR to defend at his own expense or to provide for such defense, at the CITY'S aptfon, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor ar by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and casts at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideratbn of ten dollars and other goad and valuable consideration as specific consideration far the Indemnification s~~ ~o. aoo9-as ~ provided herein. furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration far the indemnification provision. 10. This Agreement shaft be considered Wulf 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. i33d No. 3Q09-33 8 iN WITNESS WHEREOfi, the parties hereto have executed this Agreemen#, the day and year first above written. ATTEST; CITY OI= I7ELRAY BEACH, FLORIDA gY~ City Clerk Woodie Mcaufffe, Mayor Approved as to form: City Attorney WITNESS; CONTI7ACTOF:: f~Y: (Print or type name and title) {Print or type name and title) {SEAT,} ~3fd Mo. 2049-33 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: August 7, 2009 SUBJECT: AGENDA ITEM 8.L.3 -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 PURCHASE AWARD/DIONEX CORPORATION ITEM BEFORE COMMISSION Request to approve a purchase order to Dionex Corporation in the amount of $36,311.02 as a sole source purchase for an Ion Chromatograph (IC) Analytical Instrument for the Environmental Service's Compliance Laboratory located at the Water Treatment Plant. This replacement unit purchase will provide continued capabilities to perform regulatory compliance monitoring of chloride, fluoride, orthophosphates, nitrates and nitrites. BACKGROUND The Environmental Services Department (ESD) was granted funding for the replacement of its existing Ion Chromatograph (IC)unit with current year's budget allocation at $55,000. The Compliance Division in (ESD) performs state required analytical testing for monitoring water quality at the city water treatment plant and the water distribution network to insure delivery of a safe drinking water product to our customers. The Ion Chromatograph (IC)unit is one of the units used to conduct this testing. The new proposed replacement unit will include updated features for chemical suppression and membrane technology with automatic regeneration which is patented by Dow Chemical Company, with the sale and manufacture of the equipment exclusively licensed to Dionex. Replacing the existing unit with another Dionex unit provides continuity for data integration and maintenance service. The existing Ion Chromatograph (IC)unit is over 10 years old and parts and service will no longer be available. In addition, Dionex is also providing a 10% trade in discount on our existing unit. Staff recommends the purchase of an Ion Chromatograph (IC)unit for the Environmental Service's Compliance Laboratory to Dionex Corporation as a sole source purchase in the amount of $36,311.02. FUNDING SOURCE Funding is available from account #442-5178-536-64.90,Water and Sewer Renewal & Replacement Fund/ Other Machinery and Equipment. RECOMMENDATION Staff recommends a sole source purchase award to Dionex Corporation in the amount of $36,311.02 for the purchase of Ion Chromatograph (IC) Analytical Instrument. ©3-24-'89 11;0 FBOM-The UPS 5tere #4513 813907724 T-416 P~~1~©~1 P-638 11 ~ ~ 1'f 1,, This is to infar~n you that the Dionex ion Cbramatograph.wlth the benefit of chemical suppression and Yn.embrane technology with automatic regcneratton is a sole source ater~z, Chemical suppression end naera~brax~e technology was patented by Dow Chemical Compa~.y (U.S. patents 4,4'74,564, 4,993,098; 5,248,46; anti 5,35,360. Dow has licensed. Dionex Corporation under the patents as sole source licensee for the m~.ufacturing and selli~xg of lon Chroa;natagraphy equipment, columns and suppressers cnripX4y~ng these rriethods. Sez'~'icing a~' Dionex Equipr~nent can on]y be adequately handled by a Dionex customer service representative. Dionex Corporation also i~zelr~des e~chat~-ge ~modttl.es, customer raining, electronic/softwaare upgrade through our service a~'ecments. No other ~re~dar can provide these services without rrialati~ng the patents mentioned above. 7f yc~u have any questions, or need further clarification, please call nee at 770-~~~-8100. Thank you, ~~i~~ Karl Kastner senior ~xeeutive Sales Representative Dionex Cor~aoration ,'~~.~~~ ~anagelEne;ta~ A,ppirt~v~ To Juan Manzano City of C}elray Beach 569-573-6674 manzano@ci.delray-beach.ft.us Quote Date 31-JUL-2009 Address 200 Southwest 6th Stree# Quotation Number 143706 DELRAY BEACH FL 33444 Quotation Name 1502_City of [7elray United States Beach ICS-21000 Manzano WE ARE PLEASED TO SUBMIT TFfE FOLLOWING QUOTATION SUBJECT TO CONDITIONS SHDWN: Item Qty Product Unit Price Discount Total Price 1 1 06957fi 25,600.00 -2,560.00 23,040.00 ICS-2100 (Pump, Degasser, Eluent Generator, Injection Valve, Column Heater, Conductivity Detector, Touchscreen Display), shipkit 2 1 068907 6,300.00 -630.00 5,670.00 AS-i7V Automated Sampler 3 1 059720 600.00 -60.00 54D.00 Laser Printer, HP1700 xi with Printer Interface Cable 4 1 061378 1,500.00 -150.00 1,35D.00 PROD,SMI,CM,SVR,GRADE EG 5 1 05890D 1,050.00 -105.00 945.00 EluGen II KOH Cartridge 6 1 D60477 950A0 -95.DD 855.D0 CR-ATC Continuously Regenerated Anion Trap Column 7 1 060054 215.00 -21.50 193.50 ICS-9011000/1500/2000 Optional Air Regulator 8 1 060549 850.OD -85.00 765.fl0 IonPac AS18 4 mm Analytical Column (4 x 250 mm) 9 1 060551 275.00 -27.50 247.50 lonPac AG18 4 mm Guard Column (4 x 50 mm) 10 1 064554 950.00 -95.00 855.00 Anion Seif-Regenerating Suppressor ASKS 300 4 mm 11 1 061308 2,500.00. -2,500.00 0.00 ICS-2000 I nstallation 12 1 038677 2,500.00 -2,500.D0 0.00 Application Installation 13 2 960708 0.01 0.00 0.02 Power Cord US 14 1 031762 650.00 0.00 650.00 Chromeleon Level 2: Next s in Chromeleon 15 1 065230 1,2D0.00 0.00 1,200.00 ICS-10001150012000 Basic Operation and Troubleshooting Quotation Total 36,311.02 Quote Expires 29-SEP-2009 RespectFully Dionex Corporation Submitted: Mr. Karl J. Kastner Estimated Delivery Within 90 Days ARO 3000 Lakeside brive Suite 116N Freight Prepaid and Added Bannockburn, IL 60015 Rep Phane :813-220-8846 FOB Point Sunnyvale, California Main Phone :847-295-7500 Main Fax :408-481-2603 Terms 30 NET E-Mail id : karLkastner@dionex.com prdering: Order should be made out to Dionex Corporation and sent to the North American sales office in Bannockbum, Illinois. The above prices and Perms are valid for final destination within the Continental U.S., Alaska; Hawaii and Washington, D.C. 1 ~~ ~~~T c®~~ - s~b~ecir ~® i~ana~e~nen~ A~p~-aval To Juan Manzano City of Defray Beach 561-573-fi674 manzano@ci.delray-beach.fl.us Quote Date 31-JUL-2009 Address 200 Southwest 6th Street Quotation Number 143706 DELRAY BEAGW FL 33444 Quotation Name 1502_City of Defray United States Beach fGS-21000 Manzano - WE ARE PLEASED TO SUBMIT THE FOLLpW1NG QUOTATION SUBJECT TO CONDITIONS SHOWN: Notes Quote Expires 29-SEP-2009 Respectfully Dlanex Corporation Submitted: Mr. Karl J. Kastner Estimated Delivery Within 90 Days ARO 3000 Lakeside Drive Suite 116N Freight Prepaid and Added Bannockburn, IL 60015 Rep Phone :893-220-8846 FOB Point Sunnyvale California Main Phone :847-295-7500 , Main Fax :408-481-2603 Terms 30 NET E-Mai] id : karl.kastner@dionex.com Ordering: Order should be made out to Dionex Corporation and sent to the North American sales office in Bannockburn, Illinois. The above prices and terms are valid for final destination within the Continental U.S., Alaska, Wawaii and Washington, D.C. RETURN POLICY AND LIMITED WARRANTY STATEMENT Limited Warranty. Subject to the terms and conditions of this warranty statement, and for the applicable limited period of time specified below (ihe "Warranty Period"), Dionex Corporation (DIONEX) warrants that (a) its products will be free of material defects in materials and workmanship; and (b) with respect to products that consist of software and instrumentation designed by D10NEX, such software and instrumentation will operate in substantial confomTi€y with its published documentation when properly installed and used in accordance with its documentation. PRODUCT WARRANTY PERIOD All DIONEX ASE, HPLC, IC, MSQ, Integral, instrumentslmodules and One Year associated accessories (excluding columns, LCS-900, ICS-1000, ICS-1100, ICS-1500, ICS-1600, ASE 150) ICS-900, ICS-1000, tC5-1100, ICS-1500, ICS-1600, ASE 150, with One Year purchased installation ICS-900, ICS-1000, ICS-110D, ICS-1500, ICS-1600, ASE 150 without 90 Days purchased installation Chromatography columns and consumables 90 bays {exclusive of breakage during shipment) Any products repaired or replaced by DIONEX 90 Days (limited to only the item repaired or replaced} Instruments previously used for demonstrations 90 Days Instrument spare parts 90 Days Software applications 90 Days and limited solely to replacement of the defective item New analytical instruments and accessories (excluding software, columns and consumables} that are installed by DEONEX are warranted from the earlier of {a} the installation date; or (b}the sixty-first (61st) day after the date of shipment. All other products are warranted from the shipment date. Warranty Remedies. Any product that fails to conform to the foregoing warranty during its stated Warranty Period will be repaired or replaced at the sole discretion of DIONEX at its facilities in Sunnyvale, California, or at another location specified by DIONEX, provided That Buyer: (1 } Provides written notice of the defect to DIONEX promptly after BUYER discovers or should have discovered the defect, AND {2) Returns the defective article, properly packed with all freight charges prepaid, to the DIONEX factory in Sunnyvale, California (or to an alternative location designated by DIONEX}, in accordance with DIONEX's return process described below. Buyer's so€e and exclusive remedy, and DIONEX's sole liability, far any nonconformity to this limited warranty is repair or replacement of defective articles or parts, or, if DEONEX determines that it is commercially infeasible to repair or replace such defective items, to issue a refund equal to the net price paid for such defective articles or parts. For the avoidance of doubt, minor deviations from specification, which da not affect performance of the articles, shall not constitute material defects in breach of the foregoing warranty. Installation and on-site warranty services may be available, but only in the DIONEX service travel area (as defined below), and only in the country of initial purchase unless BUYER pays DIONEX intemationaf prices for ihe product and services. For installation and on-site warranty services outside of the DIONEX service travel area, DIONEX will provide a quotation for the applicable additional services. If products eligible for installation and on-site warranty services are moved from the initial installation point, the warranty will remain in effect only if the BUYER purchased additional inspection or installation services at the new site. The travel service area in North America shall include the United States and Canada. For the travel service area outside of North America please contact the local DfONEX subsidiary or your local distributor. This warranty is limited to the original BUYER and is not transferable. Exclusions. The foregoing warranty shalt not apply to defects resulting from: (1} Improper or inadequate maintenance, adjustment, calibration or operation by BUYER. 42) BUYER-supplied software, hardware, interfacing, or consumables. (3) Modification, servicing, or repair of the articles by any party other than DIONEX. (4} Misuse or failure to install or operate the products except in the manner expressly described in the applicable documentation. (5} Operation outside of the environmental and electrical specifications for the product. (6) Improper site preparation and maintenance; or BUYER-induced contamination or leaks. This warranty shall not apply to complete assemblies purchased from other manufacturers and incorporated into DIONEX products. In case of failure of such assemblies, DfONEX will honor the specific warranty terms of the original manufacturers involved. DISCLAMMI=RS. THE EXPRESS WARRANTIES IN THIS LIiNITED WARRANTY STATEMENT ARE IN LIEI} OF ALL OTHER WARRANTIES, WHETHER EXPRESS, fMPLIED, OR STATUTORY, REGARDING THE PRODUCTS PURCHASED FROM DiONEX. DIONEX EXPRESSLY DISCLAIMS ALL SUCW OTHER WARRANTIES, INGLUDIiVG ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, DIONEX DOES NOT WARRANT THAT THE OPERATION OF ANY SOFTWARE OR INSTRUMENTATION COMPRISING THE PRODUCTS W]LL 8E UNINTERRUPTED OR ERROR-FREE. Statements made by any person, including by representatives of DIONEX, which are inconsistent or in conflict with the terms of this warranty shall not be binding upon DIONEX unless reduced to writing and signed by an officer of DIONEX. Limitation of Liability. In no event shall DIONEX be liable for indirect, incidental, EXEMPLARY, SPECIAL, or consoquential damages, OR FOR LOSS OF PROFITS OR LOSS OF USE, ARISING FROM OR RELATING TO ANY OF THE PRODUCTS PURCHASED FROM DIONEX. in no event shall any Liability of DIONEX arising in connection with any article sold hereunder (whether such liability arises from a claim based on contract, warranty, tort, indemnity, or otherwise} exceed the actual amount paid by BUYER to DfONEX for such article. The remedies provided herein are BUYER'S sole and exclusive remedies, AND DIONEX shall not be liable for any other claim or damages of any kind REIATEi] TO THE tsRODUC7S. Return Policy and Process. Under no circumstances may articles be returned by the BUYER unless advance written authorization and shipping instructions have been secured from DIONEX. Before returning any item in the United States or Canada, contact DIONEX's Order Administration Department for a Return iNaterial Author€za€ian (RMA) number a# 1-800-D1ONEX-0 or 1-800-346-6390. Countries other than United States or Canada, please contact the local DIONEX subsidiary or your focal distributor for processing. BUYER may need to complete a RMA Form which includes a hazard Free Form and/or Instrument Con#amination Data Form. BUYER mus# return items to DIONEX in their original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk if the item is lost or damaged in shipment. In addition, DIONEX reserves the right to charge the BUYER the list price for missing components or subassemblies when incomplete items are retumod to DIONEX. No replacements for articles or parts claimed to be defective will be shipped by DIONEX unless the alleged defect is established to its satisfaction after suitable test andlor inspection. Replacements wilt be on an exchange basis without further credit and al] replaced parts or articles will become the property of DIONEX. Returns of any unused items which are free from material defects, #o DIONEX, if such return is accepted by DIONEX in its sole discretion, may be subject to a twenty-five (25) percentage restocking charge. MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: August 10, 2009 SUBJECT: AGENDA ITEM 8.L.4 -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 PURCHASE AWARD/HUB CITY FORD, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the purchase one (1) 2010 replacement Ford Sport Trac 4X4 mid-size SUV with options, from Hub City Ford in the amount of $23,744.00, per Florida Sheriff's Contract #08-16-0908, Specification #18 including a tow package and extended warranty. BACKGROUND Truck #744 assigned to Ocean Rescue Superintendent Bob Taylor suffered extensive fire damage to the interior and was declared a total loss. Truck 744 was a Dodge Dakota 4X4 Extended Cab Pickup. As a replacement for this vehicle the most appropriate choice fora 4X4 in this price range on a compact truck that meets Ocean Rescue requirements is the Ford Sport Trac model, which is basically a four (4) door model compact truck. 2010 Ford Sport Trac 4X4 -Mid-Size SUV (U51) $ 21,899.00 Code DTK -Third Key 140.00 Code 53G -Tow Package 375.00 Code 5/75 Extra -Extended Warranty 1,330.00 Total: $ 23,744.00 FUNDING SOURCE 501-3312-591.64-20 RECOMMENDATION Fleet recommends the purchase of one (1) replacement 2010 Ford Sport Trac 4X4 from Hub City Ford, Inc. in the amount of $23,744.00 with required options per Florida Sheriff's Contract #08-16-0908, Specification #18. r --~ R~dl'D ~~ ~~ F'L~RIT~A C'UUNT~ES A!I A6out l7orida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION MID SIZE 4-DOOR UTILITY VEHICLES - 4~4 SPECIFICATION #~ 8 2009 Ford Expl©rcr Sport Trac (U51} ~~~ L~•l~ ~. ~~` _ ~,~ T'he Ford Expl arer Sport Trac (US 1) purchased through this caa~tract comes with all the sta€idard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) require€nents which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northe€n Central Southern BASF,1'RiCE: $21,899.00 $21,923.00 $21,$92.00 .~ $21,998.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. in an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cast of any of the following equipment items you wish deleted from the base unit cost and/ar add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additio€tal addldelete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Sid Award Axzr~ouncement (OS-1 fi-D908) 656 VEH)CCLIf: Explorer Spor-f Trac (1J51) DIALER: Orville Tieckford Ford-Mercury ZONE: Western BASE ~'R~CE: $21,899.00 Explorer Sport "1'rac bus ~;' Duval Ford Northern $21,923.00 Explorer Sport Trac bus ij Don Reid Fard Central $21,592.00 Explorer Sport ~'rac (1151) Dnn Reid Ford Southern $21,998.00 Central Order Cade l7elete Optians Western Northern & Southern rT~l ' 3-dour ntodei itt IietF of ~1-donr tt~odel ~~ >hTJ1` NA NA - (-`wise contrc;l Std : N ~~ I NA NA ^ ,l'ilt ~ti~rEi.~;1~•heel' , Std 1\'a~ ; TtiA NA , 1'o~rer ~G'itrditws Std. ` 1~,1- ! i~A 1 tiA ` f'n~i er dt~or lot ns Sld IAA` I~.A NA ~ (?t-tile. ~L;1 N,1~ ' NA ~ Nil ~ Sar,flFt.I:idty .~f~. J'\I;'i~ ~A : NA ~ Limited slip differentia.! on 4-wheel drive ~ Std NA` ~ NA Central Order Cade Add Options Western Northern & Southern 7:1.(!,~ i FF~~rnc upgrade ^ sper.rh $~;ISi.ErO~ 5 1,8~_i.Ufl~ 3 51,,]{.I.LJ(1~ yy~ ' ..- ~ 3 NA ` 1~aci+~ry rxternal elt`;iF~e nil a~oler h;'1 , NA- NA 1)1Ss1 ~ fi~illl:t\, b~C} ~~a of ~rr.<stri' N_a $,5.(tf1 5'~~.DIJ'} i ` D'p'J' L Police or special service package (include all options required to equal total NA $ 1,280.DDZ NA Epackage) ~ ~c~cr~~,~ wrirr~ rwo moN,~ z 'Tri`I' I Trerarcv at3ii-tl'teft - ~¢1Vt activated,, dealer ii3tslll~d ~157.[i{}' SICiC.t.fJ[~" S"~50.0(13 j3r1T U1T(: ' SSV f ~ SafeStop vehicle anti-then -key activated, dealer installed ~ $292.401 ! $289.00` NA DSS 2 s I 4 NA ^ Nliki117[~+;tlrf'Y,I~S EIiC?Cfel llpgra%le1]dl'liirf-r(. fgi3e~ilfV p€tg. l~rd,l ~A '~~.Si^ y~,~SD.DiJ' ~i:3 STI,~ ~ ; AM/FM radio with sinb[e CD Std ~ 5td' Std ll'11; I g Third ki;y ® ~1 1(I IIC}~ ~ S;l?~.UC}~ ~111f}.(JC1' ~k_` ~J7a"1,°~~=k,~,'t„4i„~riLt!Li~~?),ri%- f1. 5.54 ~ hertrote keyless entry Std $995.00 ~ Std CON~~NIENCE G120UP 2 ~ s NR1 ~ Tlais-d ruw next IvA 1v A' NA '' ,H;iT1.J~ :4;1!1) 1~~~ 1L.i~ 5 ~ ~ 5" round dame farrrp between surrvisors $390.00 } NA2 i $IOD.DD' NA 2 ~ I ~ DiM1 ~ r ~ t Sid Award AnnaEUnceme.rz[- (D8-.~ 6-0908) 657 VEHICLE: Explorer Sport Trac Explorer Sport Trac Explorer Sport `Trac Explorer Sport Trac (U51} {U51) {US 1) (U51} DEALER Orville Beckford Duval Ford Dan Reid Ford Don Reid Ford 1~ ord-lVlercury Z©NE: Western Narthem Central Southern BASE PRIC E: $21,899.Ofl $21,923.00 $21,892.00 $2].,998.00 NA 2 hear Transport Seat - I'ro Gard 6000 Series ~ NA ~ NAZ ~ NA 1TA"~ Re<ii '1~r~En~pilrt tie~lt rv}th rxtrndeil seat hell.-Patriot N~~'~V1 i`rr'1' NA, NA , Selina #10 Series Lexan Cage with sliding window, full width Iower SETINA~10 i , $729.001 ~ NAB ~ $695.003 S 10 ~ . ~ extension panel, dealer installed ~ E i lOS 3 I ~ ~ ~ ~ 5~.•l~ ti~tltia3 b~-1.~C\,1,1 l'3Q;~ ~V[th':l,/~ 1CXa}l a})d li2 t;hpdnill:d flft.t.ill tivFth ttf}] lc~wef' _ NA '.~lA ~. ~tiS(1,Uft3` ~5:~ C:Xter2511~r1 t)i31It'l, ClGalel lElctall C!I PG-1'2600 1 ~ Pro-Gard P2600 Series Polycarbonate (Lexan} Gage with sliding window, $729.001 NAB $695.00' NA3 ~ full width lower extension panel, dealer installed 1 PG ~ ~~~~~} ^ 1 1';3tYFt,t '~'I'1-1 '(I Lc\aIl C13~t. WIVE l~i~ 1L'h aFl -E1)d 1~I'.I1]Gtc"'.1. ~5'1t11 ft3llloWe1" 1~A. N~~ r ~byS.{.11)-;~ PC ~ t.X~ru;[c~[) E)anel, ilcal~r illstal[~°~f P10{1 Patriot V1'1-13}Ci r.ll l ,r.t.al) .:arse ~~ rtll fill] ]cn~,cr txt%€l~lotl p<EUi.I. !li:alrr ~ 1~,~ N:'1` ~ 3i $795.00 a PC 311s1tillCil Ii9C' y ~Wy ~(,1)tal])l r. _~l? <tiL[FIE1r1E]Irl IIi-'t''C}13C:~C FPr3E' czat a[Ca) h-9 C~O[]tri1FI::I tCl ~.(~. N,1` y'~,}Q~.~4~! 1L~) ~' 11rotCCttll~ 11111J1E~, t]ifE~!:r, 11-~), tltlfl tC}]3Clr. 1~1Za.4e:51)ECrtS' ~'tllllEi; lCar, 311a lC~ a[)Cl 1)1!)(101. Call 10,1 li1SIa1},ltE~?fl, S}ll})1)]I71;, 3tltCli~~l] c~C'lEYl3l 1~`li'.E:3. i' ~.:il'1 l` l.h it:ll 4 ED4 ~ ~ Electr ?rlii~ Krn:c?~e bear Daor Opening system to be used with the K-9 i NA NAZ i $795.003 K9 3 ~ Cantaifaer. ,11.1':..?~.vs the officer to release the K-9 from the vehicle from a ; l remc t~ 1 ' ' 1~H.:1 ` Heai.'11ar311 S1st['lli to he tts2el i31 a1~-'~ ~el)icle. ~~~`af~)s ul~iicrr ltilleii N:~ , 1~'.~' ~_ SG9~.{10 Iti:9 ' c3at)if! roltsli' h:gll fi:€nprratin r~ are it)~ide the vcliicle. DSM 1 !Complete set of show manuals ONLY ' 5390.001 $3GS.OU` 5:.95.00'; DSM 2 ~ INCLUD! S.SHIPPING I7SM ~ 1 ~ ~ 5!lil°I l~f ' ~~'ti'arr)nt~ SI?ii•ifv, 51,1=10.U0` $I,S=Iti.UO~ 51,1~ti};O~ss 1'!~T' ' S ; i4i1{ ,'R.hii:j r),~„ri - Jr` rrn t' ..ta `.~ I f„4 r4'.}~r' 51100 y ': ~ Warranty - Specif $1,540.001 j $1,540.00 } $1,540.003 BASE 1 r ~CoJ nrr~ucrl~c~s ~ i ~ 1 1 BASE ~ s ~~~R rf7ooool~r~ zcr~o n~~. ~,~sE c>~x,~ ~sP ~ ~ : ~ ~ ESP 3 t &AS~C~tR~ SYI00, 000 3 ~ ~ i 5i7ti L'~%:,rrr3lty - 41~erify~ ~ $1,30,1141 51,140.00 ~,1.845.CN1~ 1~,X'1R'1 ] S''"'~ 11 '1il,r! i~r.'s~ ._n'~,1i(!Il~.,r .~. „lr~' t i 1~.~ N ! t1 KAY., 11{0 J. ]II%1~t1(}il i 0 Bid Award Annorsncemer~t (0$-16-©9p8) 671 ''VEIiICI,E: Explorer Sport Trac ;~.xplorer Sport Trac Explorer Sport Tr°ac Explorer Sport "I'3°ac (USl) (U51) (U51} (U51} DEALER: Orville Beckford Duval Ford Don Reid Ford Dan Reid Ford Ford-Mercury ZONE: Western Northen~ Central Southern BASE PRICE: $21,899.Dfl $21,923.00 $21,892.00 $21,998.00 NA ` °ftcar «~indE~c~ clrii~~,`e1 ~,/1 NAZ NA NA R~.Ei ~~ t]tdin° w lslcl ~+i,~rr ~r•itl? interrni[tert€ fr~3lttre; NA ~ 1' NA `IhA- H~itvy d€<ty tltl~herlh~cu naafis ,, N:~ $75 Cif)` i ~lE}C?,0[l3i DIFiv9 " 60T t 2 Cargo area cover DR $1695 t ' $595.00' ~ $595.fl0~ ; ~ ~ $595.04] 60T p COI, . TONNB~IUCDVER OR ,F~INTF.IJ 1 [ 63T ~ _ rDn~~~,~ucav~'n 2 t Si.))^ l'riva~,~ t~las~.factir}'it15t<Ellyd Std `tt1~ Std STD Sidc air ~,rc:ti;:ti,~n (n~ -Y ai'fc~t ~a~~: a~~,tllabilit~'1 Std Sty[` Std ?~ tiVS t ti':cnt vi,ors - 5ix~l~-fiat si~~ie ~1 S{).fJ4) ~.1 ~S.tJU' S1 ~Ci,ptf 1)l•K5 FVS 2 t Rainshields -Mange style ~ $I40.00) $125.OOL $200.00~~ DRS ,' s j DIRS ~ ( i 3 f ~1kB , lZllEll]t 1` i3;~<lld~ :S(?~5.4[k- ya`15.C}0, Z fi8? S1'1) - l e~ l ir,t:~~ Std i titd~' Std E i ti lL~ T)3V:1nll" r€II3rt1t % l1~!11tG ~ 4,`l5,[}(1 i S;~ti.(I(j ' S.~S.EM4` j 5 l f) ` c~~12 = NA lFrtnlnhl€i7c d :ytirne. rr3r~ttin~ l1`Its NA i NA2 ~ > NA NA Toil tlo Mks .7 NA ',l"./1- : ~iA ; 53G i ~ I-Ieavy duty towing package, includes HD class III receiver with 2" ball ~~ $375.0(? t ` $385.042 ' $340.403 53G ~ IiRD W 2 g ~ ¥ 53G ~ i k E ~ r S 1:T1 ~' I~iill Size s.liare fire and rsiii' Btd Std2 Std N2 Z Nitrogen filled tires including spare €ire ~ NA ~ $I25.402 ~ ~ ~ $1C)O,D03 ' ~ DINT' ~ ! STD'- []inside fire cari•icr Slid Std2 i NA B __ .. ~Backupalarm ~ $124.041 $125,042 ( € $100.04 DB z 1 DIBUA ~ B UC: ? k;acl`u}i cc,nlera twit}t ~.5' I.C'D (rear rn~~tlnted canlela to 11 rC?vielr ~ti itte an~Ie S, c~5.C1f11 ~~635.00~' ~•9S.(1f13 Y liE}~ ` T3e[d l,fvl:iluCl kit re;tr clf l`c171111 i BLt(. h Sid Award Anr7ou,nce.rr~ent (08-16-09©8) 658 NadaN, Pats From: Rumen, Kevin $ent; Friday, August 07, 2009 9:32 AM To; Nadal, Patsy Cc: Smith, Douglas Subject: FW: Ocean Rescue Truck 744 Patsy, Per Mr. Harden's approval below, please place the purchase of this vehicle on the City Commission agenda for Tuesday, August 1$, 2009. This is a replacement for vehicle #744 which was a total loss due to fire damage. Funding is available from 501-3312-591.-64.20. Florida ShcriT'f~'s Contract #08-16-t}90~, Spccii~cation #1S Dealer: 1F1nb City &'arrd Contact: ~foc'PVindrow One (T) 2010 Bard Span Trac 4X4 -Mid-Size SW (U51) $21,899.00 Code DTK -Third Key $ T 40.00 Code 53G -~- Tow Package $375.00 Code 5175 Extra -Extended Warranty $1,330.00 Total $23,744.00 Thank you, Kevin CR. R.uxnell Fleet Maintenance Superintendent City of Delray Beach ®ffice (561} 243-7333 Fax (561) 272-53GG Email rua~aell~a,~ci.delray-&~eacl~.fl.us From: Harden, David S~rrt: Thursday, August 06, 2009 8:38 PM T®: Burnell, Kevin S~bj~clta RE: Ocean Rescue Truck 744 Go ahead with the Ford Sport Trac. Frgm: Rumen, Kevin Santa Thursday, August 06, 2009 1.2:47 PM T®e Harden, David Subject: Ocean Rescue Truck 744 Mr. Harden, The truck assigned to Ocean. Rescue Superintendent Eob Taylar (#744) suffered extensive fire damage to the interior and was declared a total loss. Truck 744 was a Dodge Dakota 4X4 Extended Cab Pickup. T have been looking at what might be an appropriate replacement vehicle, anal have taken into consideration Mr. Taylor's letter below, requesting a full four door vehicle, for the reasons that he outlines. It would appear that the best choice fora 4X4 compact truck that meets his request would be the Ford Sport Trac model, which is basically a ~# door model compact truck. The price on this truck with tow package and extended warranty is $23,954. The other obvious choices would be either the Ford Ranger 4X4 Crew Cab or Chevy Colorado 4X4 Crew Cab. The Ranger, however, is not a true Crew Cab, and only has a small ~urnp seat in the rear which would not meet the requirements that he is seeking to fill. The Chevy Colorado 4X4 Crew Cab, comparably equipped as the Sport Trac, prices out at $24,457. Please give me your opinion on this matter. I~evi~ ~. Rumell Fleet Maintenance Supearin#endent Ci'ry of T~elxay Seach Fay (561) 272-x366 ~xnail ~rnell ¢ci.delray-beach .ti.~s. _ _ _ _ __ _ _ __ Er~m: Taylor, Bob ant: 6Nednesday, .7uly 15, 2009 7:35 AM To: ftumell, Kevin Subyee~: Since the fire to the interior has left truck 744 inoperable, 1 would recommend replacing the 2001 Dodge Dakota 4x4 truck with another 4x4 pickup truck or 4x4 SUV. The limitations of the old 744 was it only held 2 adults, and many times a year we needed a vehicle to take mare than 2 passengers far competitions, special events, training, and travel. A Crew Cab would work well for this. An example would be tomorrow, we are borrowing a Crew Cab pickup from Parks Maintenance to take 4 staff to Daytona Beach for the United States Lifesaving Associations Regional Competition. In the past, we would have to take 2 vehicles due to the limited space. Towing capability is also required {at least 1200 ppunds), we taw our PRC (jet-ski) to and from Riva Motarsports in Pompano Beach far repairs and upkeep, as well as surf craft, and other equipment to and from the beach and fleet maintenance for repairs. The 4x4 off road capability is also vital, as I need to get on the beach for various duties including rescue response, tower and equipment maintenance, and special events. Robert Taylor Superintendent Delray Beach Ocean Reseue 5b1-243-7352 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 13, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 CONDITIONAL USE EXTENSION REQUEST/VILLAGE SQUARE ITEM BEFORE COMMISSION The item before Commission is consideration of a Conditional Use Extension Request to allow a density in excess of 12 units per acre (18.04 du/ac is proposed) pursuant to LDR Section 4.7 Workforce Housing and in accordance with the provision of the City's Family Workforce Housing Ordinance for the Village Square, a 326-unit residential development located on the east side of Auburn Avenue between SW 7th Street and SW 10th Street. BACKGROUND At its meeting of August 20, 2007, the Planning and Zoning Board approved the conditional use request for Village Square. A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of August 20, 2007. At its meeting of September 4, 2007, the City Commission approved the conditional use. Subsequently, at its meeting of November 28, 2007, the Site Plan Review and Appearance Board approved with conditions the related Class V site plan. The conditional use approval is valid through August 20, 2009. This request is fora 24 month extension to August 20, 2011. The 326-unit residential development will contain 110 two and three-story townhouse units (93 market rate units and 17 workforce units) and 216 residential condominium units within nine (9) three-story buildings (90 market rate 2-bedroom units, 18 workforce 2-bedroom units, 90 market rate 3-bedroom units, and 18 workforce 3-bedroom units) for a total of 273 market rate units and 53 workforce units. 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. 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 Apendix "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 (a 15.21 acre portion of this site contained the Carver Estate development which has been demolished), 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 statements, regarding the delay with the construction of the proposed project and in support of the extension request. "...the following has been done with respect to the Village Square project: . The plat for Village Square was submitted on January 4, 2008; . The Articles of Incorporation of Village Square Master Association and the Master Declaration of Covenants, Restrictions and Easements were submitted to the City on February 11, 2008; . The Planning and Zoning Board approved the plat on February 25, 2008; and . The South Florida Water Management District permit was issued on July 25, 2008. ...the following additional documents have been created: Village Square Condominium Association . Articles of Incorporation of Village Square at Delray Beach Condominium Association, Inc. . By-Laws of Village Square at Delray Beach Condominium Association, Inc... . ...Estimated Operating Budget of Village Square Master Association, Inc. . Rules and Regulations for Village Square... • ...Condominium surveys by building... . ...Restrictive CovenantAgreementfnr Workforce Housing... " "Like most projects in the City, this project has been delayed due to economic and market reasons. Numerous residential developments that received site plan approval in the last few years have experienced difficulties in proceeding with the construction phase due to market forces. In fact, recognizing this issue, the State Legislature has passed legislation automatically extending approvals in some instances. As a result of this "soft" real estate market, the City has approved numerous requests for extensions of conditional uses and site plan approvals. Therefore, it is reasonable to find that external circumstances have hindered the construction of the development and that an extension should be granted. " There have been no changes in the LDR since the time of the original approval which would make any aspect of the development proposal for Village Square non-conforming. Similarly, the original findings of Concurrency, Future Land Use Map and Comprehensive Plan Consistency and Compliance with the LDR can be reaffirmed [LDR Article 3.1]. However, it is noted that the School District of Palm Beach County Concurrency Determination is only valid for one year, from the date of issuance (July 31, 2007), and thus, a new Concurrency letter from the School District of Palm Beach County needs to be provided and this is attached as a condition of approval In addition, according to the Palm Beach County Traffic Division, no building permits are to be issued by the municipality (City of Delray Beach) after the build- out date which in this case is the year 2011. Thus, a new Palm Beach County Traffic Concurrency letter needs to be provided at this time and is also attached as a condition of approval. Based on the above, and subject to these conditions of approval, it is reasonable to grant the extension of the conditional use approval It is noted, that similar conditional use and site plan extension requests have been approved for various other projects in the City, such as, Village Park, City Escape, Astor Development, and City Walk. RECOMMENDATION Move approval of the conditional use extension request to allow for a density in excess of 12 units per acre (18.04 du/ac) for the Village Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5) [Conditional Use Findings], 4.4.6(I) [Performance Standards], Section 4.7 [Family/Workforce Housing] and Chapter 3 of the Land Development Regulations, with said approval to be valid until September 4, 2011, subject to the following condition: 1. That a letter from the School District of Palm Beach County indicating that the proposed project meets current School District Performance Standards needs to be provided; and 2. That a letter from the Traffic Division of Palm Beach County indicating that the proposed project meets the required Traffic Concurrency Performance Standards needs to be provided. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA TWENTY-FOUR MONTH EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL GRANTED TO VILLAGE SQUARE TO ALLOW DENSITY IN EXCESS OF 12 UNITS PER ACRE IN THE SOUTHWEST AREA NEIGHBORHOOD OVERLAY DISTRICT 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 August 18, 2009. 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 Village Square 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 Village Square? 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 approvals to be valid until August 20, 2011 subject to the following conditions: a. That a letter from the School District of Palm Beach County indicating that the proposed project meets current School district Performance Standards needs to be provided; and 2 b. That a letter from the Traffic Division of Palm Beach County indicating that the proposed project meets the required Traffic Concurrency Performance Standards needs to be provided. The City Commission hereby adopts this Order this day of August, 2009, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 3 14111CHAEL WEINER & ASSOCIATES, P.A. ATTORNEYS AT LAW 10 S.E. 1St Avenue, Suite C Delray Beach, Florida 33444 Telephone: (561) 265-2656 Telecopier: (561) 2726831 E-mail mweinerCa7zonelaw.com MICHAEL S. WEINER JASON S. MANKOFF .tuly 17, 2009 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Request for Extensions for Village Square Our File No„ AUBM04'l Dear Paul: +rf 4r ~i ;~ ~;~ lri~:~ .;; ,:, .....__ , KERRY D. SAFIER Vra Hand Delivery Pursuant to Section 2.4.4(F} of the Land Develapment Regulations of the City of Delray Beach, Florida ("LDRs"}, this letter is submitted on behalf of our client, Village Square Developers, LLC, as a written request to the City of Defray Beach ("City"} for a two (Z) year extensian for the Conditional Use and Site Plan Approval for Village Square. Like most projects in the City, this project has been delayed due to economic and market reasons. Numerous residential developments that received site plan approval in the last few years have experienced difficulties in proceeding with the construction phase due to market forces. In fact, recognizing this issue, the State Legislattare has passed legislation automatically extending approvals in some instances. As a result of this "soft" real estate market, the City has approved numerous requests for extensions of conditional uses and site plan approvals. Therefore, it is reasonable to find that external circumstances have hindered the construction of the development and that an extension should be granted. Therefore, we respectfully request your support of this extension. Cur client has continuously acted in good faith to move.this project forward. Enclosed please find a fee in the amount of $13fi0.00 made payable to the City of Delray Beach for both extension requests. We shall be supplying you with additional information concerning this request. p:lAIfBMQ411Letter to Dorling re extension request.July 17 2009.doc Mr. Paul Dorling July 17, 2009 Page 2 of 2 Please let us know the respective dates that the extension requests will be heard. ~ Very ly~yours, '~ ~,~_ ~` `~ Mi haei .Weiner MSW:aI~ Enclosure cc: Mr. Tom Hinners {via email wI enclosure) Mr. Brian Hinners (via email w/ enclosure) Mr. Cito Beguristain (via email w/enclosure) Ms. Connie 5taudinger {via email wl enclosure) Ms. Dawn Guzzetta {via email w{enclosure) Mr. Allan Schnier '(via email wl enclosure) Jason 5. Mankoff, Esquire (wlo enclosure) Ms. Ashlee L. Vargo (wlo enclosure) o:WUBlVI0411t_etter to borling re extension request.July 17 2009.doc MICHAEL WEINER & ASSOCIATES, P.A. ATTORNEYS AT LAW 10 S.E. 1St Avenue, Suite C Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner(c~zonelaw.com MICHAEL S. WElN1E=R .JASON S. MANKOFF August 4, 2009 Mr. Estelio Breto Senior Planner City of Defray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re; Request for Extensions for Village Square Our File No.. AlJBM04'I Dear Estelio: KERRY D. SAFIER Via Hand Delivery Pursuant to your request, the following has been done with respect to the Village Square Project: - The plat for Village Square was submitted to the City on January 4, 2008; - The Articles of Incorporation of Village Square Master Association and the Master Declaration of Covenants, Restrictions and Easements fior Village Square were submitted to the City on February 11, 2008; - The Planning and Zoning Board approved the plat on. February 25, 2008; and - The South Florida Water Management District permit was issued on July 25, 2008. Since the submission of the Articles of Incorporation of Village Square Master Association and the Master Declaration of Covenants, Restrictions and Easements for Village Square on February 11, 2008, the following additional documents have been created Village Square Condominium Association • Articles of Incorporation of Village Square at Defray Beach Condominium Association, Inc. • By-Laws of Village Square at Delray Beach Condominium Association, Inc. O:IAUBMO411Letter to Breto re extension request.Aug 4 2009.doc August 4, 2009 Page 2 of 2 • Proposed Operating Budget of Village Square at Delray Beach Condominium AS50Ciatlon, Inc. and Notes to the Budget • Estimated Operating Budget of Village Square Master Association, Inc. • Rules and Regulations for Village Square • Form of Special Condominium Warranty Deed Condominium surveys by building • Form of Condominium Unit Lease • Frequently Asked Questions and Answer Sheet • Restrictive Covenant Agreement for Workforce Housing Village Square Townhome Asso_ cation • Declaration of Covenants, Restrictions and Easements • Articles of lncor'poration • By-Laws • Rules and Regulations • Proposed Operating Budget • Form of Special Warranty Deed • Contract Deposit Escrow Agreement Villa e S uare Master Association • Master Declaration of Covenants, Restrictions and Easements for Village Square • Articles ofi Incorporation of Village Square Master Association • By-Laws of Village Square Master Association, Inc. I am confirming that this matter has been placed on the August 18, 2009 City Commission agenda and the August 26, 2009 SPRAB agenda. If you need any additional information, please let us know. Very truly u{rs, \, Mich ~e S e' er MSW:aly cc: Ms. Jasmin Allen (via hand delivery) Mr. Tom Hinners (via email) Mr. Brian Hinners (via email} Mr_ Ci#o Beguristain (via email) Ms. Connie Staudinger (via email) Ms. Dawn Guzzetta (via email) Mr. Allan Schnier (via email) O:r.4UBM0411E.etter to Breto re extension request.Aug 4 20179.dac ~ VILLAGE SQUARE ~~ SUBJECT PROPERTY '('~-~~-~}~j-~~-{}'~ ~-~'~ ~-O~J2(~ CITY DF DELRAY BEACH, FL ~p~~~-7-pp^ggt ~~iry PLANNING & ZDNING DEPARTMENT tt~~ 77 iicc....tt~i~~1t tt~~ -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM1D19 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: August 20, 2007 AGENDA ITEM: v. A. ITEM: Conditional Use Request for the Village Square to Allow an Increase in the Residential Density Above 12 Dwelling Units Per Acre {18.04 du/ac proposed} Pursuant to the City's FamilylWorkforce Housing Program. The property is located on the east side of Auburn Avenue and 5W 13tH Avenue between SW 7'h Street and SW 10tH Street. GENERAL DATA: Applicant ..................... Agent ......................... Owner ....................... Village Square, LLC Weiner & Aronson, P.A. Delray Beach Housing Authority Location .......................... East side of Auburn Avenue and SW 13th Avenue between SW 7'n Street and SW 10tH Street Property Size .................. 18.44 acres Future Land Use Map..... TRN (Transitional} Current Zoning ............... RM {Medium Density Residential) Adjacent Zoning....North: RM {Multiple Family Residential) East: RM {Multiple Family Residential) South: R-1-A (Single Family Residential) West; RM (Medium Density Residential) Existing Land Use..,....... Vacant Rental Community Proposed Land Use........ A 332-unit residential development (116 #ownhouse units and 216 residential condominium units). Water Service ................. Water service is available via service lateral connections to two existing 8" water mains located south of SW 7th Street right-of-way and east of SW 13tH Avenue. Sewer Service ................ Sewer service is available via service lateral connection to an existing 8" sanitary sewer main within the SW 12tH Avenue right-of-way. V. A. - - - _ __._ --- ITE1Vl BEFURE THE_-BOARD The action before the Board is making a recommendation to the City Commission on a conditional use request for Village Square to allow an increase above 12 dwelling units per acre [LDR Section 4.4.6(D)(12}] (18.04 dulac proposed}, pursuant to LDR Section 2.4.5(E}. The property is located on the east side of Auburn Avenue and SW 13t" Avenue between SW 7tn Street and SW 10t" Street. __ -- BACKGROUN'DIPRC?JECT_ DESCRIPTION The subject property consists of Tract "A", located on the south side of SW 7th Street to the north of SW 8th Street and to the east of Auburn Avenue; and Tract "B" located to the south of SW 8t" Street and to the north of SW 10t" Street between SW 12t" Avenue and SW 13t" Avenue. The area of the property totals 15.41 acres and is zoned RM (Medium Density Residential). Tract "A" contains seventeen (17) multiple family structures that were built in 1981 and would be demolished; and Tract "B" is currently vacant. The development proposal includes the construction of a 332-units residential development, which will contain 116 two and three-story townhouse units and 216 residential condominium units within nine {9} three-story buildings. Multiple family residential developments may exceed twelve {12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwesfi Area Neighborhood Redevelopment Plan. The development proposal also includes the following waiver and internal adjustments: • Internal adjustments for Building TH-2 from setbacks which are measured from the proposed street systemlaccess tract pursuant to LDR Section 4.4.6 {F) (3) (c). The internal adjustment requests include a reduction in the required side street setback (north side of the building) from 15' to 11'; the require side street setback {south side of the building) from 15' to 4'; the require front street setback (east side of the building) from 15 to 9'. ;and • A waiver to reduce the required roadway pavement width from 24' to 22' [LDR Section 6.1.2(C) (3) (a)]. The conditional use request is to allow an increase in density above 12 units per acre in the Southwest Area Neighborhood Overlay District (18.04 units per acre proposed} in accordance with the provisions of the City's FamilylWorkforce Housing Ordinance. The conditional use request is associated with the construction of a 332-unit residential development, known as the Village Square. Out of the 332 residential units proposed 56 will be workforce housing units which will include townhouses and condominium units. Multiple family residential developments may exceed twelve {12) units per acre, up to a maximum of twenty-four (24} units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. The conditional use application is now before the Board for consideration. Planning and Zoning Board StafF c . ;:part, Meeting of August 20, 2007 Village Square -Conditional Use Request - - - - __. _ CONDITIONAL US)= ANALYSIS 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 steal! be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs 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 designation of TRN (Transitional} and is zoned RM {Medium Density Residential}, The RM zoning district is consisten# with the TRN Future Land Use Map designation. Pursuant #o LDR Section 4.4.6(D}(12}, multiple family residential developments are allowed and may exceed 12 units per acre, up to a maximum of 24 units per acre, within the Southwest Neighborhood Overlay District, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the conformance wi#h the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. Multiple family residential developments tha# exceed 12 units per acre are allowed as a conditional use in the RM zoning district subject to the above provisions. 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 #wo existing 8" water main that traverse the site and are located south of SW 7'" s#reet right-of-way. In addition, water service is also available via service lateral connections to an existing $" water main that traverses the site and is located east of SW 13'" Avenue right-of-way. There are five (5) fire hydrants that are placed throughout the existing project {to be demolished) which will be relocated #o accommodate the proposed multiple family structures. An additional fire hydrant is located at the intersection of SW 13'" Avenue and SW 14'" Street. Sewer service is available via service lateral connection to an existing 8" sanitary sewer main within the SW 12'h Avenue right-of-way. In addition, sewer service is also available via a service la#eral connection to an existing 8" sanitary sewer main that traverses the site and is located to the north SW 7'" Street Court right-of-way. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Wa#er Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. 2 Planning and Zoning Board 5taff','..',;!ort, Meeting of August 20, 20p7 Village Square -Conditional Use Request Drainage: A conceptual engineering plan has been submitted with the conditional use application that indicates that drainage will be provided via sheet flow to catch basins (type "D' Inlet} and exfiltration trenches. The outfall of the drainage system is tied to the City's storm water system. There are no problems anticipated in retaining drainage on site and obtaining anylall necessary permits. Traffic: A traffic study has been submitted that indicates that the proposed development will generate a net of 924 Average Daily Trips (increase} with 37 A.M. Peak Hour Trips (increase} and 37 P.M. Peak Hour Trips {increase). A letter from the Palm Beach County Traffic Division indicating that the proposed project meets concurrency with the Palm Beach County Traffic Performance Standards Ordinance has been provided, and thus, traffic concurrency requirements have been met. Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts projects may have on City recreational facilities. Pursuant fio 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 $166,000 will be required of this development. Solid Waste: The proposed 332-unit residential development will generate 172.64 tons of solid waste per year (332 units x 0.52 tons = 172.644 tons). The existing 200-unit residential development generated 104 tons of solid waste per year {200 units x 0.52 tons = 104 tons). This will represent an increase of 68.64 tons over the current condition (172.64 tons - 104 tons = 68.64 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. Schools: A letter from the Palm Beach County School District indicating that the proposed development meets concurrency standard has been provided, and thus, a positive finding with respect to this level of service standard can be made. 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, A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use application are noted: Futur~_Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so tha# the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and ful#ills remaining land use needs. There are no significant environmental characteristics to the subject property. The proposed residential development will be complimentary to the existing development pattern in the neighborhood. The additional residential units will add to the customer base for the existing commercial uses along West Atlantic Avenue and aid in the redevelopment of this corridor. The 3 Planning and honing Board Staff ~ .. ;,ort, Meeting of August 20, 2007' Village Square - Conditional Use Request proposed development will enable the fulfillment of remaining land use needs by the provision ofi workforce housing, as discussed in greater detail with Future Land Use Element Policy C-1.7. 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 Polic C-7.7: The following pertains fo fhe Southwest Neighborhood Redevelopmenf Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10~'' Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of fhe parcels in fhe area contain vacant or dilapidated structures, substandard parking and subsfandard landscaping. The area also contains residential areas identified as "Rehabr'lifafion" on fhe Residential Neighborhood Categorization Map contained in the Housing Element. The Southwesf Area Neighborhood Redevelopment Plan was adopted by fhe City Commission at ifs meeting of June 3, 2003. The Plan establishes a blueprinf for the revitalization and stabilization of the area. The Southwesf Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for fhe phased implemenfafion of fhe various plan components. Future development in the area must be in accordance with the provisions of the Redevelopmenf Plan. The subject properky is located within the borders of the Southwest Area Neighborhood Redevelopment Plan, and is more specifically included within sub-area #3 and is known as The Village Center. This sub-area extends from SW 3`d Street to S.W. 10th Street. The Agencies currently based within the Village Center corridor include the Village Academy, the Boys and Girls Club, Head Start, the Delray Beach Housing Authorities, and other service providers. The Southwest Area Neighborhood Redevelopment Plan recommends that sub-area #3 (the Village Center) be redeveloped to create a seamless service network linking education, social, and recreation services and facilities to meet the needs of southwest area neighborhoods. The Southwest Area Redevelopment Plan also calls for the provision of a mix of incomes with a strong base of affordable housing units and a mixture of multi-family housing (apartmentsltawnhomes). The proposed development will further these goals by replacing existing deteriorated housing with a 332-unit townhouse and condominium development. The proposal includes a mix of market rate housing and workforce housing units (out the 332 residential units 56 are proposed as workforce housing units}. The proposed development will likely improve the safety of the area as well as its long term stability. It will introduce new housing units to the area and strengthen night time security providing more "eyes on the street" as a deterrent to criminal behavior. The Southwest Area Neighborhood Redevelopment Plan also recommends that redevelopment in sub-area #3 be implemented by building upon traditional models of town development and architecture to enhance neighborhood character and create a sense of place. The proposed development does provide a sense ofi place through its use of neo-traditional architectural design. The front porches will provide a contact, conversation, and gathering place for the residents. The proposed parches will also provide a sense of place for passive recreation and 4 Planning and Zoning Board Staff. ,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request community living. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, that the proposed development will fuifill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Housing Objective A-92: 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, habi#ability 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, As noted previously, the proposed development will replace severely deteriorated housing with 332-unit townhouse and condominium development. The provision of workforce housing within the proposed development will assure that affordable housing will be maintained within the neighborhood. Safety, habitability and stability of the neighborhood should be significantly improved by introducing additional homeowners into the area. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.6 RM Zone District: .,,,,, ,, ent: The Medium Density Residential ursuan# to ection 4.4.fi _._urpose an „ n~,,.,_ (RM} District provides a residential zoning district with flexible densities having a base of six {fi} 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 that the project is compatible with surrounding land uses. Within the 5authwest Neighborhood Overlay District, the Southwest 90th Street Overlay District, and the Carver Estates Overlay District, 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 S#andards: 7} Pursuant to LDR Section 4.4.6(1)(9] These standards shall 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 (6} 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 5 Planning and Zoning Board StafF i . -fort, Meeting of Augest 20, 2007 Village Square -Conditional Use Request 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 4.4.5[I)~2), it is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types 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 street network. This can be accomplished through fhe use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into fhe developmenf; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The 116 townhouse units and 216 condominium units have been oriented to front on SW 13t" Avenue, SW 12t" Avenue, Auburn Avenue, and the proposed internal street system. To reduce speeds and increase the element of safety, it is recommended and attached as a condition of approval that paver block raised speed tables be located along SW 12t" Avenue, and SW 13t" Avenue. Raised speed tables have been depicted on the site plan along the interior street system at various locations. This proposed traffic calming measure should be an adequate means to control speed in both directions along SW 12'" Avenue, SW 13t" Avenue, Auburn Avenue, and along the looped interior street system. The proposed development will comply with this performance standard provided the condition of approval is addressed. (b) Buildings are placed throughout the developmenf in a manner fhat reduces the overall massing, and provides a feeling of open space. The proposal involves the development of one hundred and sixteen (116} fee simple townhouse units in sixteen (16) two and three-story buildings, and two hundred and sixteen (216) condominium units within nine (9) three-story buildings. Despite the un-usual "L" shape configuration of the lot, the proposed two and three-story townhouses and condominium buildings have been placed on the site in a manner that maximizes the view of the proposed streetscape, open spaces, walkways. The townhouse units are staggered and provide variation in the front elevations. The townhouses and condominium buildings provide different roof plane changes which add visual interest to the roof line. This genera#es a harmonious rhythm to the buildings and provides a mare visually attractive appearance and streetscape. These features will help lessen the potential perception of massing of the development, Thus, the proposed development complies with this performance standard. (c) Where immediately adjacent to residenfial zoning districts having a lower density, building setbacks and landscape materials along those adjacent property 6 Planning and Zoning Board Staff . part, Mee#ing of Augus# 20, 2407 Village Square - Conditional Use Request lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at lime of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The majority of the surrounding residential zoning to the east, west, and north is the same as the subject property RM {Multiple Family Residential -Medium Density). However, a portion of the project (east and south), is zoned R-1-A (Single Family Residential. Pursuant to Land Development Regulations {LDR) Section 4.4.6 (I} (1) (c) the setback to the south and east side of the property must be increased by at least 25% of the required minimum. The required side interior setback along the south property line is 12.5' and 18' is provided which exceeds the requirement. Similarly, fhe required side street setback along a portion of the east side of the property is 12.5' and 15' are provided which exceeds the requirement. In addition, a 6' high wall along a portion of the south and east side of the property has been provided to visually buffer the adjacent single family residential areas. A typical site perimeter wall detail has also been provided. The applicant has increased and enhanced the landscaping required along this portion of the east and south property line to provide a meaningful separation between the Single Family Residential (R-1-A) district and the proposed development; this landscape buffer includes Ligustrum trees planted 20 feet on center. Thus, the proposed development complies with this performance standard. (d) The developmenf offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of fhe facades are offset to add interest and distinguish individual unlfs). Building elevations incorporafe diversity 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 proposed streetscape Incorporates building offsets as well as variations in the roofline. The roofline is a combination of gable and hip roofs. Diversity among the windows will be accomplished with the provision of five {5) different windows shapes. The front elevations of the buildings contain the entries to individual units with alternating designs and neo- traditional parch areas facing the right-of-way. The garages and driveways are provided to the rear of the buildings and are accessed from the internal street system. The architectural elevations include many features and design elements, such as: ultra seam light grey metal roofs, decorative vinyl shutters (painted blue and brawn}, bay windows, balconies with metal railing {painted blue and brown), aluminum French doors fior the condominium buildings, decorative wall mounted fixtures, clap siding for the upper floor and light stucco texture finish far the lower floor, decorative stucco column base and capitals, and decorative brackets and outriggers. All nine condominium buildings have 3~story high roof lines. Thirteen out of the sixteen townhouse buildings feature atwo-story roof line, while remaining three have athree-story roof line except for the end units which also have atwo- story roof line. The proposed buildings will have light texture color stucco finishes. The proposed architectural style (Neo-Traditional, New Urbanism style), with three different colors (white, light yellow and brawn) to distinguish individual townhome and condominium units, will create the varied streetscape and building design required by this performance standard. Thus, the proposed development complies with this performance standard. (e) A number of different unit fypes, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi- 7 Planning and Zoning Board Staff port, Meeting of August 20, 2007 Village Square -Conditional Use Request family housing wilt at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) wilt at a minimum offer a mix of three and four bedroom units with varying floor plans. The project provides two and three-bedroom condominium units and three-bedroom townhouse units along with one and two car garages. There are three different sizes of three bedroom units with different floor plans, (1,230, 1,530, and 9,752 square feet} and one size two-bedroom unit (1,076 square feet). Variety has been provided in term of the size of the units to accommodate households of various sizes and ages. Family size and income level in the Southwest Neighborhood Redevelopment Area does not indicate a demand for one bedroom units, and thus, such type of unit is not provided. Based upon the above, this standard has been accommodated. (t) The development is designed fo preserve and enhance existing natura! areas and/or water bodies. Where no such areas exist, new areas, which provide open space and nafive habitat, are created and incorporated into the project. This is a redevelopment project. Since the site has already been disturbed, no natural areas exist on site to be preserved. However, the proposed development will provide a common open space area for native habitat through the introduction of a newly created lake. Walkways are being proposed through the courtyards of the condominium buildings and along the lakes that eventually connect to the interior and public sidewalk system. It is noted, that the passive recreation area formed by the three artificial lakes (at different grade levels) will be provided with street benches and small water cascades as an additional amenity. Based upon the above, this standard has been accommodated. (g) The project provr'des a convenient and extensive bicycle/pedestrian network, and access fo available transit. The development provides a walkway pedestrian system that links each unit to the public sidewalk system and the available mass transit system. This performance standard has been met. Based on the above, positive findings can be made with respect to all seven (7) performance standards. Therefore, the performance standard requirements of the RM zoning district have been adequately addressed to support the proposed density of 18.04 units per acre. 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 requirements of this chapter. a. Developers may earn bonus units by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts, b. All development shall meet the requirements for units as specified in this chapter and meet aN required Land Development Regina#ions. Planning and Zoning Soard Staff F, .,ort, Meeting of August 20, 2007 Village Square -Conditional Use Request c. Workforce units shall include those units in a development, which are regulated in terms of: i. Sales price or rent levels; and ii. Marketing and initial occupancy; and iii. Continued requirements pertaining to resale or rent increases. Section 4.7.4 Density Bonus Program ___for _ the_ Southwest Neighborhood Overlay District Developers of property in the Southwest Neighborhood Overlay District that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families. d. The bonus allowances are set forth in Table 1 below. TABLE 'I DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY D1STRlCT, THE INFILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT OPTION SALE 1 RENT VERY LOW 60% LOW 80% - 61 MODERATE 120% -81 NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED 4 3 2 LARGE HOME OPTION 4+ bedroom workforce housing units Additional 0.5 bonus will be added to the bonus provided above in this chart e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to the Delray Beach Community Land Trust that will be utilized to subsidize workforce housing in the City of Delray Beach. Developers may earn one bonus unit far each payment of a sum equal to $60,000, payable to the Delray Beach Community Land Trust. Also, instead of or in addition to providing workforce housing units, developers shall earn bonus units by donating land (buildable lots) in the City Delray Beach to be used for workforce housing. The appraised value of donated land will be valued in accordance with subsection e. above and may be prorated. The appraisal shall be obtained by developer at developer's cost. g. The maximum total density of a development in the Southwest Neighborhood Overlay District and the Carver Estates Overlay District shall not exceed 24 units per acre. The maximum total density of a development in the Infill Workforce Housing Area shall not exceed 18 units per acre. All other Workforce Housing 9 Planning and Zoning Board StatF .. ort, Meeting of August 20, 2007 Village Square -Conditional Use Request Area densities shall be limited to the maximum allowed in the zoning district and as set forth elsewhere in the Land Development Regulations. There are 332 dwelling units proposed within the subject property (18.40 acres). This equates to an overall density of 18.04 dwelling units per acre (332 units 1 18.40 acres = 18.04 du/ac). The density allowed is 12 dulac which equates to a total of 220 residential units (18.40 acres x 12 dulac = 220 units). The applicant is requesting an increase of 112 units above the two hundred and twenty units allowed (332 - 220 = 112 units). To support the increased density, fifty six (56) moderate income bonus units are needed (112 units / 2 bonus per workforce unit provided = 56). To obtain the increase density requested at least 56 units must be affordable [ow to moderate income. The applicant has indicated that out of the 332 residential units fifty six (56) will be workforce housing for low to moderate income families. Based upon the above, an increase in density to 18.04 units per acre can be granted. A condition of approval is attached that the location of the 56 workfiorce housing units be clearly depicted in the site plan. Pursuant to Section 4.7.9 (b), workfiorce housing units within a market rate inclusive development shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliance with market rate units and provide them as standard features. The applicant has indicated that the workforce housing units will be provided with the same standards appliances as those offered in the market priced residential units and will include range, microwave, firidge freezer, washer and dryer. Also, all HVAC systems will be provided by the same manufacturer and will be sized depending on energy calculations and floor area. For Sale Housing Units Pursuant to LDR Section 4.7.7, there are numerous requirements that apply to the sale of owner-occupied workforce housing units. These stipulations identify the terms under which these units need to be sold such as eligibility, occupancy, and terms of purchase. A condition of approval is attached that the units are sold in accordance with this section. Resale and Subsequent Rentals of Affordable Units Pursuant to LDR Section 4.7.8, to maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, numerous restrictions have been put into place on the resale of workforce housing. A condition of approval is attached that the terms of resale of these units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County. Work#orce Housing General Provisions Lot Premiums: Pursuant to LDR Section 4.7.9(e), there shall be no lot premiums charged on the workforce housing units, and thus, this is attached as a condition of approval. Covenants Enforcemen#: Pursuant to LDR Section 4.7.9(g}, the City of Delray Beach, its successors and assigns may enforce the covenants relating to the workforce units. No amendments to the covenants shall be 10 Planning and Zoning Board Staff } _ ;port, Meeting of August 20, 2007 Village Square -Conditional Use Request made unless by written instrument approved by the City; this is attached as a condition of approval. Review and Approval Process. Pursuant to LDR Section 4.7.90{a), final conditions of approval shall specify that the restricted units are priced and/or rented at workforce housing levels and shall state that those units shall be rented andlor sold to the eligible income group. The conditions will also specify the requirements far reporting to the City's Community Improvement Department on buyer eligibility, housing prices, as well as any applicable requirement to record a covenant or to enforce resale restrictions. A condition of approval is attached that requires the coordination to the Community Improvement Department on buyer eligibility and housing prices far the workforce units. LDR SECTION 2.4.5[E) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) {5}, in addition to provisions of Chapter 3, the City Commission must make findings 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 and east by RM (Multiple Family Residential) zoning district and OSR (Open Space Recreational); to the south partially by R-1-A (Single Family Residential) and Industrial zoning (I}, and to the west by LI (Light Industrial}. The adjacent land uses include: multiple family structures to the north; single family residential to the south; multiple family structures and the Delray Beach Memorial Cemetery to the east; and a vacant lot to the west. The proposed residential development will be compatible with the single and multiple family development patterns that prevail in the neighborhood. The additional residents should improve the stability of the neighborhood by increasing the number of "eyes" in the neighborhood. The development activity should have a posi#ive effect on redevelopment of neighboring properties. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5) for the conditional request to increase the density to 18.04 dwelling units per acre in accordance with the City's Workforce Housing program. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which s#aff has reviewed. It its noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Developmen# Regulations. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4,3 will be required. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. Townhouses and Townhouse Type of Development: Setbacks: Pursuant to LDR Section 4.3.3{O)(3)(a}, setbacks from the perimeter of the overall project shall be as established by the base zone district requirements which in this case is the Southwest 91 Planning and Zoning Board 5tatf ?. ;port, Meeting of August 20, 2007 Village Squara -Conditional Use Request Neighborhood Overlay District Development Standards. These setbacks from the perimeter of the overall project have been met (see chart below}. Pursuant to LDR Section 4.3.3(0}(3)(b), setbacks interior to the project shall be measured from the platted street system. Setbacks interior to the project have been met except for townhouse building TH-2 for which reliefi is being requested. Pursuant to LDR Section 4.3.3(O)(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) feet for atwo-story structure, nor thirty-feet (30) far a three story, or greater, structure. The proposed separation between the two story townhouse buildings is 25 feet. Thus, this LDR requirement has been met. Southwest Nei hborhood Overla District Develo ment Standards: Pursuant to LDR Section 4.4.6{F}(3)(a), within the Southwest Neighborhood Overlay District, the following development standards apply to duplex and multi-family development (non townhouse buildings) which are being developed pursuant to the FamilylWorkfiorce Housing Ordinance: _ Standard Provided Minimum'Buildng Setbacks f=ront {Auburn Avenue) 15'0" 15'0" (r3ei'imeter~ Side Street {SW 13"' Avenue) 15'0" 95'0"' Side Street (SW 12 Avenue) 15'0" 17'10" Side Street (SW 10 Street) 15'0" 16'5" Side Interior (south property line) 15`0" 19'0" -- Side Interior (north property line) 15'0" 15'3" _ Rear (east property line) 10'0" 18'2" As noted above, the proposed development meets or exceeds the perimeter setback requirements for all condominium and townhouse building except the setback required from the internal access tract for townhouse building TH-2. Building Setbacks -Internal Access Tract Pursuant to LDR Section 4.4.6 (F) (3) (a) the following set backs apply to multi-family development in the Southwest Neighborhood Overlay District, Carver Es#ates Overlay District and the Infill Workforce Housing Area {1) Front: 15' (2) Side (Street}: 15' (3) Side (Interior): 1 and 2 story 10' 3 story 15' {4) Rear: 10' Pursuant to LDR Section 4.3.3(0}{3}{b), setbacks interior to the project shall be measured from the platted street system. Building TH-2 does not meet the required building setbacks from the internal street systemlaccess tract. Far Building TH-2 the required side street setback (north side of the building) is 15' and 11' is provided; the require side street setback {south side of the 12 Planning and Zoning Board Staff. port, Meeting of August 20, 2007 Village Square -Conditional Use kequest building) is 15' and 4' is provided; the required front street setback (east side of the building) is 15 and 9' is provided, The applicant has requested an internal adjustment to reduce the building setbacks as follows: Internal adjustments fior Building TH-2 to reduce the required side street setback (north side of the building) from 15' to 11'; the require side street setback {south side of the building) from 15' to 4'; the require front street setback {east side of the building) from 15 to 9`. AI[ setbacks are measured from the proposed street systemlaccess tract [LDR Section 4.4.6 {1=) {3} (c)j. Infernal adjusfinent Analysis LDR Section 2.4.7 (C} Findings: Pursuant to LDR Section 2.4.7.{C)(5), concurrent with granting relief from a development standard or regulation, the granting body must make a finding that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such reliefi a superior product will result. The applicant has provided the following justification for the internal adjustment request: "The following is a brief description of what we believe to be good cause to receive approval for the internal adjustment: • The "T"shape of the site makes it difficult to locate the buildings. • An infernal streef system that will receive mostly local traffic. • An interior looped road to enhance the community ambiance and aesthetics. • This design will minimize Traffic speed and will promote a pedestrian friendly environment. • A development that provides great variety on the streetscape." The practical application of this requirement is to provide structures that do not appear overly massive or crowd the site on which they are located. The residential units contained within Building TH-2 are two-story in height. Also, the manner in which the building has been oriented will improve the streetscape and help to reduce any concerns of massing along the proposed interior street system. The "T" shape site does set same limitations for the design and location of the buildings and proposed improvements. The proposed sidewalk system and the variations provided in the front elevations will promote an attractive pedestrian friendly environment. The end units are offset eight feet from the center units this exceeds the minimum required (4') thereby providing greater variety on the streetscape. This additional offset helps provide a superior product. Consequently, a positive finding with respect to LDR Section 2.4.7(C) (5) can be made. Design Standards: As described below, the development proposal complies with the design standards for townhouse developments as outlined in LDR Sections 4.3.3(0}(4)(a) through (d): a) No more than two (2j townhouses may be constructed without providing a front sefback of no less than four feef { 4') offset fronf fo rear. 13 Planning and Zoning Board S#aff E: sort, Meeting of August 20, 2007 Village Square -Conditional Use Bequest The purpose of this requirement is to prevent a long linear appearance. The proposed development contains six teen (16}town house buildings which provide variation in the front and rear elevations as well as the roof line. The units are offset between 4 and 5 feet front to back. Thus, this LDR requirement has been met. b) No townhouse row shall consist of more than 8 units or a length of 200'. The proposal consists of sixteen (16} town house buildings which range from 117' to 16H' wide. There are six 6-unit buildings and ten 8-unit buildings. Thus, the proposed development meets this code requirement. c) Service features, garages, parking areas, and entrances to dwelling units shall, whenever possible, be located on a side of the individual lot having access fo fhe interr'or street. Walkways should be designed to connect dwelling unr'fs with each other and connect each dwelling unit with common open space. A 5 foot concrete sidewalk is proposed along the interior street system and in-front of each building. This sidewalk system connects all the units with the tot lot area, exercise room, kid's zone, pool and cabana area and to the existing sidewaik along Auburn Avenue, SW 12th Avenue, SW 13th Avenue and SW 8th Street. Also, walkways have beeri proposed from the rear driveways to the entrance of the units; walkways are also proposed through the courtyards of the condominium buildings and along the lakes that eventually connect to the public sidewalk system. dj Not less than 25% of the total area, less water bodies, shall be usable open space, either for recreational or some other suitable purpose, public or private. The basis for this standard is to assure that larger residential developments provide adequate recreational amenities. A tot lot, club house, exercise roam, kids zone, BBQ area, pool and cabana area are part of the amenities offered by this development. However, 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. A total fee of $166,000 will be required of this development for parks and recreation purposes prior to issuance of a building permit. It is noted, however, that three interconnected lakes with littoral planting are being proposed and that 33.2% of the balance of the site will be open space. Thus, the proposed development meets this code requirement. L.DR Section 4.3.4(K) ©eveiopment 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: Standard i?rovided Minimum Floor Area Two Bedroom Unit 900 sq. ft. 1,076 sq. ft. Three Bedroom Unit 1,250 sq. ft. 1,230 - 1,752 sq. ft. Maximum Lot Coverage 40% 26.46% MirEimum open Space' 25% 33.20% The table above indicates that the proposal complies with LDR Section 4.4.6(F}{3)(a) as it pertains to the Medium Density Residential (RM) zone district except for the three bedroom 14 Planning and honing Board Staff ~ ,..sort, Meeting of August 20, 2007 Village Square -Conditional Use Request units. Three bedroom units require a minimum area of 1,250 sq. ft. There are 90 condominium market rate units and 18 condominium workforce units that have only 1,230 sq. ft. Thus, it is attached as a condition of approval that floor plans for the condominium buildings be revised to comply with the minimum 1,250 sq. ft. required far three bedroom units. Recreational Amenities Pursuant to LDR Section 4.4.fi{H){3}, recreational areas shall be required for all new rental apartment developments; and of owner-occupied developments, which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tat 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. The Southwest Area Neighborhood Redevelopment Plan calls for the implementation of recreational facilities throughout the area where it is appropriate. The project is located in an urban environment and it is located approximately 70 yards south of Catherine Strong Park and approximately a mile south of Pompey park. Recreational opportunities for older children such as the community center and tennis center are located approximately a mile away from the proposed development. In addition, the proposed development has included a swimming pool, gathering room, kid's zone, BBQ pavilion area, exercise room, and a tot lot appropriate for toddlers. It is also noted, that a passive recreation area (three artificial lakes) is being proposed and that 32.55% (lakes excluded) of the site will be landscapelopen space. Passive recreational courtyard walkways with street benches are proposed as an additional amenity along the lakes. Based upon the above, compliance with this code requirement has been achieved. Reduction of Pavement Width: Pursuant to LDR Section 6.1.2(C) (3) {a), the minimum paving width for an interior road is 24 feet; however the paving width of the inferior roadway within the subject development proposal that runs along the townhouse units is only 22 feet. Therefore, the applicant has requested a waiver to reduce the minimum width. This reduction can only be supported if a prohibition of on- street parking is enforced throughout the community. The prohibition is to be addressed in the homeowners' documents. It is noted that pursuant to LDR Section 2.2.2(E} (6}, the Planning and Zoning Board does not have the authority to grant a waiver to this requirement; therefore a recommendation to City Commission for the approval or denial of the waiver is requested of the Board. The following is an analysis of the waiver request: Waiver Analysis: Pursuant to LDR Section 2.4.7(B) (5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (e) Shall not create an unsafe situation; or 15 Planning and Zoning Soard Staff: port, Meeting of August 20, 2007 Village Square -Conditional Use F2equest (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. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width ofi paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The development proposal provides a 22 foot wide street for the portion of the internal street system that runs along the townhouse units. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width far other townhouse projects such as Highland Grove Estates, Gramercy Square, Village at Swinton Square, Atlantic Palms, Atlantic Grove and Legacy at Sherwood Forest. In this particular request, the twenty two feet wide road will provide adequate area for large emergency vehicles to navigate the road. However, the reduction can be supported subject to the condition that the Home Owner's Association documents contain a prahbitian on the parking of vehicles within the street access tracts. Consequently, a positive finding with respect to LDR Section 2.4.7(B} (5} can be made. Parking Requirements: Pursuant to LDR Section 4.6.9(C)(2)(c), two ar more bedroom dwelling units shall provide two (2) parking spaces per unit and one-half (0.5} spaces of guest parking per unit for the first 20 units, plus 0.3 guests spaces per unit for units 21 to 50 and 0.2 guest spaces for units 51 and above. Within townhouse developments, driveways may be used for guest parking, provided that such parking does not result in the space for one unit impeding access to a space of the other. Based on the above, the three hundred and thirty two (332) residential units development is required to provide seven hundred and forty (740) total parking spaces. The development proposal will provide a total seven hundred and forty {740) parking spaces. One hundred and thirty six (136} parking spaces are provided within 116 one and two-car garages, 136 parking spaces are provided in the driveways in firont of the garages, 403 parking spaces within the parking lots of the condominium units, 18 parking spaces are provided as guest parking spaces along the interior street system throughout the development and 47 parallel parking spaces have been provided along SW 12th Avenue, SW 13th Avenue, and Auburn Avenue right-of-way. The proposed development has included a total of 16 handicap parking spaces while 15 handicap parking spaces are required. Pursuant to LDR Section 4.6.9(E)(2), where adequate right-of-way exists, construction of additional on-street parking spaces directly .and wholly abutting the lot, ar parcel, may be counted towards the off-street parking requirement of the lot or parcel it is intended to serve. Forty seven {47) on-street parking spaces are being provided. Fifteen (15} on-street parking spaces along SW 12th Avenue, 19 spaces along SW 13th Avenue, and 13 spaces along Auburn Avenue right-of--way. These on-street parking spaces can be counted towards the off- street parking requirement of the proposed development. Therefore, parking requirements have been met. Pursuant to LDR Section 4.6.9(D)(2}, provision for ingress and egress: each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or agey in a forward manner shall be provided, except when the street is a 16 Planning and Zoning Board Staff F: ~~rt, Meeting of August 20, 2007 Village Square -Conditional Use Request private street within a planned development and the street, at the location of the parking, has less than 200 ADT. The parking area of the condominium buildings does not provide an adequate maneuvering area so that a vehicle may be able to enter and exit the parking area in a forward manner. In addition, the proposed street, at the location of the parking, does exceed the 200 ADT threshold required in several areas, and thus, a waiver to this LDR requirement is being requested. The applicant has provided the following justification for the waiver request: "Even though our site plan exceeds fhe 200 ADT threshold and no adequate maneuvering area for the back-out spaces to access fhe street in forward manner is provided, the back-out spaces meet every other LDR requirement while providing far a superior product for fhe would be unit owners on fhe soufhwest side of the neighborhood. " "The condominium buildings affected by this secfion of the LDRs are townhouse type in character. The actual form of ownership of the unifs should not affect the requirement concerning fhe ingress or egress of the buildings. The intent of fhe code is met as fhis is a townhouse type development." Pursuant to LDR Section 2.4.7(B) (5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and {d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. It is noted that short parking segments are proposed along each condominium building and two streets provide access to the buildings which mitigate the impact of the 336 trips per segment. The access provided conforms with the minimal aisle standards requirements, and thus, safety concerns are not a concern. Compliance with this requirement would require redesign of the development and the elimination of many of the recreation amenities. It is noted, that the passive recreation area formed by the three artificial lakes (at different grade levels) will be provided with street benches and small water cascades as an additional amenity. The provision of this high quality recreational space is a priority and it would be jeopardized if an alternative parking solution is designed. A balance should be kept between the LDR requirement and the increase in quality of life that will be provided by the passive recreation area formed by the three artificial lakes. By granting this waiver a superior product will be achieved for the would be unit owners in the Southwest Neighborhood Area. The granting of this waiver will not create .an unsafe situation, significantly diminish the provision of public facilities, or adversely affect the neighboring area. The granting of this waiver will not result in the grant of a special privilege in tha# the same waiver would be granted under similar circumstances on other property for another applicant or owner. Based on the above, positive findings can be made with respect LDR Section 2.4.7 (B)(5) to support the waiver request. 17 Planning and Zoning Board Staff F _ ;~ort, Meeting of August 20, 2007 Village Square -Conditional tfse Request Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C) {1} (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent {2%) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 740 parking spaces provided, a minimum of fifteen {15} parking spaces must be handicap accessible. The proposed development has included a total of 18 handicap parking spaces while 15 handicap parking spaces are required, and thus, this LDR requirement has been met. Other Items: Bus Shelter: Pursuant to Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach and will coordinate with Palm Tran to improve the system. A Palm Tran bus stop and bus shelter easement shall be provided along the east side of Auburn Avenue and is to be depicted on the site plan. Thus, a condition of approval is attached that a bus shelter easement(s) shall be provided on the east side of Auburn Avenue along with a bus shelter to be installed with the development. The City will provide the standard detail for the bus shelter. Refuse enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates an the fourth side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes a trash compactor located at the northwest corner of the site to serve the condominium units while the townhouse units will have individual trash cans. The trash compactor area has been properly screened with an 8 foot high wall and a wood gate, and thus, this LDR requirement has been met Stacking Distance: Pursuant to LDR Section 4.6.9(D) {3} (c) (2), provisions must be made to provide for 100' of clear stacking in advance of ali guardhouses or securifiy gates. A guard house is proposed at the main entrance to the development along Auburn Avenue and a clear stacking distance of 100' has been provided. Thus, this LDR requirement has been met. Right-of--Way Dedica#ion: Auburn Avenue: Pursuant to LDR Section 5.3.1 (D) (2) and Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of--way width for Auburn Avenue is 50'. The portion of Auburn Avenue within the Village Square property lines will have to be dedicated. In addition, a dedication of a five foot (5'} wide sidewalk easement outside the 50' right-of-way will be required. Thus, a dedication of 50' and a five foot (5') wide sidewalk easement outside the 50' right-of-way for Auburn Avenue has been noted on the proposed development plans. Thus, it is attached as a condition of approval that the portion of Auburn Avenue between SW 18 Planning and Zoning Board Staff F...>~rt, Meeting of August 20, 2007 Village Square - Gonditional Use Request 7'" Street and SW 8t" Street including a five foot (5') wide sidewalk right-of-way easement shall be dedicated and executed as part of the plat for the proposed development. SW 12t" Avenue: Pursuant to Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-way width for SW 12th Avenue is 50'. Pursuant to LDR Section 5.3.1 {D} (2} an 80' R-O-W for SW 12t" Avenue is required, except as otherwise provided in Table T-1 of the Transportation Element of the Comprehensive Plan. Table T-1 requires only 50' while 50' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedications in right-of-way width. The City Engineer and DSMG gave reviewed this item and have determined that the current right-of--way width of 50' is sufficient far this section of SW 12t" Avenue. SW 8'" Street: Pursuant to LDR Section 5.3.1 (D) (2) and Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-way width far 8'" Streets is 60' and 40' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group {DSMG}, may grant reductions or required dedication in right-of-way width. The City Engineer and DSMG have reviewed the current right-of-way width for this road and have determined that a 50' right-of-way is adequate requiring a five foot {5'} dedication from this project for SW 8t" Street. Attached as a condition of approval is that a five foot (5') right-af-way shall be dedicated for SW 8t" Street and be executed as part of the platting process far the proposed development. In addition, the portion of right-of--way located between SW 13t" Avenue and SW 12'" Avenue must be abandoned to accommodate this development proposal. This abandonment is being processed separately, and if approved no modification of this plans will be required. If the abandonment is denied a modification of the plans will be necessary. SW 13t" Avenue: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SW 13t" Avenue, is 60' and only 45' of right-of--way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedication in right-of--way width, The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a five foot (5') dedication is required for the west side of SW 13i" Avenue and shall be noted an the proposed development plans as a condition of approval. Thus, it is attached as a condition of approval that a five foot {5'} right-of-way shall be dedicated for the west side of SW 13t" Avenue and be executed as part of the plat for the proposed development. SW 10t" Street: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of--way width for SW 10t" Street, is 80' and 120' of right- of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedication in right-of-way width. The City Engineer and DSMG have reviewed the current right-of-way width and have determined that a R-O-W of 100' would be retained for this section of SW 10t" Street. Lighting: Pursuant to LDR 4.6.8 (Lighting), site lighting must be provided. A site lighting and photometric plan has been provided to ensure compliance with LDR Section 4.6.8. One hundred and twenty nine (129} luminaries have been provided along the interior street system, condominium parking 19 Planning and zoning Board Staff 6 art, Meeting of August 20, 2007 Village Square -Conditional Use Request lots, and the west side of SW 12th Avenue, east side of SW 13th Avenue and east side of Auburn Avenue. Additional wall mounted fixtures are depicted on the porches and driveways of the townhouse units as well as the condominium buildings. Details of the wall mounted light fixtures have been provided, and thus, this LDR requirement has been met. Bicycle Parking: Pursuant to LDR Section 4.5.9{C} {1) (c) and Transportation Element Policy D-2.2 of the Comprehensive Plan, bicycle parking facilities have been provided in close proximity to the poollcabana recreational area, the tot lot, and south entry feature. In addition there will be a 5 space bike rack located in each breezeway of the condominium buildings far visitors and residents. However, it is anticipated that the occupants of the residential dwelling units will utilize their individual units for storage of their bicycles. Thus, this l_DR requirement has been met. Auhurn Avenue Left Turn Lane: Palm Beach County's requires an inbound left-turn lane where: ^ Daily volume on the adjacent roadway exceeds 10,000 trips per day; and ^ Driveway volume exceeds 1,000 trips per day; and At least 75 inbound right turns or 30 left turns occur during the peak hour. The applicant has submitted a traffic impact statement that identifies the vehicular impacts on the existing driveways. The development will have access via two full access driveway connections, one from Auburn Avenue and the other from SW 13th Avenue. The generated trips {InlOut) for the A.M. Peak Hour will be 231112 and for the P.M. Peak Hour will be 108153. The proposed development will generate 2,324 trips per day. Out of the 2,324 trips per day that will be generated 1,557 will be generated an the most northern driveway entrance to the development located on the east side of Auburn Avenue. This volume of traffic exceeds the Palm Beach County requirement of 1,000 trips per day threshold justifying an inbound left-turn lane. As reflected in the Turning Movement Worksheet submitted by the applicant 43 left-turn P.M. Peak Hour trips will be Gaming into the development from the main access driveway on Auburn Avenue. This volume of traffic exceeds the Palm Beach County requirement of 30 left-turn trips per day. While the current volume of Auburn Avenue does not exceed 10,000 trips per day significant increase in daily volumes are anticipated with redevelopment of the area. Given this increase and the exceeding of the other two volume criteria this development should accommodate a south bound left turn lane {north entrance} into the development. Therefore, it is attached as a condition of approval that this be a required off site improvement. Underground Utilities: Pursuant to I_DR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A Hate to this effect has been placed on the site plan. 20 Planning and Zoning Board StafF I Village Square -Conditional tJso E Plat: art, Meeting of August 20, 2007 As the development proposal will require the combination of individual properties as well as right-of-way easements and dedications, a plat must be processed and recorded prior to issuance of a building permit; and thus, this is attached as a condition of approval. Visibility Triangles: Pursuant to LDR Section ~4.6.14(A), when an access way intersects a public rights-~of-way or when the subject property abuts the intersection of two or more public right-of-way, triangular areas shall provide unobstructed cross-visibility. Visibility triangles have been depicted on the site plan and landscape plan and meet the LDR requirement. REVlEVII BY OTHERS Community Redevelopmenf Agency (CRAB At its meeting of August 9, 2007, the CRA reviewed the conditional use request and recommended approval of the conditional use request. Sile Plan Review and A earance Board: If the Conditional Use request is approved by the City Commission, a site plan application will be processed for final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ^ Mr. Randy Hughes, Auburn Trace ^ Ms. Bunny Elrod, Progressive Residents of Delray (PROD) Mr. Nick Simeus ^ Mr. Arthur Brown Public Notice: 1=ormal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of support or objection will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION: ~; The development proposal to construct a three hundred and thirty two (332) unit residential development is consistent with the policies of the Comprehensive Plan. The development proposal also includes an internal adjustment and a waiver request for pavement widths reductions and provision of maneuvering area so that a vehicle may be able to enter and exit the parking area onto a street in a forward manner to which positive findings can be made with 21 Planning and Zoning Board Staff F, :.art, Meeting of August 20, 2007 Village Square -Conditional Use Request respect to each. Consistency with Chapter 3 and Section 2.4.5(F) (5) of the Land Development Regulations will be achieved provided the conditions of approval are addressed. The proposed three hundred and thirky two (332) unit townhouse development represents 18.04 units per acre. The development proposal is required to meet the development standards as listed in LDR Section 4.4.6(1) and applicable sections of the Workforce Housing Section 4.7. In conclusion, findings of substantial compliance can be made with regard to all performance standards (a), (b}, {c), (d), (e), (f) and (g) listed in LDR Section 4.4.6(1} and the requirements of the RM zoning district will have been adequately addressed to support the proposed increase density of 18.04 units per acre. The development proposal includes the provision of 56 low and moderate income workforce dwellings units within the development in compliance with LDR Section 4.7 FamilylWorkforce Housing. Given the above, positive findings can be made with respect to both the Comprehensive Plan and all applicable LDR Sections and staff is recommending approva! of the Conditional Use request. j _ ALTERNATIVE ACTIONS A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the waiver requests {pavement width and 200 ADT), internal adjustment request (required front and side street setbacks) and conditional use request to allow for a density increase to 1$.04 dwelling units per acre for Village Square, 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 se# forth in Section 2.4.5(E)(5), 4.4.6(I)[Performance Standards], Article 4.7 [FamilylVllorkforce Housing] and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the waiver requests (pavement width and 200 ADT), internal adjustment request (required front and side street setbacks) and conditional use request to allow for a density increase to 12.40 dwelling units per acre Village Square, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(E}(5}, 4.4.6(1}[Performance Standards], Article 4.7 [FamilylWorkforce Housing] and Chapter 3 of the Land Development Regulations. ~ - RECOMMEN©ED ACTIc~N , . By Separate Motions: Internal Adiusfinent LDR Secfion 2.4.7 (C): Move approval of the request for internal adjustment for Building TH~2 to reduce the required side street setback (north side of the building) from 15' to 11'; the require side street setback {south side of the building) from 15' to 4'; the require front street setback (east side of the building) from 15 to 9', all setbacks are measured from the proposed street systemlaccess tract, 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 2.4.7(C) (5) of the Land Development Regulations. 22 Planning and Zoning Baard Staff ` art, Meeting of August 20, 2007 Village Square - Conditions! Use Request Waivers: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.2(C} (3) {a} to reduce the minimum pavement width of the interior roadway from 24 feet to 22 feet, by adopting the findings of fact and law contained in fihe staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6) (5) of the Land Development Regulations. Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.6.9 (D) (2) to waive the requirement that adequate maneuvering area shall be provided for a vehicle to enter and exit the parking area onto the street in a forward manner, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6) (5) of the Land Development Regulations. Conditional Use: Move a recommendation of approval to the City Commission for the conditional use request to allow for a densi#y increase to 18.04 dwelling units per acre for Village Square, 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 Standardsj, Article 4.7 [FamilyNVorkforce Housing] and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted site plan and addresses the "Exhibit "A" _ Technical Items and conditions of approval attached in the staff report; 2. That a plat must be processed and recorded prior to issuance of a building permit; 3. That the applicant provides a southbound left turn lane at the north entrance within Auburn Avenue; 4. That paver-block raised speed tables be provided along SW 12tH Avenue and SW 13tH Avenue as traffic calming devices; 5. That a bus shelter easement(s) shall be provided on the east side of Auburn Avenue and a bus shelter be installed. The City will provide detail on fihe bus shelter; 6. That the location of the 56 workforce housing units be clearly depicted within each building in the site plan; 7. That the workforce housing units are sold in accordance with Article 4.7.7; 8. That the portion of Auburn Avenue between SW 7t" Street and SW Stn Street including a five foot (5') wide sidewalk easement shall be dedicated and executed as part of the plat far the proposed development; 9. That a five foot {5'} right-of-way dedication is required for the south side of SW 8t" Street and shall be noted on the proposed development plans and be executed as part of the platting process for the proposed development; 23 Planning and Zoning Board Staff ~. ort, Meeting of August 2D, 20D7 Village Square -Conditional Use Fteques# 10. That the portion of right-of-way for SW 8"' Street located between SW 13'" Avenue and SW 12'" Avenue shall be abandoned or the site plan modify accordingly; 11, That a five foot (5') right-of-way dedication is required for the west side of SW 13'" Street and shall be noted on the proposed development plans and be executed as part of the plat for the proposed development; 12. That the Home Owner's Association documents contain a prohibition an the parking of vehicles within the interior street system and that a copy of such document be provided to the City; 13. That the terms of resale of the workforce housing units be included in the deed or restrictive covenant consistent with workforce requirements of LDR Section 4.7 and recorded in the Public Records of Palm Beach County; 14. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices; 15. That no amendments to the covenants shall be made unless by written instrument approved by the City; 16. That floor plans far the condominium buildings shall be revised to comply with the minimum area of 1,250 sq. ft. required for three bedroom units and that the footprints for the condominium buildings shall be revised in the site plan and landscape plan; 17, That no lot premiums be charged on the workforce housing units and that all workforce housing units shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliance with market rate units and provide them as standard features; and 18. That a composite utility plan be provided with the site plan application. Report prepared by: Estelio Breto, Senior Planner Attachments: Exhibit "A", Site Plan ^ Landscape Plan ^ Elevations, Engineering Plans ^ Location Map 24 Planning and Zoning Board Staff h:. art, Meeting of August 20, 2007 Village Square -Conditional Use Request EXHLBIT °`A" _. TEGHNIC~L ITEMS Preliiminary Engineering Technical Comments: 1. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 (A}, {B) and (D). Existing grades should be taken approximately 10-feet outside all subject property lines for all adjacent properties. Survey shall provide sufficient information to determine historical drainage pattern. 2. The survey, site plan, landscaping plan and preliminary engineering plan shall be at the same scale per LDR Section 2.4.3 (B) (1), All plans shall be drawn on 24" x 3fi" sheets andatascaleof1"=10`, 1"x20'or1"x30'. 3. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria {1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. See LDR Section 2.4.3 (D) (4) and {7}. 4. Clearly dimension driveway width. Maximum driveway width of driveway is 24 feet. 5. Provide bus shelter easement{s} and install bus shelter. City will provide detail on bus shelter. 6. Indicate sight distances at all ingresslegress points and all intersections. Sight triangles should be indicated on landscape and engineering plans. Provide copy of the approved landscape plans. Per Section 4.6.14 of LDRs, any landscaping in the site triangle "shall provide unobstructed cross-visibility at a level between 3-feet and 6-feet" this includes tree trunks. 7. Proposed water main should be looped. 8. Minimum size of wafer main in City of Delray Beach is 8-inches. Material of proposed water main is to be Ductile Iron Pipe or C-900. 9. Indicate location of irrigation water meters (east of I-95 only} on engineering plans. 10. Provide exclusive 12-feet water and sewer easements over water and sewer mains. 11. A clean-out will be required on the proposed sewer service at the right-of--way line andlor easement line. Provide on the detail sheet City of Delray Beach Standard .Detail. Multiple sewer service cleanout connections are not allowed, only double service connections, see City of Delray Beach Standard Detail WW.4.1, 12. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any frees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2," These Details are to be shown an the Landscape Plans. 13. Show all easements on Landscape Plans. 14. Developer to ensure that no landscaping is planted over any exfiltration trenches. 25 Planning and Zoning Board Staff .: art, Meeting of August 20, 2007 Village Square -Conditional Use Rtyuest 15. A minimum 10-feet general utility easement is to be provided through the property. 16. Provide location of proposed street lights and address responsibility for installation and maintenance per L,DR 2.4.3 (D) {6}. 17. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the City of Delray Beach Engineering Department, 434 S Swinton Ave., Delray Beach, Ft_ 33444. 18. 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Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 14, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 FY 2010-2014 PROPOSED CAPITAL IMPROVEMENT PROGRAM (CIPI ITEM BEFORE COMMISSION This agenda item is an overview of the proposed FY 2010-2014 Capital Improvement Program (CIP) BACKGROUND Staff will present an overview of the proposed FY 2010-2014 CIP. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 10, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 SPECIAL EVENT AND MISCELLANEOUS GRANT FUNDING RECOMMENDATIONS/GRANTS COMMITTEE ITEM BEFORE COMMISSION Commission is requested to review the Grant Committee's recommendations for funding of requests from the Commission Special Event line item and Miscellaneous Grant division for fiscal year 09/10 and provide direction. BACKGROUND Attached is a cover memorandum to the City Manager with the committee's funding recommendations for funding requests for FY09-10 from the Special Event account and the Miscellaneous Grant division with summaries of information contained in the applications. The committee recommends a 10% reduction in funding of special events and a 5% reduction in funding for miscellaneous grants and did not recommend funding for any organization not funded in FY08-09. In addition, attached is a request received subsequent to the committee's recommendations from Jane Bassa-Tolliver in the amount of $10,000 for "Project Unity", whose purpose would be to unite citizens through stories about Delray Beach. If Commission were to consider this request, I would recommend it be contingent on Ms. Tolliver's receipt of other funding to offset the cost of this project. Commission would also need to consider reduction in other funding recommendations to accommodate this one. RECOMMENDATION Staff recommends consideration of the Grants Committee recommendations for funding for FY09-10 and the additional request received from Ms. Tolliver. .~ ~~~ ADMINISTRATIVE SERVICES MEMORANDUM TO: David T. Harden, City Manager FROM: N'` Robert A. Barcinski, Assistant City Manager JUL 2 2 209 DATE: July 22, 2009 GlTY MANAGER SUBJECT: Special Event and Miscellaneous Grant FY09-10 Budget Request Recommendations The review committee consisting of myself, Alberta McCarthy, Lula Butler and Howard Ellingsworth met today and have completed our recommendations for funding. A copy of the recommendations and other information is attached. The committee first heard presentations by the arganizations who requested funding. After all presentations were made and questions answered, the committee made two passes to arrive at the final recommendation. The committee recommended only funding organizations funded last year in the Special Events category with a 10% reduction from the eu~xent fiscal year budget. The committee recommended only funding organizations funded last year in the Miscellaneous Grant category with a 5% reduction from the current fiscal year budget, except for the City's share of the salary cost for the Economic Development Director. The committee only agreed to fiend 25% of the salary of $90,000 as required by our agreement with the CRA. if you have any questions, please iet me know. Attachments cc: Lula Butler Howard Ellingsworth Lisa Herrmann Alberta McCarthy U:lwwdalalAdm Services MemoslhAemo to DTH re Special Event and Misc Grant FY49-10 Budget Req Rec°mmendations.doe FY09-10 j _...~- -~ ___ .__.. .................. Special Events, Miscellaneous Grants -_ _~ ___ ____ W~~ Other Grants Budget Recommendations .__ ~ _. _ __._. F_-_..__ _ _~ _.. __ E~ents FY08-09 Special FY09-10 FY09-10 _ Organization I Budget I Reauests Recommend { Cuts AVDA 5K Walk $ 1,500.00 i $ 3,000.00 ' $ 1,350.00 DMC -Christmas Tree j $ 25,D00.00 $ 25,000.00 $ ,22,500.00 ~ ' MLK Celebration $ 5D0.00 ~ $ 500.00 ~ $ 450A0 ' i Sister Cities $ 2,000.00 ~ $ 2, 500.00 I $ 1 800.00 SUBTOTAL $ 29,000.00 I $ 31,000.00 ~ $ 26,100.00 -10.00% __.._ .~ _.-__ ~~ _. Misc Grants '' I ~ __ ~ _. Chamber CommerceJi=conomic _ _._ __ +-- Development Director Share $ 25,000.00 $ 25,DDD.00 Achievement Center ~~ $ 25,000.00 $ 25,0OO.OD ~ $ 22,500.OD $_ 23,750.00 j _._--''~ . _ __.__~ Boys & Girls Club 30,000.00: __ ~_.._ $ 50,000.00 $ 28,500A0 _ EPOCH $ 35,000.00 i $ 60,000.00 II $ 33,250A0 Friends of Sandoway House $ ,000.00 _, ' $ 24,000.00 ~ DMC -Fireworks $ 40,OODAO AVDA -__ # $ - ' $ 40,000AO I $ 25,000.00 ' $ 38,OD0.00 +- -- _... : $ ~ ' Mae Volen ' $ - ', $ 10,OOOAO $ Hospice __~ '~ $ $ 10,000.00 1 $ _ m - African intl Christian Ministry ' $ - $ 40,000.00 $ - I I Museum of Life & Fashion History ~..$ - $ 15,000.00 $ _ - _ ' ' _ Drug Abuse Foundation ~ - ~ ~ $ 40,E DDaoo _ .._ - ~ ~, $ ~ __ _ ~_._ _ ..... _._.__ _ _.- _. SUBTOTAL $179,000.00 I ~ $ 364,000.00 ' $168,800.00 -5.00% _ _..._ GRANR TOTAL I $ 208,000 00 ~ $ 395,000.00 j $194,900.00 *$2,500 extra taken j from Econ Deg Director U:~xldata~FY09-10 Special Events, Mise Grants, Other Grants Budget Recommendations to City Mgr.xls FY09~10 Special Even#, Miscellaneous Gran#s, Other Budget Requests Summary Ynformation I. Special Events A. AVDA 5K Walk (501(c}3} 1. Fund Use: Ianprove and promote 2009 5K Event 2, 2009 Event projected net income $75,185 2008 Event net income $39,434 3. Other Funding Sources: Other sponsors/participant fees B. DMC Christmas Tree 1. Fund Use: Offset costs to pay electrical contrac#or and metal cons#ruction company for 2009 2. City has an agreement with DMC to contribute $25,000 in FY09-10 3. FY09 total budget estimate: Revenues $1.88,500 Expenses $173,G00 4. Other Funding Sources: Sponsors, retail sales, DDA grant, other donations C. MLK Celebration 1. Fund Use: Help offset cost for supplies, cake, trophies and ribbons 2. Total event budget $1,200 3. Other Funding Sources: Donations fra~n churches and private individuals D. Sister Cities (501(c)3) 1, Fund Use: Ilelp offset administrative costs, gifts and Young Artist Contest 2. Total budget FY09-10 $38,075 3. Current fund balance 5131109 $44,2$8 U:I~vwdatalSpeciat Event RequestiFYt79-1 D Special Event, 3vtisc Grants, Dther Budget Req Summary.doc Fyo9-io Miscellaneous Grant Budget Requests Summary Information I. Miscellaneous Gran# Requests A. Share Cost Chamber of Commerce Economic Development Director 1. Fund Use: Fund 25% cost of this position 2. Total Budget: $90,000 plus fringe benefits 3. Other Funding; 75% from CRA 4. Other: City entered into 2 year agreement with CRA on 2125109 B. Achievement Center for Children and Families: 501(e}3 1. Fund Use: Used #o subsidize child care direct costs as well as after and out of school elementarylmiddlesehool children, extended day care at the Village Academy and teen program at Village Academy 2. Percent of Delray residents se-•vcd: 99% 3. Total budget: $2,838,000 4. Other Funding Sources: Foundation and private grants, CluIdren's Services Council, United Way, City Parlcs and Recreation Department 052,000}, City Community Development Division ($78,750), other County and State grants 5. Other information; + Auclit received • Budget year -July 1 through June 3D • Budget received: Yes, sending new oa~e for FY09-10 -received C. Boys and Girls Club of Palm Beach County: 501(c}3 1. Fuud Uses: Help offset program cost to provide services at the Delray Beach facility, which includes homeworl{ and tutoring assistance, mentoring, computer training, leadership and other educational programs. Services children 6-18 years old in economically depressed area. 2. Percent of Delray residents served: 89% 3. Total budget: $660,073 4. Other Funding Sources: United Way, other private founds#ions, State grant 5. Other information: + Audit received Budget year -October 1 through September 30 BYrdget received: Yes, FY08-09 have not prepared Fy09-10 yet U:1~«vdata1FY09 Misc Grant Budget Req Summary infor.doc D. EPOCHIS.D. Spady Cultural Heritage Museum: 1. Fund Uses: Used to support Spady Museum Operations 2. Percent of Delray residents served: 57% 3. Total budget: $536,900 4, Other Funding Sources: CRA, Institute for Museums and Library Services, Junior League Boca Raton, State and County grants ($3$,588), other foundations ($105,000), event & memberships {$47,000) and corporate sponsors 5. Other information: • Audit received • Budge# year -October 1 through September 30 • Budget received: Yes, FY09-10 • City o~~ned property leased to EPOCH • City maintains grounds, exterior of building and A/C E. Friends of Sando~vay House: SOI(e)3 1. Fund Use: For educational and operating expenses 2. Percent of Delray residents served: 75% 3. Total budget: $158,400 {2009) 4. Other Funding Sources: Foundations and other private sources, memberships, fund raisers, program income 5. Other information: • Audit received, tax return for 2008 • Budget year -January 1 through December 31 • Budget received: Yes, calendar year 2009 • City leased propertylsublease to FSH • City maintains grounds, exterior building and A/C F. DMC Fireworks: 1, Fund Use; Offset costs for 411i of July activities 2. Percent of Delray residents served: Unknown 3. Total budget: $G8,000 (2009) 4. Other Funding Sources: Sponsors 5. Other information: • Audit: Financial statement for 2008 unaudited • Budget year - January 1 through December 31 • City has agreement through 12/31/11 with DMC to provide $40,000 for this event. U:ln~•datall'YD4 Mise G€ant Budget Req Summary Infor.doe G, Aid to Victims of Domestic Abuse, Inc.; 501(c)3 1, Fund Use: For emergency shelter and case management services for victims of domestic abuse. 2. Percent of Delray residents served: 8.5% 3. Total budget: $849,079 4, Other Funding Sources: State and County grants, United Way, Boca Raton fundraisers S. Other information: • Audit received • Budget year - Juiy 1 through June 30 • Budget received: Yes, FY09-~10 H. Mae Volen Senior Center, Inc.: 501{c)3 1. Fund Use: No costllow cost transportation services for seniors 2. Percent of Delray residents served: 14% 3. Total budget: $1,302,793 (FY08-09) (Transportation only) $4,868,920 Total 4. Other Funding Sources: State, County and City grants, memberships, United Way, program income, other donations and rental income. 5. Other information: • Audit received • Budget year -July 1 through June 30 • Budget received: Yes, FYOS-09 I, Hospice By the Sea: 501(c)3 1. Fund Use: Provide medical care and comfort to terminally ill patients and their families. 2. Percent of Delray residents served: 9.05% 3. Total budget: $37,201,180 4. Other Funding Sources: Billing to patients, reimbursements from Medicare, Medicaid and private insurance, other cities, and local foundation S. Other information: • Audit received • Budget year -July 1 through June 30 • Budget received: Yes, FY08-09 11:1~i~i~data1CY09 Misc Gram Budget Cteq Summary Infor.dac J. Africa International Christian Mission, Inc.: 501{c)3 1. Fund Use: Provide food to homeless (15), elderly (20}, low income families {20) and Thanksgiving baskets (150) 2. Percent of Delray residents served: 11.66% 3. Total budget: $320,000 4. Other Funding Sources: None, cannot determine from information submitted 5. Other information: • Audit: None received • Budget year: Could not determine • Budget received: Yes, but no revenues, nor can we tell what year K. Museum of Life Style and Fashion History: 1. Fund Use: Help support cost of bus tours and educational work books. 2. Percent of Delray residents served: 50% 3. Total budget: $22,400 4. Other Funding Sources: Corporate sponsors, admission fees 5. Other information; • Audit: None received • Budget year: Cannot tell from information received • Budget received; Yes L. Drug Abuse Foundation: 501(c)3 1. Fund Use: Provide substance abuse services both residential and outpatient services. 2. Percent of Delray residents served: 13% 3. Total budget: $2,421,514 4. Other Funding Sources: State and County agencies, United Way, client fees and donations. 5. Other information: • Audit received • Budget year: Budget year -July 1 through June 30 • Budget received: Yes, FY08-09 In past years, funding given to the Drug Abuse Foundation comes from the City's sponsorship for the Chris Evert Tennis Tournament. By contract agreement, they are to receive 50% of the sponsorship. Amount far FY09~10 is $21,800. U:IrG~vdata1FY69 ivlisc Grant Budget Req Summary I~tfor.doe INCORPQRATED President David Harden City Manager City of Delray Beach 100 N.W. Ist Avenue Delray Beach, Florida 33444 Dear Mr. Harden, ~~c~rv~ ~u~ 3 ~ zoos CITY M~1N,~GFF~ July 31, 2009 Thank you for meeting with me to discuss "Project Unity" Celebrating Delray Beach. We are excited about the positive impact that "Project Unity" will have on the residents of Delray Beach. I have had discussions concerning the project's concept with various members of the community far the last four years. Everyone agrees that it is an excellent idea. Perfect Results, Inc. is committed to unifying the people of this great city. This goal will be achieved by uniting the people of Delray Beach through stories and knowledge about the town we call home. I would appreciate it greatly if a member of your staff would present the enclosed proposal far funding consideration. The amount being requested from the City of Delray Beach is $10,000 dollars. We would seek to have the funds available no later than September of 2049. "Project Unity" is a Sale Source project that is being presented for funding consideration by Perfect Results, Inc. We are a Florida based corporation, located in the City of Delray Beach. I maybe reached at: Perfect Results, Inc. P. O. Box b335 Delray Beach, Florida 33482 Ph: {561) 278-3577 Email: perfectresults(a,att.net Sincerely, Jane Basso-Tolliver PUBLIC RELATIONS • COMMUNITY OUTREACH VIDEO PRODUCTION EVENT P!_ANNING • ADVERTISING • MARKETING • VOICE OVER • TELEVISION PROGRAMMING office: 5fi1-278-3577 Email: pertectresults@bellsouth.r~et P.O. Bax 6335 • Delray Beach FL. 33482 Jane Basso Tolliver Submitted: July 31, 2009 Submitted by: Pet•feCt Results, Incorporated Jane Basso-Tolliver, President P.O. Box 6335 Delray Beach, F133482 561-278-2577 Email address: PeY•fectresults cr,att.net Project Summary Ob_lectiye: "Project Unity" Celebrate The City QfDelray Beach is a community outreach initiative that is designed to create unity among the residents ofDelray Beach, Florida. "Project Unity" will enhance the positive image of the Gity ofDelray Beach. This project will strengthen bands between families, city government, agencies, and civic and social organizations. The project will enforce the successful effort of the City ofDelray Beach in the areas of diversity, race relations, public awareness and community outreach. The project will also serve as a communications vehicle by providing positive information to the general public regarding city related success stories. Methodolo~y:_ Perfect Results, Inc. proposes to coordinate and produce a series of community outreach events that will stimulate positive dialogue and interaction among residents within the city ofDelray Beach. A series of video profiles will be produced on various topics. These topics will include history, current success stories, profiles on the city's growth and development and highlights of current events. Community gatherings will also be video taped allowing the dialogue among residents and government to be documented far promotional purposes as well as posterity. The video series will also serve a.s a permanent visual archive for the City ofDelray Beach. Three (3) parts will comprise the television series. The project will launch in September of 2009 with a finale in June af2410. Pro.Zect Componants: Perfect Results will serve as consultant and producer of "Project Unity". The City ofDelray Beach would partner with Perfect Results, Inc. as the featured city being promoted in the "Project Unity" series. The three (3) part television series will be videotaped at various locations in Delray Beach. Individuals, organizations and diverse groups will be featured in the series. ~ec~ U~ilkyr Ce~e~~#e wee ~i~y PrAiect Com~onenfs: The following is a sample of profiles far consideration: La France Hotel Roots, Inc. Church Organizations Spady Musuem Old School Square Delray Tennis Center Delray Beach Public Library Gity Development / Busi~~ess Development Sister Cities Footage Morikami Museum Local Festivals Public Schools Civic /Social organization profiles Historical Satiety All-America City Footage CRA prof les WARC prof les Local Business profiles ProleCt Benel~ts: Project Unity will unite the citizens of The City of Delray Beach through shared history, success stories, fellowship and positive media -marketing exposure. Project Unity will link together many of the organizations that exist within Delray Beach that share a common goal in fostering harmony. Project Unity will highlight the best in us all while strengthening and motivating us to stand united. I3u_ d The cost projection includes: • Production cost far (3}thirty minute television programs • (3} Special Community Events • (3} Town Hall video taping sessions -designed to inspire residents to share their personal and positive experiences • (1}Printed publication --will include success stories contained within the television series along with selected profiles from various components from the series. • Administrative Costs • Marketing -prize giveaways, publications, etc. Total Budget X120,000 dollaz•s Request: Perfect Results, Incorporated is requesting that the City of Delray Beach partner with us by providing none-time sponsorship in the amount of $10,000 dollars. Perfect Results, Inc. will identify the remaining funding through private and grant sources for "Project Unity". MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 FACILITY AND PAVILION RENTAL FEE CHANGES ITEM BEFORE COMMISSION City Commission is requested to approve changes to the rental fees for Parks and Recreation facilities, pavilions and field rentals. BACKGROUND Attached are the recommended facility and pavilion rental changes and rental comparisons to area cities and the South County Civic Center. The Parks and Recreation Department charges for the rental of facilities and pavilions but the charges have been inconsistent throughout the department. The proposed changes are recommended to create a uniform fee charge applied to all divisions. We have increased some of the fees for facility, pavilion, and field rentals. Summary of changes: Homeowners Associations and Community/Civic Groups presently are not charged for the use of our facilities (see attached list). We recommend a charge of $30.00 per meeting. All facility rentals will have a refundable deposit attached to the agreement. "505" Teen Center facility will charge $90.00 for the first 3 hours and $20.00 per additional hour. Skate Park will charge $100.00 for the first first 3 hours and $40.00 per additional hour. If a rental charges admission, the fee is $250.00 for the first 3 hours plus 50% ticket sales. Increased fees are recommended for the rental of 3-way room from $60.00 to $90.00 and 2-way room from $40.00 to $60.00 for 3 hours. All pavilions will be charged the same fee, regardless of size, and tax will not be included in the fee. Rental fees for pavilions ranged from $30.00 to $35.00 per 4 hours and $60.00 to $70.00 all day without tax. New rates will be $50.00 for 4 hours and $90.00 all day. Veterans Park Gazebo will be increased from $85.00 to $110.00 for 2 hours and $170.00 for 4 hours to $200.00 for 4 hours. Atlantic Dunes Park Pavilion will change from $85.00 for 4 hours and $170.00 all day to $110.00 for 2 hours and $200.00 for 4 hours. Veterans Park Gazebo and Atlantic Dunes Park Pavilion are popular sites for wedding ceremonies. Field rental rates will change from $35.00 to $50.00 per 2 hour rental. Charges for lights will change from $10.00 to $30.00 per hour. The "hourly supervisor fee" name is proposed to change to "after hours/weekend fee" ($25 per hour) - all sites will charge the same facility rental pricing from 5:00 pm Friday to midnight Sunday. Addition of two pavilion rentals is recommended: Pompey Pool Canopy and Veterans Park Pavilion located at the east end of the building. The recommended fee changes result in a projected $46,730 in additional revenue for FY 09-10. RECOMMENDATION Parks and Recreation recommends City Commission approval of the Facility, Pavilion and Field Rental changes. LL LL T O ~ ~ O N O - i ~ N C ~ ~ y O ~ E ~ ~ ~ O ~ > -o ~ C V O l10 v N O T ti ' y C > Y O y L -o U C !10 tL O f6 't, d ~ ~ O y - U ~ i C V1 i0 = p LL ~ ~ L -O > ~ O y `~ ~ t -O > y0 t6 O ~ y d Q ~ i a l10 ~ O ~ L ~ fo ~ - °J c c ~ fo °J v R i o c y a °~ v v y ~ y i~ C -"' y~ v y o a ~ 3 .~ X 3 0 o a y o ~ y ~ ° ° ', O ~ io .~ .- E a ~ ~ -o io .~ O Ol O O C L O - O Ol vt H O Z S U L H O 3 3 3 3 3 3 3 0 0 0 0 0 0 0 ~ ~ ~ ~ ° ~ ~ ~ ° o o ti ~ c - - - o0 0 0 0 0 ~ 0 0 0 0 - - - ~ ~ - - ~ ~ y y y v y y y y y v y y ~ ~ L T ~ ti ~ ~ Ti ~ p O - _ ti ~ O H ~ ~ H L L W_ ~ t/T a, rn O m m ~ F t/? iJ? 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O ~ ~~ -O ~ O C T O ~ U n - L7 ~ E o ~ ~ ti ~ U d Q ~ O ~ U O ~ \ C fl O N >~ 4J ~ O ~ vl d ~ ~ ~ C ~ ti ``-, ~ a t 3 C y y T C 5fi O V U d d d ~ `_ 4J E 4J ~ 4J O- ~' J O O 4J a) - O N ~ N S U H H cn c/i vi a > cC i0 y N <IJ y y y y C C - - - - - - - - - - O O - .U - - - - - ~~ '~ y y ti ~ ti ti d d Muncipal facility Ren~a1 Comparisain as of 815iD9 Lnaation type Rental #ee De osit After hours fee MalirltenariCe set up tee F3efra Beach 3-wa room $6013 hours $10D $25ihr $tiD 2-wa room $4Dl3 hours $100 $251hr $60 1-wa room $3013 hours $100 $251hr $ti0 m - no admission $10013 hours $200 $251hr $BO -admission - ~ 50% of ticket recei is $250 $200 $25ihr $6D kitchen re /warmin cirri $3013 hours kitchen cookie $100 Additional hours $20Ihr Boca Proton room ca aci 144 $144-71$ $100-250 *re airs insurance room ca aci 88 $87-360 $100-25D room ca aci 44 $45-945 $100-250 room ca aci 15-30 $56-206 $100-250 Bo ntan Beach art studiafclassroom $25-60lhr $300 $351hr $50-950 *re wire insurance meetin lactivi ! ro ram room $35-85~r $300 $35fhr $50-150 *fees defined b resident auditorium $50-1701hr $300 $35fhr $50-150 acrd non or far roi•st m $50-170ihr $30D $35fhr $5D-950 event room intracnastal erk clubhouse $100-3D0>hr $300 $35Ihr $50-95D multi- u ose room $45-9351hr $300 $35Ihr $54-150 roams A&B rims center $40-~1301hr $300 $35Ihr $50-950 roam C suns center $8D-26DIhr $$00 $35Ihr $50-15D Greenacres m $1DDIhr $950 $30lhr room ca aci 40 $501hr $25 $30/hr room ca aci 28 $35fhr $25 $30Ihr room ca aci 15 $201hr $25 $301hr kitchen _ re and $101hr $25 $3Dlhr Ju It®r m $100-700 $100-1,000 $25Jhr $100 *fees defined b resident auditorlumista a $30-350 $100-9,000 $25lhr $100 and non nrfor rafit 2I3 auditorium $20-220 $100-1,OOD $251hr $10D 113 auditorium $10-11p $100-1,000 $251hr $10D multi- ur ose room $5D-575 $1DD-1,000 $251hr $100 Kitchen - coterie $900-250 $100-'1,000 $251hr $100 civic center ca aci 700 $200-300 $250 no staff $1flD old town hall ca aci 50 $7D-251hr $100 no staf€ $100 Lake Worth roams $16014 hours $10D m $100-i501hr $300 additional hours $501hr South Coun Civic Centers civic -classroom $5-1Dlhour $50-75 $15lhr $5-1D civic -assembl room $10-151hr $250 $151hr $15-20 civic -combination of 2 rooms $15-201hr $250 $15lhr $95-25 civic -entire assembl rooms $20-25ihr $250 $151hr $2D-35 rivate -classroom $301hour $75 $15Ihr $30 rivate - assemb roam $50-6Dlhr $250 $15Ihr $25 rivate - combination of 2 rooms $85-100ihr $25D $151hr $50 rivate -entire assembl rooms $95-175ihr $250 $95Ihr $65 Town of Palm Beach auditorium $851hr $200 $25Ihr $251hr meetin room $65Ihr $200 $25Ihr $25lhr add $15lhour for weekend -require minimum 4 hour rental prepared by tVlelissa Backus 815!2009 ..~. D~~~~ oe~Rar s~ncH i ~~ ~ Bi~~r.CH n~ ~~ ~ Yarks~n $ ~/g. .~ Y993 O R [ DDO ~~~ ~~ I~SC~I C.~ 2008-2009 PROGRAM 1NSTRUCT0RI PHONE DAYIS TIME AREA SESSION COST CONTACT 01= USE LENGTH RINR A[-Anon Jeanne Hess 414841 B Tuesdays 7:00 p.m.- Community Ongoing -0- B:OD p.m. Center R A Jeffrey Passin &840753 Fridays 7:00 p.m. - Community Ongoing -0- . . 9:00 .m. Center R.P. A.A Hugh I'leva 865-49B7 Saturdays 9:DD a.m. - Community Ongoing -0- . 2x er mo. 1:0D .m. Center A.K.A. Sorority Mary Rudolph 278-741$ Second 10:0D a.m. - Community Ongoing -0- Saturda .. 1:DD .m. Center "60 Sorrcettsing" Singles Martha Mekul 499-276$ Second 11:30 a.m. - • Community Ongoing -0- Wednesday 1:0D p.m. Center Hispano-Latino Cultural Janie Ramirez 276-3396 Thursdays and 7:00 p.m. - Community Ongo'sng -0- Alliance Fridays 9:00 p.m. Cen#er Masonic Lodge #201 William Barr 754-422-7680 First and Third 7:30 p.m. - Community Ongoing -0- Thursday 9:00 p.m. Center You are tVot Alone iaave and Creig Smith 637-0432 4#h Thursday 7:00 p.m. - Community Ongoing -0- Bvery Month 9:00 p.m. Cen#er /I ~ {~ ~' ~S ~'. ACTIVITIES INSTRUCTOR! PHONE DAYIS T1ME AREA SESSION COST CONTACT Olr USE LENGTH RINR Aerohics Sandy Hughes 272 7897 Monday, Wed. 9:D0 a.m. - Gym Ongoing °l° to 5aturda s 10:00 a.m. CC Aerot}ies Sandy Hughes 272 7897 Tuesdays and 6:D0 p.m. - Gym Ongoing % to Thursda s 7:0D .m. CC Baton Jeanne Chwalik 276-4603 Wednesdays 4:3D p.m. - Gym Ongoing °/° to 7:00 .m. CC Baton Jeanne Chwalik 276+603 First Saturday 10:30 a.m. - Gym Ongoing °/° to CC Of Month 3:00 .m. Badminton Devina Kirpliani 994-3685 Thursdays 7:00 p.m. - Gym Ongoing Gym Rental 9:D0 .m. Badminton Devina Kirpliani 9943865 Sundays 2:0D p.m. - Gym Ongoing Gym Rental 5:00 .m. Karate Ronald Brown 3D5-2316 Mondays and 6:00 p.m. - 3-way roam Ongo'sng °/° to CC Wednesda s 9:00 .m. Gymnastics Julie Willmatt 445-3630 Thursdays Various Gym Ongoing % to CC Times Cathedral of hope Winston Hudson 860-2077 Sundays 9:0D a.m. - Gym Ongoing Gym Rental 1:00 .m. Pliates Chrissy O'Boyle 6708395 Ta Be TBD Gym Origning Gym Rental Determined HOMEOWNERS INSTRUCTOR! PHONE DAYIS TIME AREA SESSION COST ASSOCIATIONS CONTACT 01; USE LENGTH RINR Villas of Rainberry Lake Linda Goddard 276-9738 Third Monday fi:30 p.m. - Mahogany Ongoing -0- Manthl 9:0D .m. Windy Creek Lois Wilson 496-7556 Second 7:00 p.m. - Mahogany Ongoing -0- Tuesda 9:0D .m. Kokomo Key Christine Lucenti 641-1016 Third 7:00 p.m. - 3-way Room Ongoing -0- Wednesda 9:0D .m. Attantic Grove Tate Futter 239-1255 6 timeslyear 6:0D p.m. - Conference N1A -0- B:00 .m. ~, DELRAY '~~~~~,IEacH 1995 snas PC)MPEY PARK 2oosw2ooo ~a~~P~ ~. 6~iP~V BEACH Packs„ ~1 Recreai~'on ~n ~It"ICS CLASS INSTRUCTORI PHONE [}AYES TIME AREA SESSION COST CONTACT 0~ IJSE LENGTH R1NR Adu3t Folk Dancing Class Mrs. Esther Mazor 561-488-0664 Tuesdays 10:30am- Gymnasium November--~ $5,00 561.615.1560 12:30pm May per Class Computer Training Class Mr. Dean Simmons 561-376-8514 Monday- 9:30am- Computer Lab Weekly-Year FREE Thursday 11:30am & Round 2 Sessions 6:30pm- 8:30 m Economic Solutions-Business Ms. Der4ine Pierre-Louis 561-259-1265 4th Saturday 10am-fpm Auditorium & August- FREE Trainin Seminar Kitchen becember Greenwave Consulting Ser- Mr. Robert Brown 5fi9-470-6894 3rd Saturday 10am-fpm 2 Way tZoom Monthly-Year FREE vices-Communit Worksho 954-592.7096 #2 Round Low Impact Aerobics Mr. Ronnie McNair 561.739-9289 Tuesdays & 6pm-7pm 2 Way Rooms September- FREE Thursdays #1 & #2 May Seniors Soul Line Dancing Mr. Dennis Mobley 561-502-6465 Mondays 11am-12pm Rooms A & B Weekly-Year $5.00 Class Round per Class Soul tine Dancing Class Mr. Dennis Mobley 569-502-6465 Thursdays 7:30pm-9pm Gymnasium Weekly-Year FREE Round Organizations ORGANIZATION INSTRUCTORf P NE ©AYfS TIME AREA SESSION COST CONTACT OF l1SE LENGTH R1NR AKA Sorority, Inc. Board Mrs. Angela Randolph 561-441.1187 4~~ Wednesday 6:3Dpm- 2 Way Roam August-June None Meetin 8:30pm #1 Carver High School Reunion Mrs. Ernestine Holliday 561-503-1122 Wednesdays 5:30pm- Conference Weekly-Year Nnne Committee Meetin r 6;15 m Room Round Gommuniiy Wellness Ms. Andrea Smith 561-432-4558 Mondays 6:30pm- 2 Way Rooms August- None Challen e Meetin Thomas 561-706-1369 7:3D m #1 & #2 November Delray Beach American Little Mrs. Deirdre Thomas 561-859-1080 Tuusday& 7:30pm-9pm Conf. Room or August-June None Lea ue Baseball Board Mt . Press Bax Delray Rocks Cheer Coaches Rhonda, Julie, La5henka 561-243-7356 2 Weeks 6:30pm- 2 Way Room May- None Meetin Wedhesda s 8:30 m #2 November Delray Rocks Head Football & Rhonda, Ban, LaShenka, 561-243-7356 1st Montlay 7pm-8:30pm 2 Way Room May- None Cheer Coaches Meetin Julie ~ #2 November Delta Gems Ms. Michelle 561-573-0274 Sundays 5:30pm-7pm 2 Way Room Weakly-Year None #2 Round Eta Phi Beta Sorority, Inc, Mrs. Doris Harrison 561-272-484D Thursdays 6p-7p Game Room November None Meetin HIPPY-Gooier for Family Jangelene Adams 561-330-2231 4~'~ Saturday 10:30am- 2 Way Rooms October-July None Services Meetin 561-574-7726 ~ 1:15 m #1 & #2 Kappa Alpha Psi 1=raterniiy Mr. Larry Thomas 561-706-5743 3Fd Saturday 11 am- 2 Way Room Monthly-Year None Meetin ~ 12:30 m #1 Round Naciremas Club Meeting Mr. 3immy Weaiherspoon 561-265-3318 3~d Wednesday 7pm-9pm 2 Way Room Monthly-Year None r #2 Round Nubian Men's Group Mr. Vodry Alston 561-201-5490 Fridays 6:45pm- 2 Way Room Weekly----Year None Mr. Re ie Brown 561-441-7339 r 7:15 m #1 Round Pompey Park Booster Club Mrs. Angela Rondo{ph 561-441-1187 Mondays 6:30pm- Conference Weekly-Year None Meetin ~ 8:30pm Room Round Rainbow Fellowship Glub Mrs. Mary Howard or 561-278-6816 4~h Thursday 6:30pm- 2 Way Room September- None Meetin Mrs. Ma Wri ht 561-278-3477 7:30 m #1 June St. Paul AME Senior Sisters Mrs. Helen Condry ~ 561-732-3282 1st Wednesday 1D:OOam- 2 Way Rooms Monthly--Year None Enrichment Exercise & Grafts ~ 3:OOpm #1 & #2 Round WestAilantic Youth Coalition Mrs. Deborah Wright 561-715-0837 Wednesdays 6:30pm- Gonference Weekly~Year None Meetin WAY Coalition 8:30 m Room Round f~i~/l2 ~ ~~~ Programs PROGRAM INSTRIICTORI PHONE DAY1S TIME AREA SESSION COST" CONTACT OF l1SI" LENGTH RINR Building Bridges-C.L.A.S.S. Mrs. Carter 561-901-6322 Monday-Friday 2pr-6pm 2 Way Rooms August-May FREE Tutorial Program #1lGae Room Delray Beach Blazers Fall Mr. Kevin Huggins 561-243-7356 Tuesdays & 6pm-7pm Gymnasium September-~ $25.00 Basketball Clinic Thursdays October Delray Beach Blazers Youth Mrs. Rhonda Williams 561-243-7356 Tuesdays & 6pm-9pm Gymnasium Weekly-Year $25.00 Basketball Mr. Kevin Huggins Thursdays Round Delray Beach Blazers Travel Mr. Kacy Young 561-243-7356 Tues., Thurs., 6pm-8pm Various January-July $26.00 Basketball Mr. Kevin Huggirrs & Saturday Laaaiions Detray Diamonds & Pearls Mrs. Erika Seabraoks 561-400-5063 Tues.-Thurs., & 5pm-8pm Roams A &B Weekly--Year $25.00 Dance Team Moss Saturday gam-fpm Basketbal[ Ct. Round Delray DIVAS Elementary Mrs. Rhonda Williams 561-243-7356 Mondays & 6pm-7:30pm Room A Weekly-Year $25.00 School-Baby Divas Step Wednesdays Round Team Delray DIVAS Nigh Scl~aoi Mrs. Rhonda W'slliams 561-243-7356 Mon., Tues. 6:30pm- Room C Weekly-Year $25.00 Lady Divas Step Team Wed. 8:30pm Round Delray DIVAS Middle School Mrs. Rhonda Williams 561-243-7356 Mondays & 6pm-8pm Room B Weekly--Year $25.00 Jr. Divas Siep Team Wednesdays Round Delray ROCKS Football Mr. Ben Leonard 561-243-7356 Saturdays 10am-9pm Oitl Atlantin July- $70.00 H5 November Delray ROCKS Cheerleatling Mrs. LaShenka Strainge 561-243-7356 Saturdays 10am-9pm Old Atlantic July- $70.00 Mrs. Julie Nixon HS November Mae Voien Senior Lunch Mrs. Ann 561-243-7155 Monday-Friday 9ar~-1 pm Room C & Weekly--Year Donations Program Kitchen Round Accepted Motle3 4 Success Mrs. Rhonda Tumor 561-929-3309 Mondays 6:30pm- Game Raom Weekly----Year None 9:OOpm Round Pompey Park 7-an-7 Football Mr. Kacy Young 561-243-7356 Saturdays gam-2pm Multipurpose April-July $25.00 Field Pompey Park College Tour Mrs. Rhonda Williams 561-243-7356 Sunday- Varying Various Cifies March 27- $35fl.OD1 Saturday April4 Student Pompey Park Girls Flag Mr. Kacy Young 561-243.7356 Saturdays gam-2pm Multipurpose February April $20.00 Football Field Pompey Park ROCKS AI! Star Mrs. Julie Nixon 561-243-7356 Tues, Wetl, 5:30pm-8pt Outdoor Bas- November- $50.00 Cheerleatling Program Thurs, & Sat ketball Court May Pompey Park SATIACT Mrs. Rhonda Williams 561-243-7356 Saturdays gam-2pm 2 Way Rooms September- 1=RI=E Practice Testing #1 & #2 April Pompey Park Tee Sall League Mr. Kacy Young 561-243-7356 Monday-Friday 8pm-7:30pm Mon., Wed., & January- $25.00 Thursdays March Pompey Park Track Club Mr. Kacy Young 561-243-7356 Monday- 5pm-7pm New Atlantic March-July $35.00 Thursday HS Racket t_earning Tutoring Mrs. Cassandra Thatltlies 561-304-7204 Tues, Wed, 4:45p-6pm 2 Way Rooms October-June Nane Program 561-502-0504 Th~srs. #1 & #2 Senior BINGO Mr. David Ricks 561-243-'7356 Mondays & 11:30am- Room C December-~- t=REE Wednesdays 12pm June Soul of Praise t]ance Team Ms. Ashaki Hayes 561-385-2793 Thursdays 7:3Gpm- Room C Weekly-Year None Practice 9:OOpm Round VITA Tax Program Mrs. Rhonda Williams 5fi1-243.7356 Mon, Tues, gam-1 pm Game Room January April FREE Wed, Sat 5:30p- 8:3fl m Young Lions Mentoring Mr. Bruce Baugh 561-271-1446 Saturdays 10am-fpm Game Room October-May Nane Pro rams Home Owners Associations NOA _-___ INSTRUCTOR! __ pNONE DAYlS TIME AREA SESSION COST CONTACT OF USE LENGTH RlNR Gateway HOA Meeting Mr. Jerame 561-278-7409 2~a Monday fi:30pm- 2 Way Roam Monthly Year None Weathers aan 7:36 m #1 Rauntl Jefferson Manor HOA Meeting Mrs. Vera Berry 561-243-7228 2~d Manday 7pm-8pm . 2 Way Room January None ' #2 Se tember N.W. President's Alliance Mrs. Evelyn Dobson 561-573-8656 1~ i'hursday 6:30pm-8pm 2 Way Roam .fanuary- Nuns HOA Mt . #1 Se tember Westsitle Heights HOA Mrs. Ernestine Ho4litlay 563-503-1122 4~~ Monday 7pm-8pm 2 Way Room Monthly-Year None Meetin #1 Round I2EV. 12!08 MEMORANDUM TO: Mayor and City Commissioners FROM: Rebecca S. O'Connor, Treasurer THROUGH: David T. Harden, City Manager DATE: August 7, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 ADDENDUM TO THE LEASE PURCHASE AGREEMENT/SUNTRUST LEASING CORPORATION ITEM BEFORE COMMISSION Authorize a lease purchase agreement amendment in the principal amount of $392,020.01 which includes Resolution No. 36-09 authorizing the execution and delivery of a master agreement, schedule #2 and related instruments, and determining other matters in connection therewith. BACKGROUND On August 4, the City Finance Department received bids for the above referenced financing ("Lease Agreement"). The Lease Agreement will provide funding for the cost of the acquisition of 82 DS Club Car golf carts totaling $131,420.01 as well as expenses relative to the Parking Meter Project (15 LUKE Multi-space Parking Pay Stations, 250 POM electronic single space meters, cabling, and miscellaneous required equipment) totaling $260,600. We asked that the banks make their bids based on a bank qualified rate for 3, 4 and 5 year fixed rate terms. Bid Responses The City received responses from BB&T Bank, Gulfstream Business Bank, SunTrust Leasing Corporation, and TD Bank. Please see the table below: Bank Payment Interest Cost Misc. Upfront or in Cost Arrears Total Cost of Borrowing BB&T Bank 3 yr - ~ 3.25% 4 yr - ~ 3.28% S yr - ( 3.48 %~ Gulf Stream Bank Upfront $18,838 $25,670 $34,423 3 yr - 4.09% Upfront $23,79] $3,652, $27,443 -1 yr - 2.76% $22,488 $22,688 5 yr - 2.94% $29,998 $30,198 RECOMMENDATION We recommend approving a lease purchase in the amount of $392,020.01 with SunTrust Leasing Corporation, the lowest bidder, to finance the purchase of 82 Club Car golf carts ($131,020.01) as well as equipment and other miscellaneous costs relative to the Parking Meter Project ($260,600) at a rate of 2.76% for a four year term. The lease of these two items will be incorporated as an addendum to an existing Master Lease agreement with SunTrust Leasing Corporation. The addendum includes Resolution No. 36-09 authorizing the execution and delivery of a master agreement, schedule #2 and related instruments, and determining other matters in connection therewith. CITY OF UELRAY BEACH INDEX TO LEGAL AOCUMENTS BANK-Qi7ALIl~'IE]D NON-ESCROW Master Lease Agreezraent No. 02b49 dated May 20, 2004 -- ON FILE; Exhibit A -Equipment Schedule Na. 02; Acceptance Certificate; payment Schedule; Exhibit B-1 -Tax Agreement and Arbitrage Certificate; Exhibit C - Resalutian of Governing Body; Exhibit D - Incumbency Certificate; Exhibit E -Opinion of Counsel; Exhibit F -Omitted Intentionally; Exhibit G-l Canfnmatian of Outside Insurance; Exhibit G-2 Questionnaire for Self Insurance to Lease and Addendum; UCC Einaneirag Statements with attached Schedule A -~ NOT FILED IN FLORIDA; Form 803 &-G. 81I9J2069:SQ-NLSC.DOClmv.5/fl6lclc : .. . Ciom ~pet-trort€-ii~~ its =abiigati6zts~ itiidor this Ag~-~e~ricntwith i~spaCt #c> atiy .L•gttilinxerit, and :1'rcicii'usiiig °aiiy ~'s€itieys.to paj+ at~y Itetit~3 . Pa `tents due under t{ais Agreement ~'or a designated I~ fiscal Ycai and ail subsegticnt Fiscal Years , ::':: ; :: • ". ~::• .: - :: : ' :' Yn„ .. . ,. .. i~avttt,erit Tate rricatts Bach date upon w]'iich a IZetital Payrneiet as due aritl ~+ayahle ae ps`o~vided iii a'l'ayiitient Schedule _ ... .. . . : '~ ~' . "I'ayrnetit 5elieduie" iYieaits dEe scltCdtile bf Xtetital l'ayriterits attaclieci ~ an ~clitipinettt 5cticdulc: .:. ... ~ . '~"Prihcipat".ttt'cs the portiati.of any Tterital f'ayinerit designated as artd~cr~inprisitig liriticipal as provided in a i'ayri'ietit Seli~Iuie: .:' . ''I'repayrrtettt ~`iice" ~Ertcans #lte arribunt so •tiesigEiatad and set forth o~ipo5ite a Paytneiik;i']ate ~iri a Payment Schattuie aiidicating the ariiiiii~si; ::. . ,for ~vhich Lcs:~e may prtrchase the'reiatect >"~quiprizeiitfrr+3up as of such Pa}°ti~enf Dabe a#ler'rrialciiig.the Rental:Fa}~menf ~lue'o~ aita~:~.• .: .;' ', `. • a'ayrnertYL~ate. : - ; . - . ,:. ; .. , .. ; : ... _ , ., .. .. "Itc~ritai.I'ajaitent" rr€cans eacl- payment dire fratit Lessee t4 l=.essay tin's 1?ayiiient bate::.. ' ~' "~ r<ansthebtds eci#icatintis'~nd/or ~urchaseotder ~ .._ .. .`. .: : ._ ..:.:...:......:.: ..~ ., , l~ p ,. p p ssee has ordered ariy'frquipment front a Vendor ... :.. which Le .. S ct~eatrons rn . , inrstiant to : . .~ '''State" tnealiis thestate or coiritnatiwealtlt'isx^cvltctt ~,essee is sitciateit.~: "~cndor' .means each of the trtariu#haturcrs qr ~vendcirs firam .t~hicli Lessee-has ;ordered or ~ with "which .sec has Gttntracted f6i :tlie ~ ~ : : ~.: anufacttrE'e;-iielivery antll€ar itis'tallarioii'afttte' ~riiprncrtt;". ' : ::.: . . ~Gerfinie.i:2 ~:~i.xh'ihttc.. ' ° ~ , ' ~~Exhi)ai1.A:. • , .. , ; ~quipmerit •uctieduie iiicluiiirig forEri~oi'Acccptance Certificate aiid f©rrn o£Payrri~iit ScltC~ule. :~ ~P.xl,shir 13 l ':`..farm of`Ca~ A'greettierit arid~A~i~ra~e Certificate {N6ti-irsciow) , : : ." i~;xltihit C' t. ,: ~.~ s=orm ssf 1tesalittiott of the'~o~iet~ningBody bf Lessee relatitt~ to e~'tcli ,ease (tarn-frscrow) . :::.~:::.:.'~ .-1'otrn of Inctiititiericy Cei'tifi~ite usta each officer or reiiresentativc of l~essec' executing this ~gt`eement ar arty L,ease. ,::`::.:: ' ~ ' ' ~ ::... k~Jairktit.i.. ..,:. Fortrt of C3pinidiri ajf Trideisetideiit Coiitiset to Lessee: :• °. Twxi,il~;t p ~itf~d Iniehtionall~ ,: ~ .. .. , ~h;hitC 1 ::',PoririofCdrificii•EatEUrioft~utsicletnsuranr~ ~ ' - .: , ~.Nh;h;t t"r 9_' : , estirinraire~fot` Self Xnsuran~e and A;ddertttutn fo ` "u+ ~riierir Schedule Iielalin #o ~Se}f-Itistaraitnc Fozxrr of,Qu L9 p g .. . . .• .. .. . ~.~: ,. ...: .. .. .: 'AI2TIC1.~:.~~.:'~ :L.l!'.~4,SE+L)~EQUJi~'MEI~'~' •.~ .: . ,. .~ ... : ~ _ :.., :: , ,: -~ ~;:tiori ~2:~: Ae#~~Eiaiiiiiir€ niF ~ g,~1~s~ menf =riot to tlte-a~idikiaaa of ar~~ I;giiiptnent Csrtitip, Lcsse~ shall prc~~~idc Le~ssar vvitt~ a description of '. ` Y~te~ec{ttit5meiit~p'rapased ia'l~e subject #a a 3..ease hereunder; iztcl'udrtig tlt"e cast~flnti ~veridtir of such ecpaipntent, the ezpeeted delivery'date and ~ ; ... ;.' . the desii~cd lease tewtts t'or~staati i~tiipiiictifi;:arra such athcr i~fa~tiaai ~as thc-l~;:ssar'tttay r~uire, ,.,,If fcssbr', ut its' sole discrc#loai; •• ~~:. :'; :; .': • .~clctcrmiries~the'praposcd equi}iiracrit ixtay i~e:sttlsjccf'to a Lease heretuider, I.essar shall ~irnish to ~,essee "a •prop©sed~I~ualiratent.Schcdttle . , • :.reiating ta`'ttie ircluipt~terit Group°fer ezeeutiori by Lessee~and:tlien.l:.essor, ,>~y ixebtitiori Hereof, Lessor has~triacie'd6"~amtriitin~it'iti i~a'se ,: ,. -~ any egtxiptxtezif to Lessee, ~ .: ~ .~ .: ~ : • .: - : ....- .......: ' _ .:: : • : -' ~~6irti Z.2::": ~fiii~l~irr,*:tutnent. Lessor shalt' havo uo abligatian to make any ~dislitiisernettt.to~a Vcnitai" ar reirtib~c I/cssee'for atiy payrueitt~ ~.. ~Exiade to a Vendor for art Egttipiit€eiit Group {or; if'the escrow pracedtt~`deseribed iii~Stxtiotr 2.4 hereof is utilizeii, cr;risent to a disbursement , .: ; .; -' :.: ...by thc'Irsnriiiu Agent} tuttil five {5} biisiness'days afker Iaessdr }ta5 iei~ved all of ilte fotlo~vin~; in #'oi~ atsd substance satisfac'toiy to Le;;sor: ,.. . : (a) a,~cornpleted EgtiipExsettt Sctieclui~ext~titctl by I.e~ssee~~b} aii A,eccptrEiicc Cet'ti~Gate~iri't~hi~foi=ri5 inc3udoct wikh ~ithibif A.l3creto, (c) a .: . .. .. , :. ~resattitiait or:e~idence of other"affieial:acticirE.takcn~isy~cir ast bch~lf oftha L~ssez 1cy~authisriza tli~: acquisitirisa of the )vr{tzipTnent {'rmap on the .. tet~r~s ~iravided'iu 'such I;i{iupitient 5cliceldle;•{cI}~~a I` . I, . g ''fate in il~e ~farrn of fxliibif:~'1: as'.a ~ liealil~ ,..: " : ~ ~ . .:. ~ arc ~ reemertt and ~xbitra ' e'Certt C PP } . atttiehett licretq; :{e} -evidence of .tt~sttrartce r~ttlt r~:sfiect to the lquiprnent .Group :ira ;cnhtpiiance with ,I~rticle'.VIi pf thin Agre~tnent, (~ •' . ' '+Ietitior iriv(iice{s~ andlor bilt{s}'iif. sale'relatiug :ta`thc~Pquipinertt Cxrov~; :arid if such invoices have beerF paid by'Lessce; evideaice oT ,',. ,:~::' : ',: payment tliere<af' and evidence af.~ii#~icial ititcn't'to i:ciritburse such payineitt as required bj+ the Code; {g} ~naitcing statements e~eeuted by ' :::~: `~ ::.~::.:. . '' T.,cssae as ~debior ai#dior the vrigitial-certitacate of title fir ritaniifa~,tirer's ct=#ti~cate of.origin acid "titie~appiicatiatt, of anv,:faT aE3y ~tluipinent' . :'which is pi3Yt of such ~ttipi'dent Griinp nziit is sabject fo CertiYicate oft"stie iatvs;~{h} a~cbntpieted and exeu'tt€cd'S=arrn 8038~G ~vr 838-GC, tts ~ - . . ~:: .. appticatile; or evidence of iihng tlter~f with :$ie'5eai•Ertary of Trea"siiiy;`{i} an.t~piitiori ~of counsel to the ~ssee Sttbst2ntially in fit; #ot`m Af : ,.~xltibit'Ir hcretfr;:arid (j} city iitlter itocttittents cir itcins reasatzably rcytrired by i;essnr, "::.:. : . :.. , ...:. ..:.. ..• y '~I p ;and .I;esse~ het~eby teases".. j . .. . ,: . Lessiar itei~b leases the L ~ ui m'eht fo T~essei~ ~ the' I'ejuiliment fraiii .~ , : . : '" ..:~Lessor,• tt}>rin the terms and canditians ~t {'oetti:hieteizi:: Lessee shalt tahve~gtiiet iistr gird enja}°rrtcitt of and peaceably have anll held cache; ,; :`• ~~. `. ~„: :.~uipfiiErtt~Grrc~up ~lEUin~ the talated Lease "l'~rrn; xccpt ss expressly set forth in~tlns~A.greeinertt. -:.. .: .';CPrfinit ~ 4.' ~.~ictrn+w ~-nrert:SrP; :•Ifl~:ssar grid L:cssec agrce~tliat the cast of an"Ec~iptnent Group is td be paid iiri3st~ an~Escraw AccoliEit'': . . ~ Lessor Arad f.essee sliaii execu ~ ltibit I"; {b} Lessar~aiid ~,essee sh'aii eke" :. ~ : '' a to att:l±scriii~~ A' 'eerueitt substari€taii .nt the ~farin~bf Ex .: .~( }tYi ~rrtetSt-Scheduierelatin to such ~ 'E rtaeut~Groi! and c Lessor ~ltail'~i' osrt aft a1i aute'an ~.~ :'. ~ .p ~ , °, 9u~p p; {) ~ iuttnt equal ta`ihe cast of the' Egailanieiit Groeip : ~; . iri#o'the'Escrow ft,ceouttt.. l~il anioiiti~s deposit~I'by.Lcssor iii#o the iscroiv Aec6uiit"shall cattsti#trte aloan frarn t~:sso'r #n Lessee v~iliicfi , , ;~~:.,. - :~':..:':. ~.. ,shall be repaid by'the mental I'ayittcEtYs+duc~uiider the retated-Lease:. - ... ,. - . ~,,. .. .. .~• . :5 #ria~ao¢4:r't,:i~q=~~o~rrov.nroas~i .. .. ,. .. .:; - . :, .. ... .:.: . - i,cetitiii 31 :'I'eriii: `Phis ~lgreer»snt shall be in~e`ect frciin the A~reezrrent".l~aie unixt the earlrest of (a} #erznziialson ~u~tder Sechnn 3:2 of {b} ;: ' ":~~tez`rnination.utzder Sectityn':12,2; p~,aci~sl;'lz~_cv4r,.no Equipztiettt Schedules shall la'e exe;ctited a`ktet• any~Nozi-Appropriation at~~l;v~zit'ot' .:•.' . . ` " Uei`attlt: Each Lease widrrespect to an• Equipment C'srnu'js shall he in effect far a Lease Tenxz coznrtaehein~ ~i~.iziz'i the Lease"I~ate;tin8 ezxiling'.: ;~ ;-:: ,::- as provided in 5ectzam 3:2. - • : ~ . , .. :" , . ~. ~ : .. ; •Cartirih~ A:7. ~'t'v'r4nitiatinri ~t~ ikcCen, in {~~ ante event of l~lon Il.ppropryattoit, thzs Agre~int;YiCa€id cacti Coarse 1ZeKennder shalt fexr~tinatc, zn Whole; liut'izot its pant, as io all F.gtriprrierit effective upotz'the last"day'of the Fiscal Year for which fugds vaere`appropriated, iu the manner` ; ' : " .: ~: ". and sti€iject tp the tezxrrs specified inthis A,rticte:": Lessee tnay et~'eet such~teiiiiin&tiori by ~i~iizig Lessor a wz-ltteri notice~of tei7isination an;ct by :... ; ~,_ :: ,: ,,paYisi~ to Lessor any Rental Payz~erits`arid €iitier amourits which era diie and have not been paid at'or before the erid of its then can-eitt .:. ,:.::.:::" :" ' :Fisca].Year.".~.essee alts]] endeavac~fti`g3~e tintice 6f such terxrairtation~izoi.less than tzanety {9€t} days pz~ior"ta the etid•oftlz"o f€scat Year"fir .~ ; ~.".::..~•: `'.. ." ..~ which~appropriatiorzs were"tnatfe; slier shall tiotify~~~ssor af.any anticipated ieririinatian: In the~event of toi'iizinaticitz vi'this Agreement as ~: provided in'this Sectiaiz, Lessee shat] coirzply with" the"instructions tecetved:froin L:essar iti,acicordanae u~itl3 5cction 12 ~ ; .: •.....:• : ' . ". "., .: ;:SQriiriYi -3_'t ` "x'ffec~t cif Tei•Frifriatlnri. „"Clpron teririinatian of tJiis Agt'eet>E`iezit as'provide~l.ui Section 3.2, T.;cssee shalt not'be"r~spozzsible far .- the tiayi~ieitt'af any additions! f{ental lza}+iitcnts co'zning dtic in sticz:eediiig ~iscat Feats; Hirt"if.i essce lras tzar ocsrnplicd with the instzuctiozis ~ .: •: ' : ; '~' • -wrtli _Sectioii 1~.3,~the texirrinahoYz"shalt "nevertheless •he effective,~bz~t Lessee"shall lie" i`esporisible'for tl',c : - received froth lessor in'aceordarrce , . .. payiiient of damages iri'ari ariiaiiiit equal . the atiot>trf ai'tlze Tiental Payments tha€ vvoizttl (hereafter have •crziiie dzie if this Agt~eenient had tzot btsen~4ezittinated and •'u~{ticti•are am`rl5utable to the niirizbor of hays after ~vlzieli Lessee failsta corripty vaith Lessor's instructians:aztd for .. auy'other toss siifl'ercd liy Lessor:es a result of I.:cssee's failure io take such actions as regttirext. ". - - " ':: :SPrt~~n"~ a ~'t kr~iiiriatinn ~rif i:iaca `i'~irrr-; .;'Flzc ]..ease Tezrza wvith respect to any tease lull] teririinate igiorttheocc:trrrance 6£ the first of tint. ; . folloivirig evon#s: (a}~ the ~tez-rYiinatitzn of.this:Arcetnent by Lesscwe in aceotilati~e`yvith Sectia~ 3:~; {h} the paytxaoz3t of tli~ Frepaymnnt Price ".: ~ °:'.": ~.:'.: ~:: b'y ];eases pursuant to Rrtzcle ~•-{c} an Event of Dcfaalt 6 Lessee and Lessor's clectiti d the a ctztb Lessee ofallRcntat ]sa znents atzd tdl other atxzatants autltorixed or re to teririinatc such Lease pttrstiartt°to Article Xll or° .: • . () p yip y ~ gdirot] tribe paid hY Lessee pursuant to such Lease .:A;RTICL)~ ~V. :~N')cAL )fA'~t1'1L1~1TS ~. :" ....., . . • . ",~~.nn 4 t ' >ftrutai Paymeritxs::Lessor artd l.~essee nbzi~rin "their undeistatzdriig nzid agreeiizent #hat {a} alt payments dots ixricler the" ~' ,• Agreement are to be made only frcazrz.Lessee's le~;ally~avaikable~azxil appropriated revenues from SoLrrpeS"tith"et`th~tz"ad tiatdrenx zzr ' ' 'other taxes, {b} that Lessee altar] ;not be ob]'ifgafed"to .pay ~arry srizns due iirtder the Agreement from the proceeds a£ ad valarerii or other taxes;:ancl jc}"that Lessee's sflnti-actiial'aliigatibzis'to re~iiest nnnual appropriations ~'rotat ydhich payrt~ents ~diie urideir the Agrcernent = .::..~• ~. .. . ~ zndelttedztess af.Lesscc tvithm the`i€rieatzitig of aaiy constitutioiia! qr statutory provision ar ,~: inay lie made does not constitute do " . tizztitatioti..:'t~Ze I.essae ~agz'ees to "pay"the Mental ~'a)~`neirts'dtte as sji~thed in"tho'Payrrzrnif Selzedule in Exliiliii A.: ~ portion of eacF,l2enCal :.. .. Payrne~nt.is paid as iztterest aS spEecified in ~tlrr; l"ayiiierit Schedule of rratli .tease; aitd the'#irst ]tr=ots] Payment will inclztdc lnterest'aect~.zin~ - 'from ~tlae l=iznding Date. ~.~ssor is authorized .to ~it]s~rt tlte'due date rif the ~r"st R:etital~k~aytrierzf iri-the Fayriseiit 5chedssle'in Bxhz~it A: ~ .Al.l ~_'... '.:..~.'.:':`:'I! lteittal,Pay€nezits shalt lie ~}iaid ~to'~:essor;sots to s~zcti assigztee(s} i~essor;.bas assigned as~,stipiilatcd iu ,~ticle Xl';'a€'stzch planes as Lesstii` rot`' .: .' :.~ ; ;: `' .such assigzt~(s} zxzay front"tune tt5 tiisrie desigttateby wYittc#i raatiee tit Lcss~:: •Les~see stial# pay the Rentak Payrnersts with )awfttt znonej+ of :" :thei`triitedS"tatesof~itntrteafroritxitaiieys`teial]y~availabletherefor. : • •. •.: : : Ceeterrn 4.2_ C''urrent Ex~~e:.'E'lie :ob3igations"off Lessee, :inctttding rts'obligahozt tci pay the Z'tenta! Pa~iitents dine ini any"]"ascot ~Ycar of a " ]..Case Tcrm,~shaI] rcinstitutc a u~aixcii~E "}letise "of~:cssc~'far snch Fiscal ~'eat' aid aria]] aiot +ro»stittite" art iridebteda3css (zf L~ssc;c ~vithit~ the ::• .: '• ~' ' traeanirag.oftlre Constitution and la~i~s of the"State'..Nothing licreiz~:shall.c+mstitute~riple~lge~by Lcss~e"of azty taxes or c~tlior i-itoneys (other .'than moneys faiafully appropriated Era"ryri~ time to .tittle by ar fdt itie"6~eieff:of 7;cssee`fat' this `Agretment still the~l~let Proceeds of Elie :. . :~ . Equipiizerit) to the payrrzc~nt o~ aziy Rental paynioiit or oth~`r arrfoutzt "cazttsng ~zie lteretiridet.. .. ~ .. .: : " .:• ~, ~ytioh A~i:., Il'ncr~ndififtnnl _~ni~t_p!ayrnenLti, : ~`hi; ~,ossee's obligation ica rriake;E~ental Fayizt~zzts sha11 be'absayute" azid uzkctizttlit€orzal :'. Also,-any other payinerzts regtiire~ tiereiaiider shall be"atzstilute and urzcoriditiortal.: Lessee shall make these payments "when "due and shall iibt" ".. . . ` ~ ~:withhcittl• ~i}r of these p'ayiricnts 15"eridin~? fills]" resalutioii bf anY disputes. Thie lr~sseo shall not assert any rigli€t of set=dff` ar'GOtisi#e~lttiz~ : ~" :::. `, .~. ~agaiatst its robligatiozi tci rtzalcs: these pa~yzneiits:.Lsce's obligation tti make Mental Payzxiezits"oz• other gayzneti#s slrall'nat be abated tlzra~tgls ::. ~ ~;, ::.`- aceiden~'iinfareseen :circ~titrastazici~s,- failui`e sot' use Equipzxzent ~to perfarm.as des~ed, :darrzage~ or destruction to ~tlzo l:gtiipmcitt, =tass'of :.::.::'... ': possc~sioiri"of the Equiptraett# or obscilescen~c a~thir ~ttipznezat.' The I.es~se~ sEzall be abli~at~il to'cirntiziue to rztatre paynizents requsnd at`it "'_ ~y this Agreczitcnt if title ~fo; ~or tetiiporary rase of, the Equipmt;rat or anY part tlzercof shall betaken ezrider exeicisc z7f $ze power of emtnent ~' , ; '- •', :'daniain - ::..... _ ... . .. ;:: :. ..: ,~R'X'11CT L V," ~P'~)lt?bl'liU 1PR~PA4~ : "~.essee shalt Have .the ogtzon to prepay its bbligatiaiis zrzidcr:any Lease in whole lint trot zn pail on anY': • Payment IJate for tl~e dzcn applicable:Prepayixzerif ]'rice {which"shat] include ,~" pi~p~ayirienf fc:C} as set forth ixi the related Payzricrtt 5chedtile;' ;:. ;,. ; .::: _."; .. provided iheinc has been z2o Nan•Appropr'sation~or ):vent of~3efaizlt.:- : :.'.. , ~ ~ .. :. . ~ :. ~ ~, . ~~ ' •: • ' ~ " • ` " ;Lessee sh"al trine trance to Lessor of zts tiitentton to exercise its option not less ~$zan tlalrty {3b} days praor . .ta the 1'ayrrient"Date o~z which" the optttiri:ivill ~ eiiereised and~sltall pay t0 l.~ssar'riot later t3zan such t'ayzriezi't Date" azi aiinatztit "egiial to al] ~~:.ficxitat Paytneiits'atid a~zy odtet• titYtotmt;~ ttzen dile• tit" past true ziritler the"elated .Lease (including the Mental Payznertf due un the PayrrCent ": Date ozt'which'$3e apaoii alts!! bt ef#'cctive) and the applicable ~Prepayznent T'riee set forth zn the related I'aymeizt Schedule. in flie event that ...:. : .. "" sfia:2t~:ri-i9q•nrsc nticrrc;'.ufoa5~r :. . ..all sacl; acnaurtts are rEOt"received b3' Lessor on suc[# ;l'aytrtext€'bate; sitcli iinYice by 7.essec of exercise'of shall tie vniii mid fh"e rela€ed'I.ease shall continue" iri full. force ~rtrl effect ::. . . ~ : :~ectlntt~5.~.:Re3e.~an ni•7.e~cnr*~"1t~l~r~~t:" L1ESan a`~cetpt o£tlte Prepaytnent#'~i~e ttt and firiids ~iitl~ r~s ect~v ai'l'" ~ ! g p Y ~eiip~nent Crroiip, the , :~ I,,rase-wid€:respeet to such 1~~iaiprnetit:CJrbttp sliall~t~tx~iiri~te atti] l.esse>~slialf beaotiie ~earltied'ta sucfi`Equipti~eti# ~Gra~i AS IS;~1~Fi1;ItL~ : .: -~ ~.:~,. ,: ' IS, '.WI"t'1-XgL7T WAT~tItAN"1"IBS,' ~7~ky~.f;SS'!0~ Tb:I1~D, :INCLUDING V41'AIt12A`N'i'iES Q)~ 1Vl~RCH~iVTABIL.i"f'Y (312 ~.FTTNE~S " : " :' ••: ~ , ~ =: ;. ... FUR ANY I~AI~TICULAI2 PURP[7Slw C}}R F1~S5 Ff31t"~i'Hl~ UST; P 1 ~ ~OTrITI'MI'l:,~ATIrI? ~Y ~LiwSSRI, .except"that "stzcft ~'gttiptYieitt ..: .Grrni shall not be sub'ect #is arty Nett rir ericuntbrance ~•cated by or aiisirig ottgli Lessor.: . ARTICLE :VI.. ~REPTl)uSEN~'A,'1'~C1IVS; WAR.~INT)I;S AND" COVEl11i~N'I'S~'..~ .: t,essee repxcseiits and ~'varrarits as a#`tkie Aeiiient l<late and as of each I..ca~e Date`as faildws: :... :: _ .... ~ . , ,...... .. . . .. (a) ~ ." ~~.J essee is-ii state~ar pntirical ~nbdivfston of the State w,~~tltic~ tYie mz><zg of Section "1Q3(cj of~the dodo, dulp arganixc=d and exut~rag ' ~:unde'r''tltd ~'oitstitutiiin anr[ laws of The Static, atzd is~ authoi7zed ur~dei/ the Catisti#utyon. and laws of the State to enter into this Agrestreitt, ';:'", ; ; ; ::., caclt"~.~ase and".tEte`~transaotions:Caiitnrriplatu~~iierekiy~a3td thereby;'~id to~per#'ariat'alf of its'obiigations unaer~tliis Apecmen'€~and each ~ . ~,:.,::';..•: .: (b) .. .:'The`exeetztibn.and clclivery `of this Agreement ant# each I,ease`!ta'~e beets duly authorized by" all xr~aessar}+ action of 7~essee s ~ ". ..... . gov`ei`atirig body and such ai;tian=is in ccirziplianee iw;itli~~all •ptlltlic bidding and other ~#at:e iirtd federal lames applicable to this Agteeinen#, tech .. ... . Lac and tltc'ac' "sitaon and ~riaric~ of the qut ~ " irqui}titiet5t Ity Lassee.: ~ ~ ~" .. : ~ ~ ,:.(c) : ,. .'t`his A~ernciit`attii'eachLease have bseri duly oxecuied rind dclEVered by and ,oiinstitutes ~tlic~ valid ar€d binding abligatiota of . ....~ I:essee, erifcircealtle agaa€tist T;~sse~ in acc6~daraco rvitlt ilieir respnctiv~ r>~n3~s.:'::=:.:..:: ~: ; ". ~ . ... , ..... ~~ td) .. ": Tht exeettfiiin; "dclivexy ~izd perfonnanoe of~€tiis "Agreement and each" Lease by I;~see`sliall ntit (i) violatd arty Stafe'ot federal Taw . ... or Iocal lt-w or orclitaatice, ar ally iirder, i~rrit, lniwtefi4#t; decxee; ar re~tilatsoii of any rc~urt'ax'othcr governmCrit~# agency oc .. ; ~ ~.: body • ." >y ~ .: ~~ )~.:. -applicable"ta' Lessee,:or ~i conflict with or restilt in the b'reaclt or vtalatian of an tents ar rov'tsian of or constitute a ° i3efati3t~ ttiider, aTiy irate, .brnid; ~ziittttgage; irident€ire; a~r'gemerit; Decd ti#'{i#ist,:lease iii' ailter abliga#iaii to wfiiclt #~ssee is bci~utci. - .. ~ ., ,~ :-~ ..(c) ' ,~.' ~'h~et~'is "tta actiosi; shit, prac.eedirag; ciaicii inr{uir~~ or inve5ti~;ataftr;, a# la~i bi' in~aquity;~bcfat`c or by arty aovrt, regitlatary agency, ~ ':'' .public lui"aid oi' Body pt;riihng ar, ~to Clta best of Lessee's lcnztwledge, tltrea€eired against iii• i€ffectirag l.es'see,°ohallenging Lessee's ;autliorit~r ~ - . -~i Ito enter "inta"tlir5" Agret~tttettt or arty ~i..ease iit`aity other ai~~tian rn+het~:iti~an'sir-~`avoiable ruling~or ~ndizig would adversely°. itffeaGtlie'" : ; ..; . ~ • • enforoe~ibili ` . : . #y o#'t1ti5 Agi•eem~nt of any ~L'cas~ . , .:. .. . • ~ :: ~ .: ~ ~ . : ~: ..' f,~ • - Tia~ IeaGSe, ,rental. agreeritetit, Tease puraltase a~reeittitit#, payciient agrecincnt or contract t'or ~ptircltase' in `v~rliinh~~Lessoe [tas been a • ~iscafaYat'iy~izirie"iiurit~ the past; felt {l[lj" years line -been "#ei~ninated by T.,nssee as a-resnlt:ot' insiifficiczit funds bbing "a~#irttprietcd in arty .:: ear.'. 1~To ~even# ha§ ttecuti~ed .vlrhich wti~ild cazistittt3~ art event o'f ttc#`t3ttl€ utader any deb#, revenue lttind ar ahligatidtt'~>hich"Les`sce .' hers isstlicd duriril; the past ten' ~ 1(1)~years : ' : . fg) ..:: ~ "I.eSsCC' or~Lessec`s"govarittng b'6dy has aia}trapi#ataci`anc3/ar`taken~t~t}ier 7awCul actitiits riece5sat'y to provide ttinrieys'sriffrcicnt to ' ,. " pay all Reritel ~aj~rtients r3uring the went l tsoai Fear; and such ~nci€teys will be applied in piiyinentof all Rental Payriionts due acrd payable :..'' .duri>ig'§ucli~cni~entl~iscal Yrar. ,:~ . , . . .:.{h) :: ' :l::essee Isas an inrunediate need #'ar;.'atid'eiipec#s to t:take urualedaate u"se af, the lrquiprrient, vufa~Iclt n,eccl is rich `tet'nporary ax:exiieeted ,'.: , ~,ta dirttiraisTt duririgthe a~s$ilic~ble ;/i.as"e'7etrii." Lessee presetttky intends •tri #;cititiiiue~each. l=.se Itereundeir fair its entire Lease ~'~rrn~arid tta ~' , , ~~: '~payalkRenfall'ajitrtt;ntsrelaiiit~"tliexetu '"... ,. ,: .: ~ ...,. .~ J essee agrees tlta# so'long i3s any RentaLP2~yrrieiits ttr.alher "ainouiits"di~e itgclcr~this Agrccmeitt i-e~natn . unpaid: ~ .. ~•. ><aj . - 'J.e'ssee.shallricit.•iaistall;:tisc,, dperate or rnatntaiit~Ehe l;quipment:i~i7pi#ipei"]y; carcicssly,'in.violattott of.aiiy aPplicablc~low or -: rcgulatxari rir~in:a tttanner coiiiraiy:tb::tltat,Gontetiijtlated by thi§ Ag~tticrit.::~;esse~ slia]l abtain:and rnaizifaiti"ail :permits an~d'license5~ "~. ,.necessary "fox tlte~installatiaii anil opefatiari of tht Egeaiprrtcitt. ; I.fiee sfta}I nvt; ruithoist-the prior written t;ons~nt o~'l;.:csscir, atlix'ar instal] :. :.~~..:: any .accessctry:eiluiptiicnt of [9etn'ce' on' ariy iif' the :Egniptnent if such addifioii =rvtiitld :clianle ar ~irnpair the originally inkcnded functions, .. :. ,.. .p ., . ;valne or use ofsuclr ttr rrient,::: . ~".: ... •(b) ; ~: ; Lessen :slitrll .prbvid~ lessor access at all:rcasonalslc~ stoles to exarniite~ grid tr~spect thc~ Equapraiettt and provide Lessor ivitlt sriclt "'::. ~aceesS Yo~?lie~l;quipt5ienf as ~rrtsy' kin iPea5bi3aEily necessary #o`perfortn n~ainteriain~ ati ~tht;~bgtzipittent in dte~cvenr of fatlurc by:icssae~to :::.'.' . '::}terform`itspbligatiotts lieteu~ider: =~ tc) , ~ :- Lessee; "shall trot, directly'or ind3rei~#ly, create Incur, aasurrte'tir sczffer ict exist ariy n5ortgagc;.pledge; tier;; ciaat~e; ciicnmiirartce cir ~ ~ ` • a#her,claim wittix`especiio t}te ~'.cltitirrrietit; ~s€]tcr:tl'tan the respective rights a#'Lossorand Lessee ~as~heireinprovld~cl: ~7 es's~e shall proittptly; :: ' ~ at its bwri ~expcnse9 ~e ~such'~etions as tiia~ tie' tteccss"ary duly ta'tiisclttti~ge cir i'emiiv~ arty such claitri if €he samo shall arise ati any €intc.: ~ ~.. :~."• : ;~ -Lessee`shall reitribure Lessor foe arty exliense inctitxed by Lessiir in' order to discharge or refncive ~tiy such" ctairYi.~ , : ~ : ... (d) 't`he ~i~rsott'or'entiiy iii chaxge~of preparing t.es~see's budget will ricluiie-ati the hudgct~regizest•for tacit 1"fiscal Year the Rental . I'ayittents to b"ccnttie due durtttgstach I~isdaf Y•, aril will use ail reascst~ble`aiid lavvfir1 ttieans'avaifable to Secuic the'"': approptiaiiarr .. bf money for stxclt Fi§ca1 Y'car su#cient rti~pay all I;cntitl Fayiiic~tts coming due €liercin." ~llessox:acknowlodgcS tliat'apiirttpriatinn fitr Rental ~~ Paytatents rs a governmental iuttctiait'wTiich #;:r.~;see+cann6t COnu~actually cazrnriit itsetl~irs"advariee`to ~erforrn. lessee ~aclrnowlet3ges"thgf t}its' ." '-: '::..".:.;, ;:~ ..... ',Agreement r3oes iiot'ccttaS~itute'such%a'co~nniittYien#.:,Elo~veWOr, ires6ee rea~ctnably believes "that i»oiteys in' aii~artibtiitt siitltcienY to iiia#Sr< all :. srFarmoa:r•~Ruq owcakscr,~:•ntnl~i' ~, _. :...:. • . ~ _ . : Rental'Paytnertts ca#i at-d'~ill lawfully lee izpprapi'iated aiid made availalZle to ~peixttif I..cssee's cati€init~3 trtilizatioia isf thsw Equiprrtetit' iri tltt:: ~ - ;~ perfartxt'ancc:tif its'essetrtiai ftttx~ctivns drii'iiig tliea~splicalilc Lease Teiirts. " -- ~ . (e} . ' :. iF.cssee sitali aSSii~ #ktat'its b~tiigatiozr to pay Rental paytrients is not=itirectty ot` indirisotly soctrrer} lay'any interest in ptoporry", other :: ":i than the ~gitiptiretit; and that the Rental~Paytnenfs will.nat lie directly ar"iisdii~ctly sectareii by nr dct-i~ted fxntia airy payments of any tY13e or = : ; arty i'iirid~otFiet` than Less<x`s general purpose fuiad an'd that the lterttal Payrttents vai1C tia€ lie'dirsctly or indirectly secured by`br ~.erived from ' ;.F any payi~icnt"s a~an~+'t}+pe ether"t#ian frotet fkte Lessei:'s~legaily available ntiit-ati ValOrerri~rever5iics. .: ~, , ' (1} lrlpoiii~ L;cssor's rr~ttcst; Lessee shall ~r~~~ade tirssor t~vitlr current f"inaiicial siat~tnettts; budgets ~artd pi`orif of aplrraprtation for the. - `~ .ettsntti~ Ijtscal Year and siieh cttltc'r fnaireial tttfoxtiiaEian ralatitig tsi tlte'ability of Lessee to cantiriuo tkiis A~reenrtetit"and each Lease as array • ~ ' be"reasat7ably'requestedl7y1=.e5star. ~ :.. • '~ fig} :- ` ::: ~.ess©e shall protxGptly clad duly e7'secute"arsd de"}ivet' to~ L~ssrrt` such fiat~irer do~urnents; instrutnattts and as"siarziiices ~iiid ta3ce such " :fittxlier actiaii.as Lessor triay frviri tiiiie to titne~reasoitabi~+ request.;in'order:w't;atry out~the irtteiit azid.perrpose of t13is.ftg~'cemcnt ~atid tc~ •:' `.:'..:':.:.:~;: ::astablisli and protent the right~s~aiid:rerxteilies i`t`eati~'or intertded to lae'~reated in-favor bf Lessor herctziider..: •: ; ' ~' ~ ~ : ,:.. ,.~. ,'....:`' -." .::.~ .:~:'. `':.:; :::4erli~infi_'~,::`f'A'~Ri~A'FpY~~~P~~Ctit'Ar~ttCk~.':WRY1'f~11tI0q~17f1C'O~P.113IEf$::, :'; ,' :~ (a) :Iricotpor~atirirt'a, f Ta~e~grnemerit rnrtl:4rb'itra~e ~C'ertif:cafe. As bf dacEi~se ~3ate atarl u>ith respeeY ~aeh`Lease; l.,essee makes :.:.'':.:`' each'aftlie representa#ions;rranttes siiil c~ti~eritrtits cbntaitacd iri tFie T~ A~reerrteiai: and Arbitrage Certificate cleliverbd vrith respect „ to such' Lease: By this ~refei~ttce each such ~'aii :4.~reeriiettt anal Arbitrage Certificate is'tni;cirpnrated iri and mace's part v£this Aynent . ; ' .. (h) ~,•~.'~v~rt o~'~'dxabilify:: if'~.essor eithez~.(i)..rcceives ricir{ce; in~atiy farni,:~fin[n'the lntemal ltsv~ziue'Se~vice~or ~ii~..knssonably ., deteririiries; liaseif vn era opinion' c5f itidependetit tax cou4isel selected by Lessar,~ that Lc~ssar i'nay cot eactvLude'atiy Jriferest paid under ntry . '.' :'Lnase•lydiri lts Fet3ceal .grgss inctitne (caclt err^.'$veiit of 7"axabiLity"};the Lessee shall pay"Ia Lessor ripor: dcrnand ;(x} ~i3ii~atriaunt which; with '.'~ .: ~ ...' respcef to Rental .lyaytnerits'pievibii5]y paid attd takirxg into' i~ccotttit.all penalties; Vines; iti#ei~cst and additions 1p teat (ittaliidirlg'all federal; ;:, •:state ai4d toi;al tapes ~ixt`ipased•aii th'e Irrterest'dite thraugta~tlie ~ate.ctf siiefe~eveti#);;will restate to .Lesser its aflar-taaG yield (assuming-tax at fhe .:. ', htglaest t7targuial tax rate and takttYg irtta'aceaurtt fiire hrne o"t`rece3pt at ; : lterital Payiitertt`s and reinvestment at the:aftor teas yield fate}can .~ tht; transaction evidenced by';sitcli Lease:thraiigli.the date'~iit such evCritarid (y}'as;'additiona! l.en#al.l?ayrnents to Lessor oti each sttcceedirig',: ' `.•: ;::.;: ;; .'i'aytttentl7atc;sunlttirrinuntas~%illman€aiin`such:.after-tax`y':eldtoT~~stsr; " : .:` .:. - . . . . ARTICC.:~'.Vlli.- :~"1~7S~tJ~CE A,~,lt1S~:' . . . .; ..... .. , , .. ... . .. ... .. :fiec4lj~n~~:1.~~T.igl-lllty a_, nr11'rnpet t~~snra~~e: Lessee shall, at~its'bwr~ t;3c~iensc, procure ~tid au~tatrrcantinuciasly~in affect i#urirag each .: ~ . ' '. Lease Teriti: ~a)~}siibiic liability insurance for death cir iiijuiies to-pci`sotts, ar datYiagc to prc3perty arising out of or itt' any lacy cosiraectecl~•ici.:. - , .' . ~^ - ~ the ~.quiprd~tit sk-f;,ieient to protect' L~sat.atidlcir assigns fram~ liability in:uil ?events; drith a eaverage of.iiat less 'than' X1,0€10,000 per .~ occiSrierice tzriless spGCiftcd iliffcrerr~y in t)1e related Lclttipiatcnt Schoiiule;:ati~ (ti) 'insiirar€ce against'sirch'hai..ards as Lesser nray rcgiiirc; ° , ," :~ tncludiit ;lint tloYliiiaited to all-ris€c''casualfy and liraperty irnsriraiiee; in.ait atriotin#'egiial to the grater of the fetll replareirient east of me ':` :'.,:~:: . ~quiptiient fir the a~plicabla Propaynierit l'r;c~ t5f each Equipirtent Groiep: ; • ... : : ,.... : ;' :. ~.:.. .:" ~ ~ . . : ~ ;;ectit-n 7 2.:~Wd,~~g~,a~„!(~.tk~j~nsatlnn t~is,urai,ic~.'.'T~required by ~Iate'law,.Lessee sl#a1l carry wairk~rs° catuperisatioai iz~siita~ace cavei~n~ ~:. . '.:all ernployees.oir;~:iri,~:near or abotit':tlic fgiat~tittetrt,;attd upotz-regttest;~;Shall furnish tti Lessor eerki0eates evidencirtl; suelt~covera~,e~.',';'::':.:~;:. "thresugEiaiit the L:~se"Z'orim - (a} Insurune• ~v1iCi~s: ~.'All:itasurazicc paiacies zequit~ed by this. At`t~c1e's3ial13ie tsicen iytit and i~iaintai~ed with' arisrtraricc cciriipanias "tta,cptalile iii .. ~ . :...- ~,y ( ) ya P ' .......y.. :. ~ , . g ~ p .. :.. Lesser ~ axid shelf contarri a rovtsibrt kliat thi 30 • ila nor to~ an cliati a to the covera a tlze~-insurer must ra'~itde iyritten '.. ':notice to ~e'ttistll~d parties.: i~ci insitr'asice shall ~be'subjcck tie a~> co-knsurarice clause: ~,~.elr iiiSurance policy stroll nairte I:essdr`air`t11or its `: • : ,~,•.~~ -.: -. assigns as` aai additional insured parry :anti:; lass }iayee 'regai`diess -cif any"brcaoh-iif wari~arty or other act :or orriissian ~nf Lessee and shall _: ': ', - :' :: ~. ~: .. 'irtclude a:lcEidcr's'lasspayable'eitdorse`rnonf'~'or thc~berle0t of ~~s§or aisdfo'r is assigzt's.':: Friar to tlie'delit}ery of 1~quipErtent,:Lesseeshall.':~..:::'• ,: `': deposit with-T:'essfli• evidence s5kisfaatt~iry to i.:~sSOr'4f such izisutance and,'prior to the expire€ion t3ieieaf, shall .pto'v'ide~~:t~ssor eviden:re of ~ .. ~ , .:~ ; ; ~' : all rene~avals ot`replacerne€ats tlicriof : ' ~ . ; ~. ~ . ~.: {b} ,. ';' ,Self Iris`irrctttee. ,With Lesstir's`~trior ooitsezit, Lessee itiay self tnstire tile' lrgtiiprrieitt•tiy means taf an adequate •irtsutaiiee fund~set . .. asid~c and maititairied far that u~ oss which ~zraust be full described iti a. letter daltvernd to L ess~ir •itr form accepf~ble to Lessor...::.: p .~... Y •° ~. -' ..{) ' `'. : ~vta'enee'bf lrrsurance::-Lessee s3td11 deliver to Lcssrtr°upati ucccptaiice t~f.aiiy 7~quipzi~eht i?vidorce of ir~utarice ~vhich'comp~tes ' ; .:with this ;Article :'VIl 'UVith respect tcr:sitcli Ctili.ii~ittie~it ~tv the satisfacciait'.~of Less~cvr;':incltiditxg, witlaotit litYiifation;:the Gpnfit~rtaiiian:or' ~, . insurar~ce'ni'thc fot°,t3 pf•Eadiihit" G~I~attatchod lierctq'to ether with Certilhcates afinsurance;.whe9€a available; fir the estsorinaire'fot~elf : . • In51u'ance'atiil Adileridutrt t~a~ Egttipnxcrii~.Schedule~i{clating to Self=€risuitirire ti the~fat`tr-of 1xliibit G-~'attaclied ]tereto,~as applicatrle~.: •.. ~ . ' . nan,:Z?~::::i,~3>slr~.oft.rtxs:.'Fn~the extent pertnittCii,by applicable laws o'Fthe State; as bet~eeti Lessor'arid Lessee; Lessee assumes all ~rislcs : .; :. ,... '~ ci~l "li'itbilities franc any cause wlraistie'~er; .'svhetlier or t]qt c6vercd by' irLStiiatrce; fat' leis or datriage to any ~uiprinerit and r'or injury to gar .'.~.':. ; •.' .:.':, . death' of any petsian nr damage'to any~propet~ty;:,i~h'et3tei• or not covered lay'itisiu`arice, T..essee hereby assctmes resp€irisihility for'and agrcca . ' '.' :` : :. ,~ ta'.indetntfify Lcssar ftnirt allliabilities;:bbtigatiaiis; lasses, datliages,•pe~tilties;:claims,'actions, costs and expettses;.inclttding reasonable `; r.:: :-~: ,' : attorneys' ~`res;.itripased aft,"iti~it'xed:by ar asseirted against Lcssnr that zclake to~or Yirise vat of title ~Agr;:emettt, iniluding bet not .litrtitrz# to,:.. ..''. .. .. ~ . ~~ .(a} the sclecticin; rrtanttftictiire;~piai~cliase;,accepianae ar rc~ection o'P1:~uiptnenE~ot file owneiship of fire P.quipitient, (li} the dalir~ety; lda€so; , .. •possession; iriairiteiiaiicse;` flee; :cbrfdititiri; retttrti~ vt aperaticin of the Equi~itirent, (c) the tx5ttdition .of the°Ecluipnteztt 'sold ax ~(athervrise ..~ ~-:.. ;;~.,:: ' : dispascd~of:atiea''pas'sessioti by l..essee, (d)~#he ctiitdtzct of Lessee, its officers,-et'nplbyees ariii ag~ttts; (e) ~a 6ieac[a o#'Lessee ol'aiay'b~'its ` ..: . . ~._ ,: - $J147j6Q4;FL ~q-nca@.DpC1rcv.13f04sd : , ,;'. ~ ~. .. ~ ~. ~ ~ . :•c;oiianants~:~ir bbli~iitiotis~liere~u3,der,.{f} i{ny c~aii>i; doss; nosf rn'"ezpeiise ~irivoly€ng alEegci3 ~da~sage #o the nntii~iiiment r~Ea~ing`,to the .: ' „~tSiprnaiit, tticluding,:brat rib't linnited tb' investiga€ion,:rerrtaVal;'clcantip and rerriedial cos"ts;:i~tatl :(g} arry strtct`liability unilci"t3€e laws or ,;~ :• ;:-:. -: :.ludiciat deaisiAns t5f any'st'ate'6r:tlre U>iitiwtt'St~tes. ;This iSi~vifiiiin sl€afl stti~~iric•th~ tdeirainatia€i af,tEtis Agrcefneiif. ;; :.. .. ' " ~i~rtiriii 7.5_ •~)acfr~ir'tenxr'rif F.m'~t~irrer~st; . • : ~s.~eesl7alfprovtde'aaosiapletetten~~azt~trii_.essaranitttediatelyt€patiany~loss;"theft;',::.::.. :.:~ : :::.., - ':damage or destrnctiii€"t ~iif ariy ~uipxnent aiid ~irf airy aciiidezat ittvolvir€g anjr'Equiprrtent.:Lessnr nosy inspect the lu'rlN'rtctit at htiy tii•Y€e and : ~ , `~ ' ,~ fratxi tithe to titrre~durisig rcgttlar~siti§iiiess hotii~s:~ If all 6i•'ariy pair of the 1=,gquiprrient is stUlen; last, ilestroycd or daniage'il lieyorid cejiair ~..::' :. {" l~art5a~±ed lsijiiip:morn"},:LeSSee sh'all-~ritlzui~t)!iiirty`(~O~ days eE3er ~su~Ir e~rent eitli:.(s} replace the sartte at Lessee's snic ~x~ose with `..:... ~ .., , ~.", ~cquiprtietit~liaving substantially sii~ilai~ 5pcdifica~ioris and bfeliial dr ~rtiatee uait€o to tltc Datrta~ed lgtripmont i€nmediately prior bo the titrie ,: , ..:. ,. of the lnss rx;curreuce, stick ~reFrlacemerii ecjuipit€erit to lie stabjeet to Lessor's alsproval; ~~vlierculsatt stick replacement equipnterit`shall3ie ~. ..~ .:substituted iti tha applicable ]::case arid'tbe otkier iilated doi:urncnfs by appropi-iat~e endaisetr€ettt or a€rrendmerit; iir fb) liaY the alapJicable ~ ..: ~ . ::. ;` ,;. ,° : i ::-l'rcpayrirent Price ofthe Barxaagec) lji{Lttprrietit tletettnirie;i asset Earth ixi tlac~rcltiterl l quipzrrcnt Sn'hcdutc. Lcssec shall xioti#y Lessor of ~' '.•~vhich cauisc of action it vain tatce w€thi€t f€Ite~n {25) hays after tlae ]ass ciceurri;rtce: ff., wirl~in farty~~v~ {45} days of the'ioss occurrenrc {a) :Lessee fails to notify Lessai•; {b) lessee aril l:;essor •fazl to exet<uie~ati artienittztczit to the applicable quip€~a~t ScheBule to delete the ..: ' ~: ....,. ..:: .. :Dairiaged ~giiipiacnt and held tyre"retilaeeriieati~tiiprazetit or (~) Lessee I€a"s failed fo pay {lte applicable Pt:epaymcrtt Price; then Le~ssar raiay, ~.. ., .... at its~sole~discretlorideclare Elie ltcable Pte .h mat Price ofthe Damp "eit l t tneti to be i€na'nediatel due a€€d 'a ahlo:;The Ne't .. .. ~ ~ PYm.. ~ ~P ~ y !~y .,. .. .. ; Pltrceeds'of iri~•u't~€itr..t?`t7vfth respect to the l~ir'a~ed Equip€nent'shall he niade'available liy Liessntta be a{aplied tti ~discl:€ar~e I.,essee'..,. . , .. ::~: abtigatioii tuadei• t3ii `Sc~t€ati :. , .:: ~` .: -- ,. . . A.l-i'~')CI:~ YII•t 07'H~l~ ()'I~LIGATI~3lwCS ~OF LESSEE '.. ~cti~,g:t.: IYiait3ttHaneeifi 3a.n~i3i•,~arct; : `Lessee shall riatify I:.+rsstir i€i ?;vritiiag Briar ttr inovin~ itie lWgiiipmeiit to aticither address a~ricl ;' : ; :... +: ~ ~.' ~ . shall bt}ierwise keep the Equipntcnt :at ~e adcir'ess specified in the related ~niprcient Sctiediile: ;lessee sli~ail, at'its~awri expense,~tnaiticain : ;:: ~ :.:• ; .' tlae'Ec}uiptx€etit iti-lirtiper warkittg~oitlet` and sh"atl iiaake:at] necessary te~airs •arid t~p7accnacitts~ to keep tlic l;quiptrierit~iat such condition' : , , : _:~:]Welt€din~' coiripliance •~vi~-i:'Staic ai€d'federal~laws'..~:A€ty'a€id:a31 tnplacertietii parts must tie free of t~ncwribratac~s~ anii ~liezas: ~l~El such ::. ; ~.'.• -~ ~', repla~ceii3c€ii:-pans and acci§sories :sliail :.be :dccrtioci..tb-tae,atetirptstrated ;.in~iiiedi#tely iutn'and to ',coristitutc ~u iuteg€~I partictti ;of, the :::.~:~= ' ~ ,: ; • ut rneratand~as si€ch s~aal] br; sub cot t~ith~e ferriis of~this : . . ~ ~ p ,~ J algt'~rttcnt. ' :;St't~[tit ~-2" '~'~~¢~: Lessee shall pay all+taxes~aiid -other charges wlt9ch'are as"sensed ,or levied against tktc .~ui~Srrient, ~tiae l2etttal .k~ayT»etits :. nr any park thereof; of which' lir;come <lite'dtiriiig the T.:ca5e 'l`cr€~t; ~vrhetlter assessed against T,essec 6r Lessor, eiccent as eiCpresslyli€tiii~d by ~ ; ; ~ ~~ .:'; ..:.: #ltis ~ecticsn::~ Lessee sltatl . "a' all: util'€fies':i€td ialher char es inturi~e~' in~ t3te ii cratian -i~ranltenance; u'se, .0ocu ari attcl ii kee ~ of tlae ~ : ;: pY ~ It ~ p ~'. A p. .. . ; ~uilixiii:iit;'~„attcl all :special ;asscssrrresits :aiid :charges ;larvfirlly ii~adc° by any ~govcriirrientat :6oiiy'th'at "€nay laE secu"red .by ~a-tier; nrr the ::'~ . T.,gtiilSirietit; ..Lessee shall .rici't be~ iregiiireii .rs' pay hrty federal,"state ar ]scat iaicarite;°sur:cessiozt, trditsfer; ~franc}aise; prat, excess profit, ..` • ' ' ', capital stiict€; gross ~rt=~ipts; ,!coi~icsrafe; :nr ~nil-er ~siritilar tax payahle by Lessor, its .sttcc~ssats br assigiis,.'untess sunlt tax is ~tz€ade as ~a suErskituie' for any taic,'isSSessfrierit cii' altarge witicli is tlie•obligatiori o~Lessei<Gtidei•'this Section.:: ~ :: ' ~ • , : . • ~ ~ ~ :' [f Lessee shall Earl to ~ierfu€nt and al'sEs abliga.fions'imder tliis;Article;.Lessor titay take siieh actioti 'ta cure such ; ; failctrc, iuclt:dittg ttie advaia«rt;iiaetaf afttaatiey; slid Lessee shall be obligated to repay all such advances art de€t€and~ t~lith iritetcst at the talc of :. is%perantiuttt or~the tnaxiriit3m-rate pet€tii'itte~~by law, wlticltever is lass; frisrii tare date 6fthe advatace txr the date~Cifrepaytneiit. . •. _ .: Ser•tiinxr_9 t , T'it1e..' i7ut~ug the ~.easc"~:=rm> awiaerslalp and legal ti(!e of al] LC{uapnaerit aztii ~1l ~pladerirtents;~stil~s{ittitinns; :xepairs afid €nndi€restion shall be' in Lcss~ mitt Lessee shall rake ail action nccessaiy to vest~suc3x ov/norship and title iri Lessee. i.essar does trot oevn : .. .t}€e •F~uipzYje't€t and by this Ageetti~enfi attd each:lase ~is t~terely ~fit~ncing~the acquisitidn of such'ectuip~atent for T..essec..l..e;ssor~ha:5 not ~ia~n iu the chaizf oFtitle crf the :Eil€ipriieiat, loos iiot dperaie ctatiirol or have pbssessi€itS Of the >;gt€ipttit:tit ai€d haario,coutt~l aver the Lessee : ~:. ' ~ •. Or tli~ Lessee S operattart, ~lisC,, .. " ..: ,. . stara~ a nr riiaanteria4€icc cif thin Ew t rnestt. .~ - ..: .. , .:.. •: : ". A:II laiovisioias"tcfcrcni;ing T.,essor hav'srig a security interest itrthe Pquilrzr€crtt are hercliy c2ncelled and~~ :shall :trot kiave any farce err eft'eef:'; l.:essar atid.l:essee a~•ee that the Agree€ttcnt does not' "result in tlae creation of any~lien,-cttarr~e,; :: :'security €nkeresi 4t other t:ncti€~tlirarice updrr •tlie l~quilrs~ ctrl ar arty other asset of Lessee , ~: Lesson wi 1 not, ivifhout rize ~i"riar ~zirttt~n eonsc~at of Lossc~r,' afi"'tx :i~r install .arty awes§aiy~ '. _ '.equijsirient.ur dEwice an~ati}r of.ihe.l/gtaiptrterit if Ruch additiar€ ~ri11 change nr iriapair tha~origiuaily intender] :vahte; functioat tit use of the • ~ ..'..::•,• .~ : . ~ertinrl 9 d: •Prirg~iirai 7rrnpre~#~i. 't3ie pmentis~attd shall at all tirt€e;; tac~arid t'c€iiiiirl'persotia] property a€td riot fuctirres:. .:. . ;5ectirin ttl.7: ~::'~elech»ir~rr€ li',~n ment;';.Each:Vendcir artd all-rrf die Eeltaiprtten'hav~'t~eii=selectaii by Lessee. Lessor ~5#tait'tiave nrs :: iesiiansibility in connection with .the:'Selcoiioii':oi' the '~uiprrtent,-the~:c~rtieiing z~€f the :Egiiiptneiit, :its suitability far the use inteiided~ t5y". .;`: -` .: ; :" Les,~e, tlie~acceptance by attyVeiidor op itssales iepresetxiative a~' arty wider suliiniitcd, nr arty delay' ar failure' by sdc[t Vendor tit its sales ; .. ".:' :-`• ::: ~, represeralativc fa manufact€rt'e,~deliver ~zr install airy Egrxiprricitt far use by l.esse~:';:: " ". : ...:: ~ • ... - . .. -~~. ~ .. ;. ;~.tinn lil.2'.~.Neiielnr'a: yVnrraiit,~ .~;essor hereby assigns tv ~ssoC far and cltarirzi~tlte rela#eti Tease Tarn, all afitstinfetust,:ifan}~; iri~al] .:~ ~' ~Vendnr's ~ivaci~ttties,.guars€ttees aril patcnk iitdesnttity ~rrcrrectiart,. e7ipress tit ix~pliitl issx€ed nn or'~iplicatile to an ;~quiprFtettt Gratap,~.aiid :: -.. ' :.; ::.. l_.eSSeeYnhyabtain the customs . ry ~servtce5 fuiiiislied iz€ coiutectior€ ~vitkt suelt' warrazities tittd lti3fante~es at i•,r:ssec"s expense.: l.:essar loos ua : •: . ' ~'~5133','f.164:FL-84~ncsC,t7tFC`.'rGv:ffE04sE~ ~ .... ,;: ' .-• . - obtigatit~€i to drifvtce driyVenciot's:warraztties cit obligaiibiis ati behalf afitself pr l.essec: ,.~,~~inii 10'I.'.:_ittcetait~t~~lr;;it~.;_W~i:"r~tie~ ~;L)rSSEI;r~CICNC}VtiLE17G)~S:'I'1-IA'1":'THE:EE~U1pML7~~,IS OF A ~12E;":D:[:$'1Csht•> ~Al'ACITY, ..AND NTAI+]Ul~',AC't CJR.E SIaI.,ECI']aD .8'Y . I.:IwSSEIw: 'I.,IaS~~E :AClO'VdLI~I]~1rS : T}'IA'~ .IT` . SET:,EC1'EI~ .TIME ` . ~f~I~'Il?M+1E1~1'I' Wl'Tk~IOUT A~SlS'I'.A1~fC}/ •OF LE55b12, l"I'S~ ACaENTS t7I2.I~M~I.,UI'EES..LESSC7R .1S NbT A MA1ti'U~`AC'i'C.7R1}# OF : . .TI~'1 ':Et~iC.III'MEN'I' 'Ult'. A :I)'EA~.~"It'.li`l: SIMILAR E(}UIFM~NT, ;1~ND :IJOES l~ii.]T INSPECT 'T'I"3~ EQUIPMF,NT SEl~OItE ~ : ;.: ~:•. - .:.:: : t1EI.lVl;lt'Y" xa.LESsEI;. I:~sst~i~. ~~s ~rnVi~AItI~ANTY ~~'}~~i~1~sE~v:rArlnl~, .EI-~k-I~;R ExPRESS oli IM~~,IEIi; ~s ~~ : . •'I'f'}F;`1J~,1.,1J1:,17ESIGN,.~C?~l7'i~N,-{~Ua4T.I~"Y>~T~L1>~~Bt~i'f'~, 5UI'~ABILI'TY; MEILCI~AT~I"f-AS~3I~I7"X OR~FTI'NESS kbK'ANY : ~ :.:` ' P~1R'~ICLIL=AR,.I'URk'OS~ O~ p'i'1"l~t}/SS ~'C It Tl~l>! USA ~N~"EIvI~'LA~D I3Y .LESSEE OF 'I'I~IE EQUII'ME~T, .OIt AN1'• D1'HE}t~ ~..: ~' ,.::. ~: '':REPRISI~`I'A`l'ION t'JIt .W`AI~LNT'Y .`~'I' 'It~SPEC'I': TO 7'IiE .E~tJiF'ME~1T.: ;TN NO 'EVE~t'I' :Slil~,T_.la ~ [.E'SSUIt' }3E LIABLE ~.::. '.. ' : ~ .. .1+0It ~_Ai,TY°:'TI~CII~ElY7Ax•, :.t3I2' ~i"C~73~SEQE]I;N~'iAL,'.dAMRCsEB~'~11V~.~:E~NI~I~C'fION `VdITI~I .C7R''ARIS13~1C .OUT C)}~ -TH7S'~, •':~.:: ~. ; ': ~~tiGR~li9`E~!`~'t~I:'fHE`E~}IJI2~NT I71t l.,ESSITE'S I}SE (1F i`I-EIa E{~~.tl}~Ivf1~NT: ;.~~ " .~ : ,•' .Al~'TiC~. 7~I::, :;Ai,SSiG1VME1\'T :Alil'3"SUBL~AS~NC .:. . .. >'. ` ~ r y ~ $~ ~~ e andlat"lnteCe5t';:.." - . :~;'.: . .. , " I.,cssni:'~iithr~ut Lesseesctinsent ` iua~~ assi and ra'assi all of I.~ssdr'sti t~tl' .• . ~::' in and tv this'Agteetneitt cir any l.,e'ase, izio}udirig;:Ei~if riot.liinited ta; i}iC Rental I'•ayiiten#s-anii 6tltcr atnounts paya'bleby I:,@ssee and~Lessor"s :` : ' _ ::'~: ', irftatest ~n the~Irquip~nent; s~i vvliala or in: part`ta ens yr inbre assignees or sub'a`ssz~iiea{s) by Lessor at any tircie...Na sash assignmen# s}~all ..::. , :..~.. - tie e#I'ective~as against Lessee'ttiiless attd-until..writtaii:ntatice af't1t~~assigCiettt is':providetl to'I.essee.' ;'VJFian. pi-~sented u+ith ~ nalice of : ; , •:~ :` :..... ~ ~., ; `assignment;: l..essee hill`aclcttotY,ile:_Ig~e ixr `irrriting receipt of 'stich•notice'far the betie~t'of lessar' aril arty assignee:: Lessce'shall kccfr _2i ' ..'::: ':`. .. _.. ... ~' .`cottiglete'aridaccurate regard of alt sued assigiiuTe#~ts '.. , . .: .:. - : •Neither dais Agrecinetit ntir'any ,ease ar~ at~~> ~Egiiiltrsrattt ~rtaay be ~ssigiied,'::.; :. .:subleased, sit}d,trartsferred, p}edged ar ~r3rS~aged byZessee,~• ...' .~...~. '..' ,~~ - .~ flli~'[~CLI~?~II.. I/"4'~I~tTS iIF T1EFA.CJC,'T` A€dDR~~~EDI~S ., .: '.. ;'„~nri .~t`L:1 ~'•~;v~~ts of ~lr#'a~~tf 'De~n~. '.:'11i~ ocaitiierice'o#' any of tkae'fo3lovuing •eVegts sttalk ccinstitute'an l~v~t'tit' I7sfarikt ~uiiiier tkiis .~ ~ , ' : ~ , "'. ~' ... ,. _ ' :.A ecr;aent aiid e€iclt ~i:ease; ..:. -. : ~ ' ~'(a} ..Lessee`s ~ailtire'to pay; within"teii (lt}}days foklovr~rrg the Hite date tkicreot; any ILetatai ~t'aytnent t'ir`'o#kier atnotint required tti be . p }, . aid fo Lessor athcrthan li reason ai"1~ciri~A ~ ra rtatiait ~ - .: - . ' {b} ::.::'I.es~ee's failure to.mainta~n ~nsurancr; :as rpclttit'ecl by At~icle V~ ..: ' • ~ . (c) :.,:~ .1~itli 1h~~exce~itiot3;of.the above:c}aiisi:s"raj & {b}, Lessee's fakSure to p~rforni ciralitde by ariy cotidifian,'ageeriient ar covenant t`eir .,.~ ; , . = ` ~~' a gcrio~ ut' tliirly {3Q}~ days after t~~l'itteYt.iigCice liy`Lessat to I,cssec specifying Such fail€ire anti t~taesting flta# it be remedied, utikc5tic Lessor ~ ' ~. ' . ':S}uy]}agrc:etrll~'iTtiri~'ta'aCE CXt>rt15iC1rt't~f.tiX1'IC`~riprta"1#Sexgiratian:'. ';.',. .';'.,".' ,:'• : . (d? ~ 'y ' p `tan .bCVVarranty made by Lcssee'iii this`Agreezrierzt was utitracin ariy rnatei-ia1 re5psct I e.5sor"s detei`~Y1~ngtco~3 t11~.t an re re5entai• . :... upon execntian~of this Ageerrti;rtt yr any ~Equipitteni Seliedule: .- '~ :.Eel :.: ~'h~ a~currence of ati Ev~nriif'l"a~ialsikity , "~ .:: :: ~ ~ - . ; ... :. ...: ~. •``~ (f} :The ;filing of a petitiari itt "liaitkriiptdy by'or iga4rist I.essec; or failure by'~ssee pcdrriptly to lift and ~axccuttou;:gaetiishrnent or ;' attachiiteiit af' such cvnst=gtteiscc ~s wouldimpair t1ie ability of Lessee tocarry an its goireritlzter-Cal functions at•' assignment by Lessee"far the bene~t'of tirrditars, .ar t}ie ~itry'by Lessee 3iito an agrectnent of ctsriipir'sitioit'~witlt ctetlitors, ar the approval by'a court of casnpetet~t :.: • ', : =. • ~:; . , .,jur'tsdiattou ~sf~ariy ad~ustrrtent tir' iiide~itediiess~af Lessee, or.thc disstilitdati ar liquidation rrf Lessee.- " . , , ', :' : '.. ~ , . • . ..: ' ~ .', :, £s~zrli Iri t}te event af;:tcfanlt t;y Lessee under the Agrccinent, Lessor's scrle"retYtedies siialC be to due _~ti~~ 1LT,?~ . li:em ' ies an ~ha . 'Lessee for Gvtt3pensatary datttageS 1~itticli: C.,essee agrees Co ~iay and whieb"are liere'by agreed tv be the Prepayrt'ient Price applicable to •' ~.t1oe'itriiaxediatcly precedin.g'Rexatal:~'ayt»en2du~ date; as set Earth ott•tM Payinetit:Schedule, plus any'lterttal ]'ayrnetits accrued-arid' , ..~~ .` .'. unpaid as iif tliu•date defaitli,:grovided that in eh•~ event. that .l:essee valuntarily retut~s the Equipment to Lesser #o'a'location spccitieil ~ ' : ' ' _-`;: .... .... .... P ,.. ~ y g. ., ,. F.., by Lessor; at Lessee's sole ask; cost and sit crtsc and iri tl€e condit~otf r aired ~~ Sectivtt.I3. # of the A reeirteiit, Lessor shall trot have. ,.. atty'furtlter,reinedics againsE'Lesse_e:: Lessar:shgll also leave the'right,iti tkte evetlt'bf default to exercise any Tither right, remedy ar :: .: .., ' able fb°:i.t :ir~clrtditt 'without'lirnitatton , roceeiliii s b" 'a ro riate'caurl•:aCtion'to r' uit'e•s eciiEC' . '..-`' ' : privilege: w•h.ich.tltay'6c:a~uai[, g ~ p ;a Y ]tIt p ~l P . perfai~'rtarices ~o#` arty prb~risiiiii :o'f tie Agreetnerrt'.attier {Bari Lessee's' cisvetxaiit .to'returr- ppssessiati of anct title to dte Equiprrierit; ; ;_..` ': ` ~, . '. ~' ~ which co^ve>iattt shall not be sub3ect.io e'tifva'ce~noiit by sp~aiftc pcrfazxriartce:: ]~essee sliall~remain Iia1}le far a}k ~~egal .fees gird other ;:: ::.~.: :• .. .. cases' aiid cicpenses~iiiclttdirig cniirE ciastsr is:citrt`cd by I:essor in the etifarccmerit of its rerncdies under"the Agreemiitit E~ccept tfi~the ,. ~. ,: ,• ~xtetit lirtihib'iteii by the Cnnstitiittioti and laws ai'the State df F}ai•s~a:.:.'' ::.: ;::: _: ';.`.::.:.' : :: . . ' With respect to ~aity grovisiozt of tuts Agreemer~f requiring l;essee• to :' .-zehiri~'a}]:ar any parrion •pf tkte'Egttiptttettt~ta'Le'ssttr'or to transfer title to:g]} >ir.any.gtirtion of the e~uipment'fo~Lessar, Lessie`agrcbs ~' .::: ,;; #b'valitrit~irt[y+ da sa:' ;€n~th~.event tlitit l=>~ssee.#ai€s' for ruses to ie~trci~br transfer the.'Equipcnent or ~tle thereto valuhtarity ;as set ~.~ : ~;' " :~;' forth°tilitsbe;'Lessar acttriowledges that °ttie'Agreeiiieritdoss rtat aii;i s}talC iiot crcata a right itt Lessor to irivalurt#atily dispossess I.;essee` :~,~~:.: - ~-~'~:. bf title to :o'r liassessian of ak1 br ariy iretti~af t}ac'Egiripirtant,- ;In'€ieu a#'sucli'iigne.Le~sar shall kte entitled. to and Lessee agrees ttt pay :'`:. ' . ..' .: -~"tv Lessor iriitnediately,'~ut only'frviri"L:essee'slegal}y avai}able'and apprapriateil rbvenizes fratn sources other"than'-ad vaic~reiii'or ~ ~ . ..: - `: other tasics,• •the'I'regayniertt :Pricre'apg}ir.2ble"tci~ the immediately :Preceding Rental Payment due ~rtate;~ as set forth aii'the' Payment' .::..":' ::'. ' : Scltedulc, p[rts clay Rental Paym~rifs;aceiized acid uEipaid as of the date v€ suc}t`~iayiititit::.::..' :: , sriazoQa:r~,:~=r~arCxlNV.oiniiu •' '$ . )JX,~'Caf}"!`I()1~.~'AGE OF cKA,STI~R'Li1A5~ AG~~M;rt-1T .: .. .. ..~ ~., - . ~ • . • ~,AS~ iVCTtV~BEt"t 02649 ' ; 1~v~~['~'~l;~S~'i~'"~ERE~F,'.I:essvr'~~.. :~ '~ be e~tedutad"~n its c6i~ititaEe n~i~te by ifs drily a~it~tat`izet~ o~acer . . s .caused Axis A' ~ ~taracrit td ~itti Lessee has caused this Agrect~ie~tt fo be e~exiitcd`in'iis t7~t~te by iss idly aittktvt'i7ed of1'ieer: " .. } . - ~~~~''1.' ~,C)~' ~?i~Y.,1tAY BEACH; ~~. .. . S~3NT~ti~S~ ~A~I~G CU~1~Ok:§:7'iON, ".. , ,... '. Lessen" .:: : :. ".: :'::. ' : ; .::: ~.: ~.essor ~: ::-fir . . By: ~ ~ ,. • :.. By~.. ~Narttc~ ,Ie P ~ • Name: Michae l wets ...: ~ ~ ~~3ate• ~ `lmlatt; - .:..: ,.. .. , . ;.. . ' PsddYess: ~~Off Nlri~ ~it~tAveniie..: .. .. : .. .~.. ~~~ddress .29~W: SuSt~~tehati~a Avenue; Stiit~ 44R : :. , ~ . , .: : , .... :17e1t`sy~Beach,~~.~33444~269$.:-; . , . ":~ ~.,: -~"(ivr§pii;;Mt7 2I204" . ", Telcphoiie: 551/243-712{1 'Tctephanc, .41{11307-G544 ~ .: ;1±a'csiti-ii1e::~:S6t243-7ICt6 ~ ~ FaCSitt~ite;:41013{3'7-6702' . . ., This is CoUrtteTpitrt Nn. t of ~ serially srsimbet+ed, rnarrually exec-ut~d caunterpRrts of " " this dvcntnettt. •1'o the extent thai this Lease Agrcemcttt constitutes chaktel saner - ~: ' itndcr lire kSnitorm C:vmmercial Cud4, a security itttcresi itt this [.,case Agreemenk maybe created thrnugh the transtcr apd possession of C'nunterpxrt Aio. 1 only, without the need to trAhsfer pwsessipn of any ocher original ar counterpart pr copy [at'this i.casc Rgrcernent ar any original yr cvunu;rpart or copy of any sxhit~its, " ad[lettda, schedules, ee€tilicatcs, riders ar other documents and inslrutrtcnts cxsxutcd ' ~ and delivered in connection with this tease Agrcentent. . tlL2fl¢d,F4nq nrsc,€)[)Cl~,r,t,}fMiBSI . EXIIIBIT A EQUIPMENT SCHEDULE N0.02 TO LEASE N0.02649 The following Equipment comprises au Equipment Group which is the subject of the Master Lease Agre~:ment dated as of May 20, 2004 (the "Agreement") between the undersigned Lessor and Lessee. The Agreement is incorporated herein in its entirety, and Lessee hereby reaffu~ns each of its representations, warranties and covenants containedur the Agreement. Lessee warrants that no Non- Appropriation and no Event of Default, or event which, with the passage of time or the giving of notice or both, would constitute an Event of Default, has occurxed under the Agreement. An Acceptance Certificate and Payment Schedule are attached to this Equipment Schedule and by reference are made a pact hereof. The terms capitalized in this Equipment Schedule but not defined herein shall have the meanings assigned to them in the Agreezxaent. EOUI,PMENT GROUP The cost of the Equipment Group to be funded by Lessee under this Lease is $392,020.01 (the "Acquisition Cost"). The Equipment Group consists of the following Equipment which has been or shall be purchased from the Vendor(s) narr~ed below for the prices set forth below: Parlung Meter equipment Eighty Two (82) DS gasoline Galt' Cars with all attachments and accessories, S/N's: AG1004-D73SSS, AG1004-073SS6, AG1004-073557, AG1004-073558, AG1004-073559, AG1004-073560, AG1004-073561, AG1004-073562, AG1004-073563, AG1004-073564, AG1004-073565, AG1004-073566, AG1004-073567, AG1004-073568, AG1004-073569, AG1004-073570, AG1004-073571, AG1004-073572, AG1004-073573, AG1004-073574, AG1004-073S7S, AG1004-073576, AG1004-073577, AG1004-073578, AG1004-073579, AG10D4-073580, AG1004-07'3581, AG10040735$2, AG1004-073583, AG1004-073584, AG1004-073585, AG1004-073586, AG1004-073587, AG1004-073588, AG1004-073589, AG1004-073590, AG1004-073591, AG1004-073592, AG1004-073593, AG1004-0'73594, AG1004-073595, AG1004-073596, AG1004-073597, AG1004-073598, AG1004-073599, AG1004-073600, AG1004-073601, AG1004-073602, AG1004-073603, AG1004-073604, AG1004-073605, AG1004-073606, AG1004-073607, AG1004-073608, AG1004-073609, AG1004-073610, AG1005-074103, AG1005-0741D4, AG1005-074105, AG100S-D74106, AG100S-074107, AG100S-074108, AGIDOS-D74109, AG1005-074110, AG100S-074111, AG1005-074112, AG1005-074113, AG100S-074114, AG100S-074115, AG1005-074116, AG100S-074117, AG1005-074118, AG1005-074119, AG1005-D74120, AG100S-074121, AG1005-074122, AG100S-074123, AG1005-074124, AG100S-074125, AG10flS-074126, AG100S-074127, AG100S-D74128 The Equipment Group is or will be located at the following address(es). Prior to relocation of the Equipment Group or any portion thereof during the Lease Tezxn, Lessee will provide written notice to Lesser: Delray Beach Golf Club 2200 Highland Avenue Delray Beach, FL 33445 CITY OF DELRAY BEACH, Lessee By: Name: Woodie McDuffie Title: Mayor Date: Address: 100 NW ls` Avenue Delray Beach, FL 33444 Telephone: 5611243-7120 Facsimile: 5 611243-7166 811 212 0 69:l3Q-~1TSC.bOGrev~ 5/60/dc SUNTRUST EQUIPMENT FINANCE & LEASING CORP., Lessor By: Name: Donald S. Keough Title: Vice President Date: Address: 300 East Joppa Rnad, 7th Floor Towson, MD 212$6 Telephone: 4101307-6648 Facsimile: 41 OI307-6702 2 Lease Na.: 02649 Equipment Schedule: 02 ACCEPTAie1Cl CERTIFICATE I, the undersigned, hereby certify that I am the duly qualified and acting officer of dre Lessee identified below and, with respect to the above referenced Equiprrrent Schedule and Lease, that: 1. The Equipment described below has been delivcred and installed in accordance with Lessee's specifrcatiaus, rs in good working order and is fully aperatianal and has been fully accepted by Lessee on or before the date indicated below: Parking Meter equipment Eighty Two {82) DS gasoline Galf Cars with all attachments and accessories, S/N's: AG1004073555, AG1004073SS6, AG1004073557, AG1004-473558, AG1004-073SS9, AG1004073560, AG1004073561, AG1004073562, AG1004073563, AG1004073564, AG1004073565, AG1004073566, AG1004073567, AG1004073568, AG1004073569, AG1004-073570, AG1004-073571, AG1004073572, AG1.004073573, AG1004073574, AG1004073575, AG1004-073576, AG1004-073577, AG1004-073578, AG1004-073579, AGIU04-073580, AG] 004-073581, AG1004-073582, AG1004073583, AG1004-073584, AGI004-073585, AG1004073586, AG1004073587, AG1004073588, AG1004-073589, AG1004073590, AG1004073591, AG1004-073592, AG1004073593, AG1004-073594, AG1004-073595, AG1004073596, AG1004-073597, AG1004-073598, AG1004073599, AG1004073600, AG1004073601, AG1004073602, AG1004073603, AG1004-073604, AG1004-073605, AG1004073606, AG1004-073607, AG1004073608, AG1004073609, AG1004073610, AG100S-074103, AGI005-074104, AG1005-074105, AGIOOS-074106, AG1005-074107, AG1005-074108, AGIOOS-074109, AG1005-074110, AG100S-074111, AG1005-074112, AG1005-074113, AGIODS-074114, AG1005-074115, AG1005-074116, AG100S-074ll7, AG1005-074118, AG1005-074119, AG100S-074120, AG1005-074121, AG1005-074122, AGIOOS-074123, AG1005-074124, AG1005-074125, AG100S-074126, AGIOOS-074127, AG1005-074128 2. Attached are {a) evidence of insurance with respect to the Equipment in compliance with Article VIl of the Agreement; {b) Vendor invoice(s) and/or bill(s) of sale relating to the Equiprraent, anal if such invoices have been paid by Lessee, evidence of payment thereof (evidence of official intent to reimburse such payment as required by the Code having been delivered separately by Lessee); and {c) financing statements executed by Lessee as debtor and/or the original certificate of title or manufacturer's certificate of origin and title application, if any, for any Equipment which is subject to certificate of title laws. 3. Rental Payments shall be due anal payable by Lessee an the dates and in the arrzou:nts indicated on the Payment Schedule attached to the Equipment Schedule. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments required to be paid under the Lease during the current Fiscal Year of Lessee. Such moneys will be applied in payment of all such Rental Payments due and payable during such current Fiscal Year. Lessee anticipates that sufficient funds shall be available to make all Rental Paynrrents due in subsequent Fiscal Years. 4. Lessee hereby authorizes acrd directs Lessor to fund the Acquisition Cast of the Equipment by paying, ar directing the payment by the Escrow Agent (if applicable) afy the invoice prices to the Vendor(s), in each case as set forth above, ar by reimbursing Lessee in the event such invoice prices have been previously paid by Lessee. X 5. Final Acceptance Certificate. This Acceptance Certificate constitutes final aeccptance of all of the Equipment identified in the Equipment Schedule described above. Lessee certifies that upon payment in accordance with paragraph 4 above, ar direction to the Escrow Agent (if applicable) to make payment, Lessor shall have fully and satisfactorily perfarcned all of its covenants and obligations under the Lease. [CHECK BOX IF APPLICABLE.] CITY OF DELRAY BlvAC11, Lessee By: Narrre: Waadie McDuffie Title: Mayor Date: 3 81F 212009:BQ-NESC.IJOC1rev.510Dlcic Lease No.: 02649 Equipment Schedule: 02 IPAYMENT SCHEDTTLE The Funding Date with respect to the above referenced Equipment Group shall be August 27, 2009. Lessor shall retain any interest accruing between the Pandang Date and the closing date. The Annual Interest Rate applicable to the Equipment Group shall be 2.75°/a. lessee will make Rental Payments each consisting of Principal anel Interest as set forth below for a term of 4 years. The first Rental Payment is due on Se tember 27 2009 and subsequent payxraents are due monthly on lake date thereafter. Principal Prepayment Date Payment Frinclpa! Interest E3ala~ce Price* 8/27/2009 $0.00 $0.00 $0.00 $392,020.01 $403,780.61 9/27/2009 $8,635.60 $7,733.91 $901.69 $384,286.10 $395,814.68 10/27/2009 $8,535.60 $7,751.70 $883.90 $376,534.39 $387,830.42 11/27/2009 $8,635.60 $7,769.53 $855A7 $368,764.86 $379,827.81 12/27/2009 $8,635.60 $7,787.40 $848.20 $360,977.46 $371,806.78 1 12 712 0 1 0 $8,635.60 $7,805.32 $830.28 $353,172.14 $363,767.30 212 712 0 1 0 $8,635.60 $7,823.27 $812.33 $345,348.87 $355,709.34 3127!2010 $8,635.60 $7,841.26 $794.34 $337,507.61 $347,632.84 4/27/2010 $8,635.60 $7,859.30 $778.30 $329,648.31 $339,537.76 5/27/2010 $8,635.60 $7,877.38 $758.22 $321,770.94 $331,424.07 6/27/2010 $8,635.60 $7,895.49 $74D.11 $3'13,875.44 $323,291.70 7/27/2010 $8,635.80 $7,913.65 $721.95 $305,961.79 $315,140.64 812 712 0 1 0 $8,635.60 $7,931.86 $703.74 $298,029.93 $306,970.83 9/27/2010 $8,635.60 $7,950.10 $6$5.50 $290,079.83 $298,782.22 10/2712010 $8,635.60 $7,968.39 $867.21 $282,111.44 $290,574.78 11/27/2010 $8,635.60 $7,986.72 $648.88 $274,124.73 $2$2,348.47 12/27/2010 $8,635.60 $8,005.09 $630.51 $265,119.64 $274,'103.23 1/27/2011 $8,535.50 $8,023.50 $612.10 $258,095.14 $265,839.02 2127/2011 $8,835.60 $8,041.95 $593.55 $250,054.19 $267,555.82 3/27/2011 $8,635.60 $8,050.45 $575.15 $241,993.74 $249,253.55 4/27/2011 $$,535.60 $8,078.99 $556.01 $233,914.75 $240,932.19 5/27/2011 $8,035.00 $8,097.57 $538.03 $225,817.18 $232,591.70 5/27/2011 $8,635.60 $8,118.20 $519.40 $217,700.98 $224,232.01 7127/2011 $8,535.60 $8,134.87 $500.73 $209,560.11 $215,853.09 8/27/2011 $8,835.60 $8,153.58 $482.02 $201,412.54 $207,454.92 9/27/2011 $8,635.50 $8,172.33 $463.27 $193,240.21 $199,037.42 10/27/2011 $8,635.60 $8,191.13 $444.47 $185,049.08 $190,600.55 11/27/2011 $8,535.60 $8,209.97 $425.63 $176,839.11 $182,144.28 12127/2011 $8,835.50 $8,228.85 $405.75 $158,610.20 $173,588.57 1/27/2012 $8,635.00 $8,247.78 $387.82 $100,352.48 $155,173.35 2 /2712 0 1 2 $8,535.60 $8,200.75 $358.85 $152,095.73 $150,858.60 3/27/2012 $8,635.60 $8,285.75 $349.84 $143,809.96 $148,124.26 412712012 $8,835.60 $8,304.82 $330.78 $135,505.14 $139,570.29 5/27/2012 $8,535.50 $8,323.92 $311.08 $127,181.22 $130,990.55 0127/2012 $8,635.00 $8,343.07 $292.53 $118,838.15 $122,403.29 7/27/2012 $8,635.80 $8,362.28 $273.34 $110,475.89 $113,790.17 812 712 0 1 2 $8,635.60 $8,381.49 $254.11 $102,094.39 $105,157.22 912712 0 1 2 $8,035.50 $8,400.77 $234.83 $93,693.62 $96,504.43 1 012 712 0 1 2 $8,535.50 $8,420.10 $215.50 $85,273.52 $87,831.73 11/27/2012 $8,635.60 $8,439.45 $196.14 $76,834.00 $79,139.08 1 212 712 0 1 2 $8,635.00 $8,458.87 $176.73 $58,375.19 $70,426.45 1/27/2013 $8,635.60 $8,478.33 $157.27 $59,895.85 $61,093.77 sr~zrzao9:aQ-r~sc.©ocrrevsroorctc 212 712 0 1 3 $8,635.60 $8,497.83 $137.77 $51,399.03 $52,941.00 3/27/2013 $8,635.60 $8,517.38 $118.22 $42,881.65 $44,168.10 4/27/2013 $8,635.60 $8,536.97 $98.63 $34,344.68 $35,375.02 5/27/2013 $8,635.60 $8,556.60 $79.00 $25,788.08 $26,561.72 612 712 0 1 3 $8,635.60 $8,576.28 $59.32 $17,211.79 $17,728.14 712712 0 1 3 $6,635.60 $8,596.01 $39.59 $8,615.78 $8,874.25 812 712 0 1 3 $8,635.60 $8,615.78 $19.82 $0.00 $0.00 Totals $414,508.80 $392,020.Q1 $22,488.79 CLTY OT DELRAY BEACH, Lessee By: Name: Woodie McDuffie Title: Mayor Date: * After payment oi'Rental Payment due on such date. $I!?J2 W9:13Q-NESC.DOGrev.51607cfc EXHIBIT B-1 [Non-Escrow) TAX AGREEMENT AND ARBITRAGE CERTIFICATE Lease Number: 02649 Equipment Schedule: 02 This TAX AGREEMENT AND ARBITRAGE CERTIFICATE (this "Certificate") is issued by CITY QF DELRAY BEACH ("Lessee") in favor of SUNTRUST EQUII'MENT FINANCE & LEASING CORP. ("Lessor"} ir- connection with that certain Master Lease Agreement dated as of May 20, 2004 (the "Agreement"), by and between Lessor and Lessee. The terms capitalized herein but not defined herein shall have the meanings assigned to them. in the Agreement. Section 1. Itt General. 1.1 This Certificate is executed far the purpose of establishing the reasonable expectations of Lessee as to future events regarding the financing of certain equipment (the "Equipment"} to be acquircd by Lessor and leased to Lessee pursuant to and in accordance with the Equipment Schedule referenced above (the "Equipment Schedule") executed under the Agreement (together with all related documents executed pursuant thereto and contemporaneously herewith, the "Financing Documents"). As described in the Financing Documents, Lessor shall apply 392 020.01 (the "Principal Amount") toward the acquisition of the Equipment and Lessee shall maize Rental Payments under the terms and conditions as set forth in the Financing Documents. 1.2. The individual executing this Certificate on behalf of Lessee is an officer of Lessee delegated with the responsibility of reviewing and executing the Financing Documents, pursuant td the resolution or other official action of Lessee adopted with respect la the Financing Documents, a copy of which has been delivered to Lessor. L3. The Financing Documents are being entered into for the purpose of providing fiords for fitzancing the cost of acquiring, equipping and installing the Equipment which is essential to the governmental functions of Lessee, which Equipment is described in the Equipment Schedule. The Principal Amount will be disbursed by Lessor an or promptly after the date of issuance of the Financing Documents to acquire the Equipment. 1.4 Lessee will timely file for each payment schedule issued under the Lease a Form. 8038-G (ar, if the invoice price of the Equipment under such schedule is less than $100,000, a Form 8038-GC) relating to such Lease with the Internal Revenue Service in accordance with Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Cade"). 1.5. Lessee has not issued, and reasonably anticipates that it and its subordinate entities, if any, will not issue, tax-exempt obligations {including the Luse} in the amount of more than $30,000,000 during the current calendar year. Lessee hereby designates the Lease as a "qualified tax-exempt obligation" within the meaning of Section 265(b}(3) of the Code and agrees that it and its subordinate entities, if any, will not designate more than $30,000,000 of their obligations as "qualiftedzax-exempt obligations" during the current calendar year. Saetiott 2. Non-Arbitra a Certifications. 2.1. The Rental Payments due under the Financing Documents will be made with monies retained in Lessee's general operating fund (or an account or suhaccount therein). No sinking, debt service, reserve or similar fund or account will be created ar maintained for the payment of the Rental Payments due under the Financing Documents or pledged as security therefor. 2.2. There have been and will be issued no obligations by or on behalf of Lessee that would be deemed to be (i) issued or sold within fifteen (15) days before or alter the date of issuance of the Financing Documents, (ii) issued or sold pursuant to a common plan of financing with the Financing Documents and (iii} paid out of substantially the sanrae source of funds as, or deemed to have substantially the same claim to be paid out of substantially the same source of funds as, the Financing Documents. 2.3. Lessee does not and will not have on hand any funds that are or will be restricted, segregated, legally required. or otherwise intended to be used, directly or indirectly, as a substitute, replacement or separate source of financing far the Equipment. 2.4. No portion of the Principal Amount is being used by Lessee to acquire investments which produce a yield materially higher than the yield realized by Lessor from Rental 1ayments received under the Financing Documents. 2.5. The Principal Amount does not exceed the amount necessary for tlae governmental purpose for which the Financing Documents were entered into. Such funds are expected to be needed and fully expended for payment of the costs of acquiring, equipping and installing the Equipment. 2.6. Lessee does not expect ko convey, sublease or otherwise dispose of the Equipment, in whole or in part, at a date which is earlier than the final Payment Date under the Financing Documents. Section 3. Disbursement of Funds• Reirulrursement to Lessee. 3.1 It is contemplated that the entire Principal Arxrount will be used to pay the acquisition cost of Equipment to the vendors or manufacturers thereof, provided that, if applicable, a portion of the principal amount tray be paid to Lessee as reimbursement far acquisition cast payments already made by it so long as the canditionss set forth in Section 3.2 below are satisfied. 3.2. Lessee shall not request that it be reimbursed for Equipment acquisition cost payments already trade by it unless each of the following conditions have been satisfied: 81171209:BQ•P71rSC.DOClrev..519Qlctc {a) Lessee adopted a resolution or otherwise declared its official intent in accordance with Treasury Regulation §1..150-2 (the "Declaration of Official Intent"), wherein Lessee expressed its intent to be reimbursed from the proceeds of a harrowing for all or a portion of tlae cast of the Equipment, which expenditure was paid to floe Vendor not earlier than sixty (60) days before Lessee adapted the Declaration of Official Intent; (b) Tlae roimburseiaaent being requested will be made 6y a written allocation before the later of eighteen {18) months after the expenditure was paid or eighteen (l 8) months after the items of Equipment to which such payment relates were placed in service; (c) The entire payment with. respect to which reimbursement is boing sought is a capital expenditure, being a cost of a type properly chargeable to a capital account under general federal income tax principles; and {d) Lessee will use any reimbursement payment for general operating expenses and not in a manner which could be construed as an artifice or device under Treasury Regulation § 1.148-IO to avoid, era whole or in part, arbitrage yield restrictions ar arbitrage rebate requirements. Section 4. Use and Investment of l~ unds• Tem ore Period. 4, 1. Lessee has incurred or will. incur, within six months from the date of issuance of the Financing Docurzients, binding obligations to pay an amount equal to at least five percent (5%) of the Principal Amount toward the casts of tlao Equipment. An obligation is not binding if it is subject to contingencies withiia Lessee's control. The ordering and acceptance of the items of Equipment will proceed with due diligence to tlac date of final acceptance of the Equipment, 4.2. An amount equal to at least eighty-five percent (85%) of the Principal Amount will be expended to pay the cost of the Equipment by the end of the three-year period commencing an the date of this Certificate. No pardon of the Principal Amount will be used to acquire investments that do not carry out the governmental purpose of rho Financing Documents and that have a substantially guaranteed yield of four (4) years ar more. 4.3. {a) Lessee covenants and agrees that it will rebate an amount equal to excess earnings on the Principal Amount to the Internal Revenue Service if required by, and in accordance with, Section 148(fl of the Code, and make the annual dotormitaations and maintain the records required by and otherwise comply with the regulations applicable thereto. (b)Lessee reasonably expects to cause the Equipment to be acquired and placed in service within ono (l) mantle of the date of issuance of the Financing Documents. If rho entire Principal Amount has not been expended an the Equipment by the date that is the six-month anniversary of the issuance of tlae Financing Documents, Lessee will provide evidence to Lessor that tho rebate amount has been calculatod and paid to the Internal Revenue Servico in accordance with Section 148(fj of tho Code. (c} Lessee hereby covenants that (i) Lessee is a governmental unit with general tax powers; (ii) the Lease is not a "private activity band" under Section 141 of the Code; {iii) at least ninety-five percent (95%) of the Principal Amount is used for the governmental activities of Lessee; and {iv) tho aggregate principal amount of all tax-oxompt obligations (including the Loose) issued by Lessee and its subordinate entitios, if any, during the current calendar yoar is not reasonably expected to oxceed $5,000,000. Accordingly, the rebate requirements of Section 148(fj aftho Cade are treated as being met, iii lieu ofthe spending exceptions set forth in paragraph {b) above. Section S. No Private Use• No Consumer Laan. 5.1. Lessee will not exceed the private use restrictions sot Earth in Section 141 of the Cado. Specifically, Lessee will riot porinit more than ten (10%) of the Principal Amount to be used for a Private Business Use (as defined herein) i~ in addition, the payment of mare than ten percent (l0%) of the Principal Amount plus intorost earned thereon is, directly or indirectly, secured by (i) any interest in property used or to be used far a Private Businoss Use or {ii) any interest in payments in respect of such property or derived from any payment in respect of property or borrowed money used ar to be used for a Private Business Use. 1n addition, if both {A) more thou five percent {S%) of the Principal Amount is used as described above with respect to Private Business Use and (B) more than five percont {5°/©) of the Principal Amount plus interest earned thereon is socured by Private Business Uso property or payments as doscribed above, then the excess ovor such five percent {S%) {rho "Excess Private Use Portion") will be used far a Private Business Use related to trio governmental use of the Equipxrront. Any such Excess Private Use Portion of the Principal Arriaunt will not exceed the portion of the Principal Amount used for the governmental use of rho particular project to which such Excess Private Use Portion is related. For purposes of this paragraph 5.1, "Private Business Use" means use of band proceeds or band financed-property directly or indirectly in a trade or business carr-iod an by a natural person ar in any activity carried on by a porson other than a natural person, excluding, however, use by a state or local governmental unit and excluding use as a momber of the general public. 5.2. No part of the Principal Amount or interest Darned thereon will be usod, diroctly or indirectly, to mako or finance any loans to non- governmental entities or to any governmental agencies other Haan Lessee. Section b. No Federal Guarantee. 6. L Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed, in wholo or in part, by the United States or an agency or instrumentality thereof. 6.2. No portion of the Principal Amount or interest earned thoroan shall be (i) used in making loans the payment of principal or interest of which aro to be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof, or (ii) invested, directly ar indirectly, in federally insurod deposits or accounts if such investment would cause rho financing under the Fiuancing Documents to be "federally guaranteed" within the moaning of Section 149{b) of the Cade. 8112120°9; BQ-NESC.DOCIrev.51001cis Section 7. Miscellaneous. 7.1. Lessee shall keep a complete and accurate record of all owners ar assignees of the Financing Documents in form and substance satisfactory to comply with the registration requirements of Section 149(a) of the Gade unless Lesser or its assignee agrees to act as Lessee's agent for such purpose. 7.2. Lessee shall raaairrtain complete and accurate records establishing the expenditure of the Principal Amount and interest earnings thereon for a period of five years after payment in frill under the Financing Documents. 73. To the best of the undersigned's knowledge, information and belief, the above expectations are reasonable and there are no other facts, estimates ar circumstances that would materially change the expectations expressed herein. IN WITNESS WHEREOI", this Tax Agreement and Arbitrage Certificate lras been executed an behalf of Lessee as of August 2049. CITY OF' DELRAY BLACH, Lessee By: Nanrre: Waadie McDuifie Title: Mayor 8712!2009, BQ-N1?3C.DOClrev.5l00lclc EXHIBIT C Non-Escrow) Lease Numbez: 02649 Equiprnent Schedule: 02 R1:SOLUTI»~~t N0, R--36-Q9 RESOLUTION OF GOVERNING BODY At a duly called meeting of the governing body of Lessee held in accordance with. all applicable legal requirements, including open meeting laws, on the day of ,the following resolution was introduced and adapted: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 02 AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWTI'H. WHEREAS, the governing body of CITY OF DELRAY BEACH ("Lessee"} desires to obtain ceztain equipment (the "Equiprnent") described iri Equipment Schedule Na. 02 to the Master Lease Agreement (collectively, the "Lease") with SUNTRUST EQUIPMENT FINANCE & LEASING CORP., the farm of which has been available far zeview by the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available undez thc Lease will be applied to the acquisition of the Equiprnent in accordance with such Lease; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arzange for the acquisition ofthe Equipment; and WHEREAS, Lessee proposes to enter into the Lease with SUNTRUST EQUIPMENT FINANCE & LEASING CORP. substantially in the form presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Section 1. It is hezeby found and determined that the terms of the Lease in the farm presented to this meeting and incorporated in this resolution are in the best interests of Lessee fez the acquisition of the Equipment. Section 2. The Lease and the acquisition and financing of the Equipment under the terms and conditions as described in the Lease are hezeby approved. The Manor of Lessee and any other officer of Lessee wlio shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Lease with any changes, insertions and omissions therein as may be approved by the afficezs who execute the Lease, such approval to be conclusively evidenced by such execution and delivery of the Lease. The City Clerk of the Lessee and any othez officer of Lessee who shall Dave power to do so be, and each of them hezeby is, authorized to affix the ofbcial seal of Lessee to the Lease and attest the same. Section 3. The pzoper officers of Lessee be, and each of them hereby is, authorized acid dixected io execute and deliver any anal all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper fez carrying out this resolution and the Lease. Section 4. Pursuant to Section 265(b} of the Internal Revenue Code of 19$6, as amended (the "Code"}, Lessee hereby specifically designates the Lease as a "qualified tax-exempt obligation" for purposes of 5ectian 265(b}{3} of the Code. 'The undersigned further certifies that the above zesalution has not been repealed or amended and remains in full force and effect and furthez certifies that the Lease executed on behalf of Lessee is the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and oznissians as shall have been approved by the officers who executed the same. Date: August _ , 2009 CITY OF DELRAY BEACH, Lessee By: Name: Woodie McDuffie Title: Manor Attested By: Name: Chevelle Nubin Title: Ci Clerk snzr~oog;BQ•rn?se.©QClrev, 5~oo/c]n ~ EXIT D Lease No.: 02649 Equipment Schedule: 02 INCUMBENCY CERTIFICATE l da hereby certify that ~ aru the duly Bleated ar appointed and acting Ci Clerk of CITY OF llELRAY BEACI~i, a political subdivision duly organized and existing under the laws of the State of Florida, that I have custody of the retards of such entity, and that, as of the data hBrBaf, thB individuals named bBlaw are the duly elBCted ar appointed affiaBrs of such Bntity balding thB afccs set forth. opposite their respective names. l furtl~iar certify that {i) the signatures set apposite their respective names and titlBS are their true and authentic signatures and {ii) such officers have the authority on behalf of such entity to enter into that certain Master Lease Agreement dated as of May 20, 2004 between such entity and SUNTRUST EQUIPMENT FINANCE & LEASING CORP.. NAME TITLE Waadie McDuffie Mavor SIGNATURE IN WITNESS WHEREOF, I have duly executed this certificate as of this day of August, 2009. By: Name: Chevelle Nubin Title: City Clerk 8112/2009:BQ-NBSC.©OCIrCV.SIOOIcIc -- t r i i i i~ ~ I ~ ~ ~ -a ~ ~{)f) ~~~~~ ~Si f~~l{:~~~~. ° [.)iil.~l~F~Y ~a~:,F~~~.~'s. ~~°~.,(.}I~li~~r`~.334~dd~ WR1T~R's DlR~CT ~{N~: 561!243-7[191 EXHIBIT E 477J aoo~ SunTrust Equipment Finance & Leasing Corp. 3Q0 East Joppa Road, 7'th Floor Towson, Maryland 21286 Subject: Master Lease Agreement dated as of May 20, 20D4 {the "Agreement"} by and between SUNTRUST EQUIPMENT FINANCE & LEASING CORP. ("Lessor") and CITY OF DELRAY BEACH ("Lessee") Ladies and Gentlemen: We have acted as counsel to Lessee with respect to the Agreement described above and various related matters, and in this capacity have reviewed a duplicate original or certified copy thereof and Equipment Schedule No. 02 executed pursuant thereto {together with the Agreement, the "Lease"). The terms capitalized in this apinian but not defined herein shall have the meanings assigned to them in the Lease. Based upon the examination of these and such other documents as we have deemed relevant, it is our opinian that: 1. Lessee is a political subdivision of the State of Florida {the "State"} within the meaning of Section 1Q3(c} of the Internal Revenue Code of 1986, as amended, and is duly organized, existing and operating under the Constitution and laws of the State. 2. Lessee is authorized and has the power under applicable law to enter into the Lease, and to carry out ifs obligations thereunder and the transactions contemplated thereby. 3. The Lease has been duly authorized, executed and delivered by and on behalf of Lessee, and is a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency and other similar laws affecting the enforcement of creditors' rights generally and by general equitable principles. SunTrust ~quiprnent & Leasing Carp. August 27, 2009 Page 2 4. The authorization and execution of the Lease and alf other proceedings of Lessee relating to the transactions contemplated thereby have been perFormed in accordance with all applicable open meeting, public records, public bidding and afl other Paws, rules and regulations of the State to the best of my knowledge. 5. The execution ofi the Lease and the appropriation of moneys to pay the Rentaf Payments taming due thereunder do not and will not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee. 6. There is no litigation, action, suitor proceeding pending or before any court, administrative agency, arbitrator or governmental body that challenges the organization or existence of Lessee, the authority of Lessee or its officers or its employees to enter into the Lease, the proper authorization andlor execution of the Lease or the documents contemplated thereby, the appropriation of moneys to make Rentaf Payments under the Lease for the current Fiscal Year of Lessee, or the ability of Lessee otherwise to perform its obligations under the Lease and the transactions contemplated thereby. Ta the best of our knowledge, na such litigation, action, suit or proceeding is threatened. 7. Resolution No. 36-09 of the governing body of Lessee was duly and validly adopted by such governing body on August 18, 2009, and such resolution has not been amended, modified, supplemented or repealed and remains in full force and effect. This opinion may be relied upon by the addressee hereof and its successors and assignees of interests in the Lease, but only with regard to matters specifically set forth herein. Sincerely, OFFICE O THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA gy: ~.. ~--.-,~-~..~ R. Brian Shutt, Esq. City Attorney EXHIBIT G-1 lease No.: 02649 Equipment Schedule: 02 DATE: August 27, 2049 TO: Insurance Agent Name & Address Phone Number and Fax Number Gentlernen: CITY OF DELRAY BEACH has entered into a Master Lease Agreement dated as of May 20, 2004 with SUI~TTRUST EQUIPMENT FINANCE & LEASING CORP.. 1n aceardance with the Agreement, Lessee certifies that it has instructed the insurance agent named above to issue: a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance and Lang Far~on Loss Payable Clause naming SnnTrust Equipment Finance & Leasing Corp. and/or its assigns as Lass Payee. b. Public Liability Insurance evidenced by a Certificate of Insurance. The Coverage Required is X392,020.0 i The following minimum coverage is required: liability: $ 500,000.00 per person liability -Bodily Injury: $1,000,000.00 aggregate liability -Property Damage: $1,000,000.00 property damage liability PROPERTY: Parking Meter equipment Eighty Two (82) DS gasoline Golf Cars with all attachments and accessories, S/N's: AG1004-073S5S, AG1004-073SS6, AG1004-073557, AG1004-073558, AG1004-073559, AG1044-073560, AG1004-D73561, AG1004-073562, AG1004-073563, AG1004473564, AG1004473565, AGi0D4-073565, AG1004-473567, AG1004-473568, AG1004-073569, AG1404-073570, AG1004-473571, AG1004-073572, AG1004-473573, AG1004-473574, AG1004-073575, AG1004-073576, AG100MD73577, AG1D04-473578, AG1004-073579, AG10D4-473584, AG1004-073581, AG1004-473582, AG1004-073583, AG1004-073584, AGi044-073585, AG1044-073586, AG1004-073587, AG1004-073588, AG1004-073589, AG1D04-073590, AG1004073591, AG1004-073592, AG1404-073593, AG1004-473594, AG1004-473S9S, AG1004-073596, AG1004073597, AG1004-073598, AG1004-073599, AG1004-073600, AG1004-073601, AG1004-073602, AG1004-073603, AG1004-073604, AG1004-073605, AG1004-073606, AG1004-073607, AG1004-07360$, AG1004-473609, AG1004-473610, AG1005-074103, AG100S-074104, AG100S-074105, AG100S-074106, AG104S-074107, AG1005-474108, AG1005-474109, AG1005-D74110, AG1005-074111, AG100S-074112, AG100S-07411.3, AG1005-074114, AG1005-074115, AG1005-474116, AG140S-474117, AG1005-074118, AG100S-074119, AG100S-474120, AG1005-074121, AG100S-074122, AG100S-fl74123, AG100S-074124, AG1005-074125, AG1005-474126, AG1.005-fl74127, AG1005-474128 LOCATION: Delray Beach Golf Club: 2200 Highland Avenue, Delray Beach, FL 33445 Upon issuance of the coverage outlined above, please wail a certificate of insurance to SunTrnst Equipment Finance & Leasing Carp., 300 East ,loppa Road, 7`h Floor, Towson, Maryland 21286. Your courtesy in issuing and forwarding the requested certificate at your earliest convenience will be appreciated. Very truly yours, CITY Old' DELRAY BEAClrI, By: Name: Woodie McDuffie Title: Mayor Date: EXH.3~' G-Z Lease Nurriber: t12G49 Equig~nant Schedule: fl2 r~ulsTroNNAZ~ lroa~a sL~-~s~c~ To MASTER LEASE AGREEMI±,NT Itt cant;ectlan w~ the Master Lease ,Agreemeot Cthe "Agree~men~'}, dated as o£ May 2t3, 20t}~l, made and entered iota by axtd between. S~'~tl<3ST ~~YJ,~PMENfi F~ANCIE & ~..E,A,STNG C~1Rl'., as Lessor {the "Lessor"}, and the lessee ideni~.fiexl below, as Lessee (the "Lessee"}, ~.,essee wart~tts and represents to Lessor rite following infrn~snatian. The ternxs cagitali~d herein but not deed ixezein. shall have the risings assigped ~ them itz the Agreexxten~t. 1. Property Insaera~tce. a, Lessee is serf ins~ed £o s or dastructic~ ~ dze ~uigrtt. 'Yl/S NO . {circle acre} ~/ Ii'yes, the dollar araoustt ' or groperiy damage to rite Equipment under rite Lessee's self-iussxrance gragratn $ ~s~ l?~ b. `T3te Lessee znaixttaiuss an. tr~tbrella insttraxsce policy £ar claims ire excess o£Lessea's self ixs5urattce limits £or~ g~''aperty damage to the l~uigmet~t as ' ave. NC3 (circle one) Tfyes, the umbrellalm ' pro cAVe~e £ar all rislG property daxtaage. YES NCJ {circle one} Ifyes, the dollar limit £or erty damage to the Equipxxzezst under such umbrella p~-licy is $ ~ ~~ .Liabtlf r rrc . a. f.essee is self insured £ar l'abilitjr for lujttry or death of any person ar damage ar lass a£progerty arising out of or relat'rst; tr3 the condition or operati o£ a l~quigxxsexat. YES NO (circle Dire} lfyes, the dollar limit far liability elaltus tinder the Lessee's self irssurance progeatn is $ C}#~ ~- b. The Lessee Mains axe brella inssaranae policy far elaims itx excess o£Lessee's selfixasRtt~ance limits £or liability ineluding .injury or dea or damage to property as itxdicated above. Xl3S ND {circle one} 'yes, rite ts~ttbrella Bolt des coverage for liabilikics for i~tjttry and death to persons as well as damage or loss of property arising out of r rel to the condition or operation a£tlxe Bquigrssettt. "YES NO {circle one} 1£ yes, rise dollar atuou>rrt oftlte umbrella policy°s limits for such. liability coverage as $ ~~~ a• Lessee main#ains a ^insr..tran iiiird. YES NO Ccxi'cIB Axle} Ifyes, please sample la Monies in the self-iatsttrartse Elio are sub' to axuiual appxogxlatioxt. YES NO (aisle azie) ~~ The total aixiouitt sxsaiittaisk$d in the s -utsuratrce Lurid to cover Lessee's self-irssuraiies liaabilities is $J 0~v~„~c,~r~ b. AmAtmts paid fra~na the Lessee's self' i are subject to limitations far each claixti. f~ YES NC} {circlx; one) Ifyes, the dollar atxioiint oflirnit per claim is B!i?17A09:S42-NL•SC,DOC7rav.51tlC77etic 1 ~ 3 . Ivo,Se1 rrrsu crnc ~*`zxnd, {~ ~ ~° ~ a. if Lessee does ~otmair~isin a self insuratacs funciy please caraplsts the i'ollawing: Lessee obtains ids fa pay claims £or wlaicla it has self insrued from the fr~llovvmg so~nress: b. Ths iinnitations a~ the ama~t~ payable for claims from the abbvs soar+ces axe as faallows: 4 authority. Q~. a_ The foilowiiag entity ar n#~cer has ~hority to aothorizs payt fbr claim: ~ ~ ~ t ~` b. ~ ~e event the officer ed io the praar xsspor~se denies payment ofa clz, sloes the claimant have rscourse ro another arlxr~~ istrati a at~cer, agen ar tk~e catrrks? XIS NU (circle oz~e) Ifyss, to wh claimant have reeaurss? 5. C'ertifrcat~s afrrrs~r~ace. Attacl~;d hero are copies of certa£ a~ in~ce with reject to polzcies znair~taussrl by Lessee. I1V W~.TN.~SS '~E~'tl:{D~, Lessee has ca~ssd this Qaestionnai:re to be exeetzted as a sapplemesit tQ the repzessz-~tiaas ak' lessss icy the Agreeme~at by rts daily aathnci offacer. C1CC'1<'' Ulf ll~lLiiAY BEAM Lessee BY~ Name: Woodie 1Vial~utTie .Title: Mayer Date: Telephone: 5613_7120 p'acsimile: 5611243 7156 Attaclzaxabt ar~vzoormr~-ra~scnoc~~.sroorot~ 1' ~ SUNTRUST EQUIPMENT FINANCE & LEASING CORP. ADDENDUM TO EQUIPMENT SCHEDULE NU. 02 TO MASTER LEASE AGREEMENT {LEASE N0.02649) RELATING TO SELF-INSURANCE THIS ADDENDUM is made as of August 27, 2009, between SUNTRUST EQUIPMENT FINANCE & LEASING CORP. (the "Lessor") and CITY OF DELRAY BEACH {the "Lessee"). Recitals A. Lessor and Lessee have entered into a Master Lease Agreement dated as of May 20, 2004 {the "Agreement"). B. Lessee desires to lease equipment described in Equipment Schedule No. 02 to the Agreement (the "Equipment") and Lessee has requested that Lessor lease such Equipment to Lessee. C. With respect to Equipment Schedule No. 02, Lessee has requested that Lessor permit it to provide self-insurance for liability claims and property damage. D. Lessor is willing to grant Lessee's request subject to the following terms and conditions. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein and in the Agreement, it is hereby agreed as follows: 1. The terms capitalized in this Addendum but not defined herein shall have the meanings assigned to them in flee Agreement. 2. Lessee hereby represents and warrants that all representations and warranties contained in the Agreement are true and correct as of the date hereof and that neither aNon-Appropriation nor any Event of Default or event which, with the passage of time ar giving of notice ar both, would constitute an Event of Default has occurred under the Agreement. 3. All other terms and conditions of the Agreement not specifically amended by this Addendum shall remain in full force and affect and are hereby ratified and confirmed by Lessee. 4. Lessee represents and warrants that all representations and warranties contained iar the Questionnaire for Self- Insurance to Master Lease Agreement {the "Questionnaire") are true and correct as of the date hereof. 5. Lessor acknowledges receipt of the Questionnaire and, in reliance upon the information provided therein, agrees that Lessee may satisfy the requirements of Sections '7.1 through 7.3 of the Agreenreent with respect to Equipment Schedule Na. 02 through self insurance. 6. By written notice to Lessee, Lessor may revoke its agreement relative to Equipment Schedule Na. 02 to accept self-insurance in lieu of the insurance required by Section 7.1 through 7.3 of the Agreement at any time during the related Lease Term when Lessor deems itself insecure with respect to such self-insurance. Within thia-ty {30) days of receipt of notice from Lessor, Lessee agrees to obtain insurance in compliance with Section 7.1, 7.2 and '7.3 of the Agrecrx~ent and provide evidence thereof to Lessor. IN WITNESS WHEREOF, the parties by their duly authorized officers have executed this Addendum as of the date and year fu'st above written. CITY OF DELRAY BEACH, Lessee SUNTRUST EQUIPMENT FINANCE & LEASING CURT'., Lessor t By: Name: Woodie McDuffie Title: Mayor Date: 81 i 212 009: 8 Q• N L^ S C. D 0 Clre v. 510 O lc! c gy. ~....r-~- ~.__.._____._ Name: Donald S. Keough Title: Vice President Date: I6 ~ ~. ~ ~'~' SUNTRUST EQUIPMENT FINANCE & LEASING CORP. ADDENDUM TO EQUIPMENT SCHEDULE NO. a2 TO MAS'T'ER LEASE AGREEMENT (LEASE NO. tf2649) RELATING TO SELF-INSURANCE This is counterpart f of ~ serially numbered, manually executed counterparts of this document. Ta the extent that this Lease Agreement constitutes chattel paper under the Uniform Commercial Code, a security interest in this Lease Agreement may be created through the transfer and possession of Counterpart fin. 1 only, without the need to transfer possession of any other original or counterpart or copy of any exhik~its, addenda, schedules, certificates, riders or other documents and instruments executed and delivered in connection with this Lease Agreement. ~. 7 8l1212Ff69: ~Q~NESC.bgCJrcv.Sl001c1c [PAGE TO BE REPLACED BY UCC IiINANCXNG STATEMENT] NIA - UCC'S N®T IaILFI3 IN I+~.OkZI:I~A 16 an vzovs:aQ.rrssc.nocrrevswv~crc ~r~A - Ucc~~ N®T F~L~D ~N ~~,®RIDA SCIIEDULE A TO FINANCING STATEMENT OF CITY OF I)ELRAY ]~EACI-I, AS DEBT®R, AND SUNTR.UST E~UIPIVIENT FINANCE ~& LEASING CORP., AS SECURED PARTY Continuation of Collateral Deseriuton The financing statement to which this Schedule A is attached covers the types of property described on the face pf such financing statement and alk of the Debtor's right, title and interest in and to (collectively, the "Collateral"): (a) the equipment described iin Equipment Schedule No. Ol dated as of ~DA'l'EJ (the "lquipment Schedule"} to the Master Lease Agreement dated as of ~17ATE} (the "Agreement," and together with the Equipment Schedule, the "Lease"} between Debtor, as Lessee, and Secured Party, as lessor, as such Lease maybe annended, modified or supplemented from time to tune; and (t,} to floe extent not included in the foregoing, all books, ledgers and records and all computer programs, tapes, discs, punch cards, data processing sokfiware, transaction files, master Pikes and related property and rights (including computer and peripheral equipment] necessary or helpful in enforcing, identifying or establishing any item of Collateral; and (c} to the extent not included in the foregoing, all repairs, replacernents, substitutions and modifications and all proceeds and products of any or alt of the foregoing, whether existing on the date hereof or arising hereafter. ~. 7 a~tvzoo9:se-r~sc.tac>c~r~ s~oo~~s~ Form ~®~i~-G !n#vrmativn Return for Tex-Exempt Governmental ®bAigations - Under Internal Revenue Code section 149(e) OMl3 No. x545-o720 (Rev. iVavember 200(1) - gee separate Instructions. oepanment o€ the Treasury ~atltign: !F the lSSUe JJrtCe iS under $TOD,ODO, use Fgrm St?38-CSC. Internal Reven¢e Service F;FT~i Reunrtinp Authority If Arraended Returrt. check here - n 1 Issuer's name 2 Issuer's employer identiticatinn number City of Delray Beach 59 ; 600D30$ 3 Number and street (or P.C3. lox if mail is not delivered tp street address) Room/suite 4 Report number 700 NW 1st Avenue 3 04d}1 5 City, Lawn, or post offrce, state, and .ZIP code S Date or Issue Delray Beach, FL 33444 08124!2009 7 Name of issue 8 CUSIP number Master Lease Agreement I`!o. 02649, lquipment Schedule Na. 02 l~lA 9 Name and title of officer or legal representative whom the IRS may call for more information 10 7elephnne number of officer ar legal representative Woadie Mct}uffie, Mayor ( 561 J 243-7120 T e a>E Issue (cl~eclc a livable box(es) and enter the issue rice} See instructions and attach schedule 11 ^ Education 17 12 . . ^ Nealth and hospital 12 13 ^ Transportation 13 1A ^ Public safety. . . . . . 14 15 ^ Environment {including sewage bonds) . 15 16 ^ Noosing 16 1T ^ lftilities 17 18 . ©Other. Describe - parking Meters and Golf Carts 1g 392,D20.01 19 20 If obligations are TANS or RANs, check box - ^ if obligations are BAIVs, check bax - ^ if obli ations are in the form of a lease or installment sale, check bax - Descri tion of Obli ations. Corn late for the entire issue for which this form is bein filed. (a} Final ma€urfty date (b~ issue price (c} Stated redemption price at maturity (d} weighted average maturity (~~ Yield 21 Dsr27r2D13 ~ 392,D2o.o~ $ 392,02D.01 4 ears 2.7fi ~i~ • Uses of Proceeds of Bond Issue (includin underwriters' discount) 22 Proceeds used far accrued interest 22 23 . Issue price of entire issue (enter amount from line 21, column {bjj 23 392,fl20.01 24 . Proceeds used for bond issuance costs (including underwriters' discount) 24 25 Proceeds used for credit enhancement 25 26 . Proceeds allocated to reasonably required reserve or replacement fund . 26 27 Proceeds used to currently refund prior issues . 27 28 _ Proceeds used to advance refund prior issues 28 29 'fatal {add lines 24 through 2sj . . 29 30 Nonrefundin roceeds of the issue {subtract line 29 from line 23 and enter amount here) . _ 30 392,020.D1 • Descri tiara of Refunded Bonds (Corn lets this art rani for refundin bands.) 31 32 33 34 Enter the remaining weighted average maturity of the bands to be currently refunded . - Enter the remaining weighted average maturity of the bonds to be advance refunded . - Enter the last date on which the refunded bonds will be called . . - Enter the date{sj the refunded bonds were issued - years ears • Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141{b)(5j 35 ___ 36a Inter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 35a b Enter the final maturity date of the guaranteed investment contract - 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a b If this issue is a lawn made from the proceeds of another tax-exempt issue, check box - ^ and enter the name of the issuer - and the date of the issue - 38 If the issuer has designated the issue under section 265(b)(3)(S){i){IIl) {small issuer exception), check box - 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . - ^ 40 If the issuer has identified a bed e, check box - ^ tinder penaSties o8 perjury, 1 declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and 17eliet, they are true, correct and complete. Sign H~~f'- Waodie McDuffie, Mayor ' Signaturo ar issuer's authorized representative Date /Type or print name and title Far Pap+wrwark Reduction Act I\9atice, See page ~ of the InSttUCtiarl5. Cat. No. 637735 Form $038-G (Rev. t~-zooD) SUNTRUST EQUIPMENT FINANCE ~r L.EASING CORP. AMENDMENT NO.O'f AMENDMENT TO LEASE DOCUMENTS THIS AMENDMENT TO LEASE DOCUMENTS dated as of this day of AllgUSt, 2DD9 (this "Amendment"), by and among SUNTRUST EQUIPMENT FINANCE & LEASING CORP., (a wholly owned subsidiary of SUNTRUST LEASING CORPORATION), its present and future affiliates and their successors and assigns ("Lesser"), and CITY OF DELRAY BEACH its successors and permitted assigns ("Lessee"), amends that certain Master Lease Agreement Nn. D2649, dated as of May 2D, 2D(}4 (the "Lease"), all of the Equipment Schedules or Promissory Notes entered into pursuant thereto and all of the other documents and agreements entered into in connection therewith by and between SunTrust Leasing Corporation and Lessee, as amended or otherwise modified (hereinafter collectively referred to as the "Lease Documents"). The capitalized terms used herein but not otherwise defined herein shall have the respective meanings given them in the Lease Documents or the other documents referred to therein. RECITALS WHEREAS, effective 12:D0 a.m. Eastern Time on January 1, 20D8 ("Effective Date"}, SUNTRUST LEASING CORPORATION, has transferred substantially all of its rights, interests, obligations, assets and liabilities to its wholly owned subsidiary SUNTRUST EQUIPMI=NT FINANCE & LEASING CORP. and the patties desire to amend ail of the Lease Documents to reflect the name of SunTrust Equipment Finance & Leasing Corp. as the Lessor. NOW, THEREFORE, in consideration of the foregoing premises and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto da hereby agree as follows: 'f. AMENpMENT. Each of the Lease Documents, together with any other agreement, document, exhibit, schedule, note or annex delivered in connection with any of the same, is hereby revised (which revision shall be deemed effective upon and at all times after the Effective Date} so that any and all references therein to "SUNTRUST LEASING CORPORATION shall be replaced with "SUNTRUST EQUIPMENT FINANCE & L1=ASING CORP." Z. COVENANTS. Upon the execution of this Amendment, Lessor will promptly execute Uniform Commercial Code Statements of Amendments and any other filings and recordings, together with such further documents, instruments and assurance and take such further action as Lessor may deem necessary in order to carry nut the intent and purpose of this Amendment. 3. MISCELLANEOUS. This Amendment shall hereafter amend and constitute a part of each of the Lease Documents referenced herein. Except as expressly provided herein, the terms and conditions of each such Lease Document remains unmodified and in foil force and effect. This Amendment shall be governed by and in accordance with the laws of the Lease Documents. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the patties have caused this Amendment to Lease Documents to be executed as of the date first above written. (Amend•SunTrusl-Lease-no guarantvY) {021D4) SUNTRUST EQUIPMENT FINANCE & LEASING CORP., Lessor ~y: .....~ SI~.AL] Name: ©nnald 5. Keau h Title: Vice President CITY OF DELRAY BEACM Lessee gy: [5EAL] Name: Woadie McDuffie Tile: Ma or This is counterpart ~ of o2 serially numbered, manually executed counterparts of this document. Ta the extent that this Lease Agreement constitutes chattel paper under the t~nifnrm Commercial Cade, a security interest in this Lease Agreement may be created through the transfer and possession of Counterpart No. ~ only, without the need to transfer possession of any other original or counterpart nr copy of any exhibits, addenda, schedules, certificates, riders ar other documents and instruments executed and delivered in connection with this Lease Agreement. MAK:3572A 6.3:tl8! 22109 SUNTRUST EQUIPMENT FINANCE & CEASING CORP. AMENDMENT NO, OZ AMENDMENT TO THE MASTER LEASE THIS AMENDMENT TO THE MASTER LEASE dated as of this day of A__ uc~st, 2089 (this "Amendment"), by and among SUNTRUST EQUIPMENT FINANCE & Li=ASING CORP., its present and future affiliates and their successors and assigns ("Lessor"), and CITY OF DELRAY BEACH its successors and permitted assigns ("Lessee"), amends that certain Master Lease Agreement No. 02649, dated as of Mav 20, 20x4 {the "Agreement"), by and between SunTrust l quipment 1=finance & Leasing Corp. and Iwessee, as amended or otherwise modified. The capitalized terms used herein but not otherwise defined herein shall have the respective meanings given them in the Agreement. RECITALS NOW, THEREFORE, in consideration of the foregoing premises and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: 1. AMENDMENT. The Master Lease Agreement is hereby revised as follows: The following paragraph shall be added as Section 13.11 of the Agreement: Section 13.11. USA Patript Act Compliance Notification. Along with all other U.S. Financial institutions, Lessor began complying with Section 326 of the USA Patriot Act effective October 1, 2003. Designed to assist the government in preventing the funding of terrorist and money laundering activities, this section of the USA Patriot Act requires Lessor tv Know the business and municipal entities that are new to SUNTRUST EQUIPMENT FINANCE & LEASING CORP.. Tv accomplish this Lessor Will obtain, verify and record information that identifies business and/ar municipal entities that open new accounts, lease-purchase, or finance equipment or capital improvements with the Lessor. What this means to the Lessee: When Lessee Opens its account or leasellnan With Lessor, Lesser will ask Lessee for its correct and full legal businesslmunicipal name, physical address, taxpayer identification number and other information that will allow for Lessor #v verify Lessee's identity. The information requested may include documents, such as statutes, resolutions, and your charter, Articles of Incorporation, andlor other formative documents as may be reasonable andlor customary for Lessee's entity type Which will verify the identifying information Lessee is giving the Lessor. 2. MISCEi`LANEOUS. This Amendment shall hereafter amend and constitute a part of the Agreement referenced herein. Except as expressly provided herein, the terms and conditions of such Agreement remains unmodified and in full force and effect. This Amendment shall be governed by and in accordance with the laws of the Agreement. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to Lease Documents to be executed as of the date first above written. {Amend-SunTrust-Lease•no guarantor} (0210D} SUNTRUST EQUIPMENT F[NANCE & LEAS[NG CC}RP,, Lf:SSar 8y: ~--~--~' SEAL] Name: ©onald S. Keour~h Title: Vice President CITY QF DEl.RAY BEACH Lessee By: [SEAL] Name: Woodie McDuffie Title: Ma or This is counterpart ~ of ~ serially numbered, manually executed counterparts of this document. To the extent that this Lease Agreement cons#itutes chattel paper under the Uniform Commercial Code, a security interest in this Lease Agreement may be created through the transfer and possession of Counterpart Na. 1 only, without the need to transfer possession of any other original or counterpart or copy of any exhibits, addenda, schedules, certificates, riders or other documents and instruments executed and delivered in connection with this Lease Agreement. 2 EXHIBIT A EQUIPMENT SCHEDULE NO. {12 TO LEASE NO. Q2649 'phis is counterpart ~ of ~ serially numbered, manually executed counterparts of this document. Ta the extent that this Lease Agreement constitutes chattel paper under the Uniform Commercial Code, a security interest in this Lease Agreement may be created through the transfer and possession of Counterpart ?~To. 1 only, without the need to transfer possession of any other original or counterpart nr copy of any exhilaits, addenda, schedules, certificates, riders or ether documents and instruments executed and de7.ivered in connection with this Lease Agreement. 8! 12!2099: BQ-1V FsSC. DOClrer, 510 D/c I c ~~' UNTRUST EQUIE'MENT FII'~lAl\IC~ & L~~SING ~{JF~P. PAY PROCEEDS LETTER 1 DISBtDRSEl4ylENT AlJT1iORIZATION August 27, 2009 SunTrust Equipment Finance & Leasing Carp. 300 E..loppa Road, 74r' Floor Towson, MD 212$6 Gentlemen: In connection with the certain Equipment Schedule No. 02 between SUNTRUST EQUIPMENT FINANCE & LEASING CORP. {"Lessor") and CITY OF DELRAY BEACH {"Lessee"), pursuant to that certain Master Lease Agreement dated as ofi May 20, 2004, between Lessor and Lessee {the "Lease"), Lessee hereby authorizes and directs Lessor to pay for the equipment, covered under the above referenced Schedule, VIA WIRE TRANSFER as follows: Destination Information: Bank Name Wachovia Bank N.A. Bank ABA Number 053000219 Account Number 20186$0831249 Account Name Club Car Inc. Attention Dollar Value $131 420.01 Reference Ci ofi Delra Beach _ olf carts Bank Name Bank of America Bank ABA Number 026009593 Account Number 1451025661 Account Name City ofi Delra~Beach Attention Becky O'Connor 561-243-7120 Dollar Value $260 600.OQ Reference Reimbursement on parkins meters TOTAL DISBURSEMENTS: $392,©20<0~ Lessee acknowledges delivery, acceptance and good working order of all the Equipment. Lessee warrants that payment to the persons of the amounts described above constitutes full and final payment to all persons necessary sa that the Equipment is fully paid for and shall be owned by Lessor firee of all liens and encumbrances. CITY OF ©ELRAY BEACH Lessee sy: Name: Woodie McDuffie Title: Mayor Date: PAY PRaCEEDS f D15BlfR5EMENT (11199} Internal Revenue Code 1031- ADDED 118 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 US 1 MODIFICATIONS/5TH AVENUE AT DELRAY ITEM BEFORE COMMISSION This item before Commission is consideration of approval to move forward with constructing proposed improvements along the east side of US 1 between N.E. 1st Street and N.E. 2nd Street. BACKGROUND 5th Avenue at Delray is a mixed use development, currently under construction, which abuts the east side of US 1 between NE 1st Street and NE 2nd Street (100 Block of NE 5th Avenue) for approximately 440 feet. The approved site plan includes installing new curb and gutter and a five foot wide sidewalk (within the existing rights-of-way) along the entire frontage of this development. On May 17, 2009 Commission approved moving forward on the design of the permanent improvements along US 1 between SE 10th Street and George Bush Boulevard. These improvements include wider sidewalks on both northbound and southbound US 1 between SE 2nd Street and NE 2nd Street. 5th Avenue at Delray is within this section of proposed wider sidewalks. 5th Avenue at Delray is at the stage of construction where they will shortly begin reconstructing the curb and gutter and sidewalks along their frontage. If 5th Avenue at Delray reconstructs the curb and gutter and sidewalks according to their approved site plan, the City will be tearing up the newly installed curb and gutter and sidewalks in less than two years, when the construction of US 1 is programmed to begin. If 5th Avenue at Delray constructs the curb and gutter and new sidewalk per their approved site plan they will also be required to contribute to the improvements the City will be implementing along US 1. This request is seeking approval to partner with 5th Avenue at Delray where the City would provide the plans for the ultimate cross section of US 1 and 5th Avenue at Delray would construct these improvements. This approach would save time, money and valuable resources. Attached is a copy of the paving plan and the proposed typical cross section to be utilized. RECOMMENDATION Staff recommends approval to provide 5th Avenue of Delray with the ultimate design cross section for the 100 Block of NE 5th Avenue and have the development construct one-half of these improvements. SECTION C. WITH FIBER ODE, COMPACTED ~I 30' US-1 10'-22' R.O. W_ SIDEWALK TO MATCH EXIST. GRADES 15.46 FF EL EL=14.1-14.5 =15.50 5' 2q; MIN .--" 2% ~ E.~,XIST. PVMT. STEPS AS NEEDED PAVER SIDEWALK SEE DTL SHEET 4 E STEP ENTRY SECTION 1 1 N TS E, COMPACTED 180 (FBV=75 psi) ~~~. i ivw C. (TWO LIFTS) OR ;. (ONE LIFT) 'ACTED TO 98~ PER AASHTO )AT PER FDOT INDEX 300 ti W _~ I e I I °a I I I I I I I I I I I y° I W ,~ ~I ~ AI ~ ~ ~~ ~ u I ~ I I i I I I I , I I , I r^ W J I'' tv,1' o I J W W ~ `~ I g z ~ (/~ w I ~ I ~~ I I ~ j I I ~~~wle ~ I I ~1 O ~1 (n Fu ~ ~ ml I I ~ ~ ~ ~I ~' ° = ~~ o f I 0 0 ~ (~ ~ o I ~ ' o f I ~ O z l ~ I I rJ Z ~ Q ~ ~ I I ~ ~ Q Q y~ ~ d I I ~~~Q ~~ ~ w ~ ~ ° I I ~ M I I U ~ Cv ~ ~ j~oa I I ~ I~ ~ °°~o'~ ~ W ~ I I ~ ~ e ~s~$ I I ~ JWm Y z I I ~~ W~ ^ ~`~~ ~ x ~ ~ I\ Q I ~ z W ~ O W O O ~ Q ~ a ~W 00 W 2 4 O ti O MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 12, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 VOLUNTARY CONTRIBUTIONS FOR CULTURE AND THE ARTS /CREATIVE CITY COLLABORATIVE ITEM BEFORE COMMISSION City Commission is requested by the Creative City Collaborative to consider transferring the gross amount of funds versus net amount collected through the Voluntary Contribution to Cultural Facilities and Arts Program to the Creative City Collaborative account. BACKGROUND In April 2008, City Commission approved on a trial basis the solicitation of voluntary contributions for Cultural Facilities and Programs and the Arts and Cultural Events on a quarterly basis through our water bill mailings. As you might recall, due to computer program issues, we could not include a box to check off a contribution on the water bill, but had to send a separate flyer. Commission agreed that funds collected would be given to the Creative City Collaborative to build up a fund to award grants to Cultural Facilities and Programs, the Arts and special events. We were able to get one mailing out this spring and plan to do another in September. The committee has recommended some design changes and promotional activity. The gross amount collected was $2,001.00 and the cost of the flyer ($1,375.00) was paid for from this year's General Fund budget. The Creative City Collaborative request is to receive the gross amount of $2,001.00 versus the net of $626.00. RECOMMENDATION Staff recommends consideration of the Creative City Collaborative's request. Mts. Montague asked about the reserves. Mt. Harden discussed the reserves and the goals of the City to maintain between 15%-25%. Mr. Fetzer advised that 25% may be unattainable with today's constraints; however, he is pleased with the 1.3°fo added to the reserve. Mr, Eliopoulos stated he liked the aew sum~nazy zeport. It.was the consensus of the Commission to accept the Comprehensive Annual Financial Report Eor fiscal yeas ceded September 3D, 2DD7. 3. Recommendations ,£ram Creative City Collaborative Organiza,rional Committee Robert Bazcinski, Assistant City Manager, intzaduced this item. He stated Nancy Stewart, Chairperson, Rich McGloin, and Jay Alperin from Creative City Collaborative wets pzeseat. He provided a list to the Cammissioa o£ the proposed recommendations researched by the COlY1r11fttC~. Mr. Fetzer asked who served on the Creative City Collaborative Catntni.ttee. Mr. Eliopoulos skated he liked haw the report was itet~aized. He supported the ideas. Mr, Mcl]uf£te liked the aew voluntazy donation Eox utility bills; he would encourage more things like this. Mrs. Montague liked. the report but had a few suggestions. She would like to have some of the institutions the City suppozts, such as Old School Square and the Garlic Fest, to have a link are the City"s main wcbsite. Mrs. Montague else encouraged the Creative City Collaborative to use the Historic Arts Committee. Mr. Fetzer expressed his appreciation in how Mr. 13arcinski presented the iteiu. He asked if the City is clear and in sync with other organizatioxts. Mx. McDu£fie asked about branding the Ci.ty's wcbsite; it is confusing when a search is conducted ou the wcbsite because the Delray Chamber o£ Com~nr,erce appears in the results. IVIr. Eliopoulos asEted when the next Creative City Collaborative meeting will be held. It was the consensus of the Co~nrnission to accept the Creative City Collaborative recommendations. Apri18, 20Q8 CCC Flyer Cost Total cost for CCC flyer (print, fold & insert 20,000 flyers) Mailing cost last time** Income from last mailing PROFIT **Mailings in the future: if there is anything else is in the utility bill -the cost will be about $ (1,375,00) $ $ 2,001.00 $ 626.00 $ 3,000.00 1993 2001 ~ The City Commission, in cooperation with the Creative City Collaborative, is asking for voluntary contributions. The Collaborative is anon-profit entity established to promote. market and help raise funds for cultural facili#ies,_programs, events and_arts organizations based in the City of Delray Beach. Voluntary contribu#ions will be administered by the Collaborative #o provide financial assistance through a grant program. Your contributions will he) non- ro it or anizations and events such as: Cinco de Mayo, Delray Beach Film Festival, Delray Affair, Delray Beach Garlic Festival, belray Beach Historical Society, Haitian Flag Day, Milagro Center, Old School Square Cultural Arts Center, Roots Cultural Festival, Sandoway House Nature Center, and S.D. Spady Cultural Heritage Museum Tf you value Delray's diverse cultural resources and events, then you can make a dif ferencel EVERY DOLLAR C®UNT'S! As Penelope Cruz stated in her recent Oscar Award winning speech: .,.art, in any form, is and has i~een and always will be our universal language, and we should do everything we can, everything we can, to protect its survival." Please complete the donation form below, cut off and return wi#h your water bill payment. Please make out a separate check, for your donation to: City of Delray Beach. All donations will 6e transferred to the Creative City Collaborative Grant Program. For more information on the Grant Program, please visit www.mydelraybeach.com. ASK l1! My Contribution to Delray Beach Arts and Culture ^ $5 ^ $~0 ^ $25 ^ $Other Please make separate check payable to "City of Delray Beach," attach and mail with your water bill. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 SPECIAL EVENT REQUEST/THE SOUPER RACE ITEM BEFORE COMMISSION City Commission is requested to consider approval of a new special event, "The Souper Race" a SK Walk/Run, to be produced by People to People International Delray Beach Student Chapter, proposed to be held on October 18, 2009 from 7:30 a.m. to 10:30 a.m. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff support for traffic control, security, barricading, use of the small stage and trash boxes. BACKGROUND Attached is a special event permit application, with an event budget and site plan submitted by Kaliene Lambert on behalf of the event producer. The purpose of this event is to raise funds for the Caring Kitchen. Since this is a new event, the event producer will be required to pay all of the City costs. The estimate of overtime costs are $2,590, stage rental $266, trash boxes $70 and barricades $150, for a total of $3,076. Although requested, the Fire Department has indicated that they do not need on site EMS services for the event. I have some concerns based on the budget submitted, if they will be able to cover their costs. RECOMMENDATION Staff recommends consideration of approval of the special event permit, temporary use permit, waiver of parking meter fees, staff support as requested, stage use, trash boxes and barricading, contingent on the receipt of a Certificate of Liability Insurance and an executed Hold Harmless Agreement two (2) weeks before the event. ~' ~~- Event NamefTitle: Event Date s) , (;-~ u ~~ ~,~~ Times: ~ ~ ~Q ct„ r~ . w ~ o ~ ?~ ~ (k.. I~'1 i ~~~~~ Event SponsorfProducer: ~p[1~ ~ ~P~~~. }~~~~C?~],~~Pl~'~ ~jQOI.C~ ~S~lld~n"~ Event ContactlCoordinato~° ~~OI,L[ ~.i'1 ~- ~0.~Q,(`~ C~~~' `~ Name:.~~Q,L Addcess:•~~~ Telephone Number: E-mail Address: 4c Event Descriptio~~/Purpose: •_ ,~~ r. R, ~~va~• -1 t ry o Event (( ~a •~ ~rs,.~r-t ~~~ - • ellular Nun ber: ~ ~ 3 - • ~-. , ~ , tv~e~.n-~ i,~ ~h~ .~nu,oe~ ,4Ce~ a ~k wall' r' ~ hen hart ~ c~ l ac wi a.~- /~nch~f ~r ~~ Ivcl . c~nc~ -1~~ ~ c.k ct~ c ~ ~ ~r ~ce~r~.s fi~rn.~1~e,ice. tai f1 o k - x irr I(; ~lnerl. rtl-~L mctn. ~~ s~A~ec( by khe, C~tP~ De~--r~.~ Meru=~ti ~k~e~~ Ct~c~ t~l', r'~ 4~ vJh.e~ Wctn 1-+~ make. o~- c1~~Q~1'!C~ i n ;able r~U r r_n ~~ t ~. r . Ptanned.Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): ~~ P~v.n~- .,yi ~ ( ~~ ceroUr Number of Individuals Served Previous Year {ifapplicable}: Describe the targeted population and expected i _. ~n1T l~ c~ C~~'l~ -~~ X11 ~• (1cLc~j~ c.4= -~Inr~ ~~~;rv~~ ~~~ rkrci~x~~=c,~ [~-~he.r 1occ~~`~c~r nc~~lnCak EY1[;~~vic~,~c~.~S ~r'-t~ jc~e~ e~~C.~u~'~e-d 1-r.; ~~tr~-ici{~~e a,s ~~v~e.kl; e5~ec~i~~y: °-t1,,~s~ e~e-~- 1-~ ~.~,~.~~o~~ ~h~ CUr,nc~ 1~~~c~t~+~ a~~c~.. h~~:~l~~: 9i~r~s-~-~~ 1~,5, City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT Describe how tl>e program or project addresses community needs: ~tra'~ ~ ~rx~~rnc~~, i1 he~s -~ ttt.ana k,'k.~ner.Mar~/ ;hz>zM oP Deliav f3eac.~n Ce, In i;u CcLCin4 IGitGl~enCCK~ ~ex a warm mcc..t ~ cla~ , l~u.~ra.r. ;l_ c~,~_ro4 hw,rc atiUrvvi~c~ '~.r+d,n. ~ meyuv wt ~Ls1i w~s,_.c~~.~n~;++a u~icee*l~ ~ 'fit ~. ~,~'~- Qrrx,~t;n~ ~t~y tak~yt~ ~ ~~~~ ~n •+-~.e.ic ~x.~.. !~e~etc~cu~g, ' Describe your Marketing/Promotions Program (How will you market/pramote, i.e. TV, radio, posters, flyers, web sites, other). ;1„c to;~tzt ~o~,C t,,,1t ~ rro~e~k~ v;e, ~I~2.~ ~~ Pemf(c lnlcrnc~iclna.( lZc~rQ.u ~ErtE',C, {:hec.r~i~'s wch5~te °4 ctn.-tive.Gc~W1 cX [a.~~-~ ~e A ~ ~~:~ 6ue~s~ tc. ~teLriG ~; ~ ~r ~ ~~ will cLL~ 4ZtnFCt`~ly etY" -lade ~ta~G I aea.4 Sponsor Category (please check) City ^ Non-ProfitlCharitable ~ Private ^ Co-Sponsor --Non-ProfltlPrivate ^ (If No-r ~rofrt atfacli proof of 501 c(3), c(4), c(6), C(10), or c(19) or' (d} Event Location (Describe area boundaries of event/location): ~r~n ~~ ~~ we~s~ •t~ Rental of Old School Square: yes no V {If yes, attach proof of approval) / Private Property Use: yes no V {If yes, attach letter giving authorization from property owner) Event budget attached: yes ~ no (Required far rrJl events) Previous year Revenue/Expense summary attached: yes no ~ ~ (Required for ali events) Do you have cash sponsors for the event: yes no ~ ~~ ~~ (Indicated on budget) ~ ,~ ~~~ Do you Rave inlcind sponsors for the event: yes no / ~~~ (lndicated an budget) ~ S~ u~~ ny1 i e.3 c~ t ~{~n~.t'fl~ ~~MI C:1Docnments and Settingsl],isilDesktoplSpecial Event Permit Application PiNAI.9.G.07.doc Site plan attached: yes ~l no (site plant required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable,) Serving or selling alcoholic beverages: yes no (If yes, copy of licetase «rrd alcohol li«6ility insur•rcarce r•eyuir•ed trUO (2) Iveeks pr•ior• to event) Event certificate of iusurauce attached: yes no (Required two (2) weeks pr'ior• to event rr«rrrirrg the City as additiorrai iusrrreri, rrLso i'er(llll'ed for` VertdOr'b~ Playing of amplified music: (Waives' required) yes ~/ no Will there be entertainrent: yes ~ no ([f yes, attached list of Performel•s andfor DJ's) If yes, sponsor agrees all entertainment will 6e f sly oriented and contain no obscenities: yes t~ no Requesting Police assistance: yes V no (traffic control/security) Will supplement with private security: yes no (If yes, need plan attached) Requesting Emergency Medical assistance: yes ~/ no Requesting barl•icade assistance: yes / no (If no, how are you handling?) Requesting trash r•ernoval/clean up assistance: yes no `~ (Will be bitted to sponsor} Requesting trash boxeslcontainers and lir'<ers: yes ~ no Requesting stage use: yes ~ no (If yes, check type) Large stage (14' x 3G') ^ Small stage (16' x 2i') Half small stage (S' x 21') ^ Requesting signage: yes no Type: ~l'x4'Even# sign Parking Signs Banner hanging Isrdicate dates required (Waiver required if rrrore tlrrur orre (I) sveeli prior to event) Requesting City Portable Generator: yes (lf yes, size & power} Food and beverage vendors: If yes, appe•oximate nwnber (Health Department approval required) yes yes no /~ no no C-(Documents and SettiugslLisilIleshtoplspecial l;vent t'eemit Application FINAL 9.G.07.doc Other vendors: {Indicate type) yes no / Tents: yes ~/ no If yes, Haw narrjry ~" Whcrt size or• size r'egtrir•ed 1 p x I {.j -~ ,Z~ ~ Lp (If yes, tent permits crud fr•e irtspeetiorrs yrray be needed) Will the event include amusement rides: yes no V _ (If yes, type and location and copy of liability insurance required, also requires state license rrrtrl irrapectinrr.) Will the event be gated: yes no / (Show ntr-site Wrap) Wi11 there be a charge for tl~e event: yes / ~2d no (If yes, indicate ticl~et prices) / Will there be fireworks or other pyrotechnics; yes no / (If yes, contact Fire Marshal to obtain acrd complete permit application) Will there be cookitag with compressed gas: yes no (If yes, contact Fire Marshal for irrspectiorts) Will you be providing port-a-lets for the event; yes no (If yes, locate on-site rnccp. If rro, indicate Irow you will hcnrdle restroont needs) Is reserved parking requested: yes no (If yes, l~rdicate locatio-zs and purpose for use) Event Permit Attachments: Revenue/Expense Budget Y~iG Revenue/Expense Recap Last Years Event ~~Site Plan ~/ -Letter Requesting Noise Ordinance Waiver +n ~ Letter Requesting Waiver Consumption Alcohol Beverages -Proof ofNon-Profit Status General Liability Insurance Certificate ~~Alcol~ol Beverage Liability Cet•til'tcate ,n E A Proof of Rental Agreement or Authot•ization Letter from Private Property Ownet• 1 void Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event + Intermediate Event 90 days prior to event • Majot• Event 12Q days prior to event • Neighborhood Block Party 30 days prior to event C,1Documents and Settingsll.isilDesktoplSpecial Ecent Permit Application FINAL 9.U.07.doc `oo went Contrac,t/orlCoordinator Date Please print: ~Fi C~.~t ~ 4~,L LG~Y1~],~jt~,{:~- Please enclose the appropriate non_refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Deh•ay Beach, Florida 33444. Required with permit application. For Stuff Use Oi<rl Jf Date Received ~/.3o D~ Application fee received $ /~ s C:1Dcet€ntents and SettingslLisilE3est:toptSpeeial Event Permit Application Plit'Al, 9.G.07.doc Re~Tenue /Expense Budget ^ Race Ni-nibers: ^ Shirts: ^ Goode bags: ^ A~~~ards: ^ OVERTIME ^ Parks & Recreation: =Police: ^ Public Works: ^ Fire: ^ Stage RentaL• ^ Barricades: Total: Expenses $ 400.00 $ 200.00 $ 400.00 $ 150.00 $ 36.'19 $ 9&4.40 $ 1028.81 $ 0.00 $ 250.00 $ 250.00 $ 3700.00 Grants / Donations ^ Delray Beach Heart 2 Heart: $500.00 ^ People to People InternationaL• $250.00 Total: X750.00 Sponsors and In-Kind_ Sponsors ^ Frank McKinney $250.00 ^ Chapin, Ballera~~o, & Cheslack $250.00 ^ Delray Beach Stude~it Chapter $1000.00 ^ Ofhce Depot $500.00 ^ Sports Authority $500.00 ^ Surf 'n Turf $250.00 ^ Hands $200.00 Total: $~950A0 FINAL TOTAL: X0.00 m ~ _ s ~ A~ ~ ~ta ~4 ,. ,~ ~ spa "`~~' ¢~ -_ a ry ~v A ' 4,7FS ~~ - ~.ss 4h i ff ~ y .3" A ~ ~ ~ 3 ~ -,n~ ~ ~F f, ~ ~' ~ ;sue - ~ ~ ' i ' ti aEU'S ~G ~::~ ~ ~jy l~ f! ~ n k e~ t 1- t-- ~y k,- ~ G~ ~ 1„ '- t~ _ r- ~ ~ 7 ~°' "tom a°'~ i s ..i ee : q" 1"' r d a ,, '~.~~~ q.~. ~ ~ `D ~ sad 3' q ~ c) ~ .~ ~` iii k a ~., c a p- ro~ ~- Y 3 ~ ~ ~~ ~~ ~ : ~ ~ ~ ~ ~ ~. ~ ~ r ~ ti~ g ~ ~ ~,# ,~ t '~~. !`. .+ 3 ~ ~ - ~ f ) ~ _:~-}, ~F~-'fie r J~Yt~ ~ ~ _ ~ t ~ „ ,~ • . i i x~~ fit: d rn ~ ~ i ,~~ n # - ~ R~ ~ ~a O`~ ~ ~~ ` ~4 ~. f } ~ • to ~~- ~ ~ "~'' ~,.., + . , ,~' ~. ~: Y3'_iYa ~ f n ITT ,~ €: r €~~~ y~ ~~ ~ ~~ tea ~~ ~~ - _ ~ ~ - rl x : y~~} ql~ ~~ ~ e rte'`-' - °% ~y~ . qr' _ ,a" '. ~ y ~ ' i ~ "~`'~` fi`x'-` q.wi{t~ ~~ ~- ~ N ~~ a ~~a+: k ~~ ~ ~~ ~ ~ t r ~ :- S ~ w ~ ~ F f ~5 az '~ j ~ ~ ~ ~~- E ~~ ~ ~ w ~; ~ ~'`" ~ .~' -'ors `a ~"' ~- k7 - x x ,. ~ 2 s ~. ~ ~fj~~ ~i~ ~`r" i-t~ ~.. ,. 5i _ Fir !~~~~"YFit^€ ~'A ~rs~~ ~ ~ '.`S'$~~'> ' ~ ~ y ~ ' ~ ;r~ 7 ~ "fit ~ ~ 4 s~ { YF;-1 , s ~~~- ~ '~' ~ t,~ fier'y' ~~ ~ ^ ~9 .~ ~L.e¢~c~ ~~' ~~v ~-~rc~L Svc -S`7'A~~F~~/s!I ~r~1zn~~;~e,u.vo);. ~L~FJ~r;,! s; I~'3'' /~/Nc= b~ l-~.~vc~r~~ FPS Pac..~ fd-r l.ItJ,.t C}c:fic~~,L Cf= ,frjn~~~~ LtJ-;}Y !`AND G-f~'Y~~ ~%, 1N ~eac/7'~ C3~ ~G~g1Ji.LtF1~' 1~1 ~~.~- ~ ~, ~!~ ~ ~ • S:}~~ cam' tel. oC.~1,v C3u~R ~, [E:fi ~ C~~ e.Ld;Lg AC=2a~5 r-~G~c.( ,r~~vri, fa-r C'fa, Qu~N .~c.VD, 33`7' iVnl ~ t~1= C'c~.vC.+zl= i ~' FPf,. no r~..~r' s z~ ~-o~zvQIL, 1~ ! fw. E ~ 4 2~ " Ffz~!-c cU c.=i ~ E-DC ~ b~ ~DU;~Y Ct~.~ra~~ 1~P~ Puck ~ P~o~fa`Y ~+}! p, ~! ~-~ .3 e ~ ~" -~12L-1--1 /V4JLTt~ GD~C 4>=' [~Ad~1T~1~JV~? r`J~ ~ .v/c,~~Z Lc.~eh'. a~ t~ar~ ~ .9T' II17 c.~~5'.~t.(y1L/.Vf) gyp, lll~ i l~L~- r~c.n~TS r3I1-~' m,4>~' olr 1Po~#D~~.~xfY~ ~3 Y ~~/.~L t ~.; ~;-~ ~a~~7 A•vn .~Ir3lL ANO LA~9~~=.1~ -."r~"'y-~- ~ /I 57~ 2~ ~~ ~~ ~ s r ~ IT ta5 iq `~ I:~j,1tltFi~ ~ ------ {lj)1 ~ ~rl~ ~L.A(~M~r! j Vvw- ' v!a SNAf~P `Ti<~vs ' ~~~ ~~Z~6c3~ 5: 0 3 . ~ a +~ o C u ~~'J p. ~~ to ~,~' ~ A~~ d J }/ T3 zU D. ~ C.a'VG~ .~.... _ _ ~ FPt~ Pc: L~C~ c~"1/V ~ ~ ~ k3 ~ ~ ~~~ S~ 0 N S T -- ~ `. ~ trL~ ~'i ~~Vp(R1}~) ~ ~~E lip, . ~ . G $ ~ J3 ~ s. ~ C ~-- ~ N ~~ Q ~rL~ 1 s+l f~ 0 ~ C ~ ff ~ ~ C ~ ~s ~ ~ ~5 u f~ ~1~ ~ n ~~ ~ c~,~~~ ~ ~1A Q~~QIE TO pEOptF lPE CHARTER This certifies that the Delray' .Beach student -~ #20.6 Chapter is .chartered with all rights and obligations pertaining thereto in accordance with the Articles of Incorporation and the Bylaws of People to People Incorporated. This charter is effective ]~une 9, 2003 and shall remain in force for one calendar year or far an extended period as attested by the affixed seal. __ _;~ ~~ - - DWIGHT D, EESENHOWER CHAIRMAN BORRD OF TRl3STEES FOUNQER June 30, 2009 To; David Harden, City Manager F~•on~: Kaliene Lambert Re: Souper Race October 1 S, 2009 On October 18, 200, the Peaple to People Delray Beach Student Chapter will be holding its first Souper Race, a 5k walk/run benefiting the Caring Kitchen from 7:30an~- 10:30am at Anehor Park. It would be greatly appreciated if you could wave the parking fees along Gleason Street and Sandoway Park from 7:OOani-I 1:OOam. The extra time requested includes set Ltp and breakdou7n. I would also like to request a noise waiver. We will be having playing music at the finish line and announcing the winners far each age divisiaat between the hours of S:OOam until 10:30an1. if you have any questions please feel free to contact me at Kalie~~e!~i~.hot~~~ail.ca~~~ or (561) 5'~3-8696. Thank you. Cc: Robert Barci~iski, Assistant City Manager Anthony Striaizese, Chief of Police Mel Sacharow, Supervisor Parking Enforcement Lia~da R Karch, Director, Parks acid Recreation. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: August 13, 2009 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 REQUEST TO ADVANCE COUNTY FUNDING/ROOTS CULTURAL FESTIVAL, INC. ITEM BEFORE COMMISSION City Commission is requested to consider approval of a request received from Alberta McCarthy, Chairperson, Roots Cultural Festival, Inc., to provide $5,000 advance for the 2009 Roots Cultural Festival to be paid back to the City once the County funding is received and approval of the attached City Agreement for Advance Funding for County Grants. BACKGROUND Attached is a correspondence received from Ms. McCarthy requesting the $5,000 advance of funds for the Roots Cultural Festival along with a letter of funding approval from Palm Beach County. Staff, with the assistance of the City Attorney's Office, has developed an advanced funding agreement, which we are requesting organizations to sign to ensure that all County requirements for the funding are met. FUNDING SOURCE Funding to come from 001-1111-511-48.10. Funding to be reimbursed when County grant funds are received. RECOMMENDATION Staff recommends consideration of approval for the request from Alberta McCarthy and approval of the attached Advance Funding for County Grant Agreement, to provide $5,000 advance for the 2009 Roots Cultural Festival, to advance the County commitment for funding with the condition that funds will be dispersed upon the receipt of an invoice to be paid or a paid invoice for purposes authorized under the grant. Roots Cultural Festival, Inc. 85 S.W. 5{~ Avenue Delray Beach, FL 33444 561-274-0365 August 13, 2009 Mayor McDuffie City of Delray Beach 100 NW 15t Avenue Delray Beach, FL 33414 RE: Request to Advance Palm Beach County Grant Funds Dear Mayor McDuffie; 1 ~ C~ ~~ ~~ ~~~ ~~ , ~..1~~ ~ (.._.~ ~`kf.~E.~ `1 ~ ~~3 i _ ~ GITY G~MMI~SIt~~ On behalf of the Roots Cultural Festival Inc., I am requesting that the City consider approval of advancing the $5,000 Palrn Beach County Grant we will be receiving for Root Cultural Festival, Inc. far this year's programs. Funding can be used for contracted services, entertainment, awards, City staff overtime, liability insurance, promotions and marketing, Academic Olympics study packets and basketball official fees. Your assistance in advancing these funds last year greatly helped meet our financial goals and commitments. Sincerely, . /~`~-~~ ~~ i Alberta McCarthy Roots Chairperson August 12, 2009 Mr. Bob Barcinski, Assistant City Manager City of Delray Beach City Hall, '[ 00 N.W. First Avenue Delray Beach, FL 33444 RE: PALM BEACH COUNTY -DISTRICT 7 RECREATION ASSISTANCE PROGRAM FUNDING FOR THE 20U9 ROOTS CULTURAL FESTIVAL Dear Mr. Barcinski: Prior to leaving office, Commissioner Addie Greene requested that staff develop an Agreement in an amount not to exceed $5,000 to help offset costs for the 2009 Roots Cultural Festival. Funding is from the Recreation Assistance Program (RAP) -District 7. On May 19, 2009, the Board of County Commissioners budgeted the $5,000 for this project subject to development and execution of the funding Agreement by the County and the City. Toward that end, please complete and return the attached Exhibit "A"Form so that we may prepare the Agreement. When you return the Form, please include the required insurance certifications (liability and worker's compensation coverage). When we have received the Exhibit A Form, we will prepare the Agreement and forward two originals for execution on behalf of Delray Beach. Funding will be provided on a reimbursement basis after the Agreement has been placed on a Receive and File Agenda for recording by our County Minutes Department. On behalf of the Board of County Commissioners, we look forward to again assisting with funding for this annual community event. Sincerely, Dennis L. Eshleman, Director Parks and Recreation Department DLEISWY Copy to: Gladys Whigham, Commission District 7 Alberta McCarthy, Roots Cultural Festival, Inc. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND ROOTS CULTURAL FESTIVAL, INC. (NOT-FOR-PROFIT AGENCY FOR ADVANCED FUNDING FOR COUNTY GRANTS THIS AGREEMENT is made and entered into on , 2009, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City", and ROOTS CULTURAL FESTIVAL, INC., a Florida Not-far-Profit Agency, hereinafter referred to as "Agency". WITNESSETH: WHEREAS, City, in conjunction with Agency, provides activities for the festival to include basketball tournaments, prayer breakfast, gospel felt, and youth academic programs between June ~, 2009 and August 30, 2009 at various locations; and WHEREAS, the Project is an annual community Project in Delray Beach financially sponsored by City and organized by Agency to promote community unity and positive race relations; and WHEREAS, the cost of the Project is anticipated to be approximately Five Thousand Dollars ($5,000.00); and WHEREAS, Agency has requested advanced funding from the City an amount not to exceed Five Thousand Dollars ($5,000.00) to cover the amount of a grant to be received from Palm Beach County to help offset costs for the Project; and WHEREAS, City desires to advance funding to Agency to help offset costs for the Project until funding is received from Palm Beach County; and WHEREAS, Agency shall provide pertinent supporting documentation of the expenses incurred that were funded by the City advanced funds; and WHEREAS, Agency's cultural arts, recreational, andlor community Project is deemed to serve a public purpose; and WHEREAS, both parties desire to enter into this Agreement to establish and set forth terms and conditions for advanced funding to be provided by the City to the Agency. NOW, THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: ARTICLE 1 FUNDING AND METHOD OF PAYMENT 1.1 Funding. City agrees to advance funds to Agency in an amount not to exceed Five Thousand Dollars ($5,000.00) the grant amount approved by Palm Beach County for event contracted services, City overtime costs, entertainment, liability insurance, promotion and marketing, awards, basketball officials fees, academic Olympic packets, and other miscellaneous expenses related to the Project, as specifically set forth in Exhibit "A", attached hereto and incorporated herein. 1.2 Notice. City will use its best efforts to provide advanced funds to Agency within thirty (30} days of receipt of the following information: a. A detailed written request for advanced funding provided to the City Manager or hislher designee. b. Event budget. c. Site plan. 2 d. Other information as required by the City Manager or hislher designee. e. Copies of paid invoices or invoices to be paid. 1.3 Forms. Agency shall complete the Advanced Funds Supporting Documentation on County Form on Exhibit "B" after the Agency expends the advanced funds. Said information shall list each vendor, description of approved expenses as stated in Exhibit "A", dated paid, check number, and amount paid. Agency's Project Liaison shall certify to the City that each purchase, as fisted on the Advanced Funds Supporting Documentation Form was paid by Agency for the Project for which funding was approved. 1.4 5upportinq Documents. Agency agrees to return the completed Advanced Funds Supporting Documentation Form along with supporting documentation including copies of detailed invoices and copies of cancelled checks (as proof of payment) to the City within sixty (60) days after the event/project completion date. Upon written notification to City at least thirty (30) days prior to the event date, Agency may request an extension beyond the sixty (60) day period. City shall not unreasonably deny Agency's request for said extension. 1.5 Future Awards. City reserves the right not to award future advance funding if the approved Project expenses incurred and included an County Form Exhibit "B" by the Agency do not match the amount of funds advanced. 3 ARTICLE II DISCRIMINATION PROHIBITED 2.1 Agency agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and far the provision of services without regard to residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status or sexual orientation. ARTICLE III TERM OF AGREEMENT 3.1 Term. The term of this Agreement shall be until August 30, 2009, commencing upon the date of execution by the parties hereto. ARTICLE IV TERMINATION AND DEI=AULT 4.1 Defauit, The parties agree that, if the Agency is in default of its obligations under this Agreement, the City shall provide Agency (2) two weeks written notice to cure the default. If the Agency fails to cure the default within the (2) two weeks period, the City shall have no further obligation to honor future financial requests submitted by Agency for the Project deemed to be in default. 4.2 Termination. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by the City with or without cause, upon (2) two weeks written notice to the Agency. 4.3 Return of Unused Funds. In the event Agency ceases to exist, or ceases or suspends the Project for any reason, Agency shall notify the City in writing 4 and Agency shall return any remaining unspent portion of the advanced funds to the city. ARTICLE V GENERAL CONDITIONS 5.1 Federal, State, County anal.. City Laws. Agency agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, City of Delray Beach ardinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, City does not waive the requirements of any City ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Agency. Failure to comply may result in City's refusal to honor financial requests for the Project. 5.2 Independent Contrac#orFlndemnity. It is understood and agreed that Agency is merely a recipient of City funding and is an independent contractor and is not an agent, servant or employee of City. It is further acknowledged that the City only contributes funding under this Agreement and operates no control over the Project. To the extent permitted by law and without waiving the right to sovereign immunity as provide by Section 768.28, Florida Statutes, in the event a claim or lawsuit is brought against City or any of its officers, agents or employees, Agency shall indemnify, save and hold harmless and defend the City, its officers, agents, andlor employees from and against any and all claims, liabilities, losses, judgments, andlor causes of action of any type arising out of or relating to any act or omission of Agency, its agents, servants 5 andlor employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. 5.3 Insurance. Agency shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverages and limits (including endorsements), as described herein. The requirements contained herein, as well as City's review and acceptance of insurance maintained by Agency are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Agency under this Agreement. a. Commercial General Lia_bili~. Agency shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. b. Automobile. (REQUIRED IF PROJECT INVOLVES TRANSPORTATION} Agency shall maintain, during the life of this Agreement, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit bodily injury and property damage for claims arising from damages for bodily injury including wrongful death, as well as from claims for property damage which may arise from the ownership, use, or maintenance of owned and non- owned automobiles, including rented automobiles, whether such operations be by Agency or by anyone employed by ar contracting with Agency. Should Agency use independent bus companies for transportation, it shall require such company or companies to provide automobile liability on such buses in the minimum amount of $'! ,000,000 combined single limit bodily injury and property damage liability and shall include Agency and City of Delray Beach as Additional Insured. S c. Workers Compensation Insurance & Employer's Liability. Agency shall maintain Worker`s Compensation & Employers Liability in accordance with Florida Statutes Chapter 440. d. Additional Insured. Agency shall endorse the City as an Additional Insured. The Additional Insured endorsement shall read "City of Delray Beach, a Florida municipal corporation, its Officers, Employees and Agents." Agency shall provide the Additional Insured endorsements coverage on a primary basis. e. Certifica#e(s] of Insurance. Prior to execution of this Agreement by the City, Agency shall deliver to the City a Certificate(s) of coverage evidencing that all types and amounts of insurance coverage's required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. Certificate holder's address shall read City of Delray Beach, 100 N.W. 1ST Avenue, Delray Beach, FL 33444. 5.4 Audits. Upon request by City, Agency shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 5.5 Records. Agency shall maintain books, records, documents and other evidence that sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Agency, City shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 7 5.6 Dspuires. City and Agency may pursue any and all actions available under law to enforce this Agreement including, but nat limited to, actions arising from the breach of any provision set forth herein. 5.7 Venue. This Agreement shall be governed by the laws of the State or Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 5.8 Vendors. As provided in Section 287,132-133, Florida S#a#ues, by entering into this Agreement or performing any work in furtherance hereof, Agency certifies that is, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof, This notice is rectuired by Section 287,133 (3)(a), Florida Sfa#u#es. 5.9 Entire A_~,ment. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 5.10 Notice. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered ar sent by U.S. mail. All notices shall be addressed to the following: 8 As to City: City Manager City of Defray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 As to Agency: Project Liaison 5.11 Third Parties. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise. 1N WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: city clerk Approved as to Form and Legal Sufficiency: City Attorney CITY OF DELRAY BEACH, FLORIDA By: 9 David Harden, City Manager ATTEST: AGENCY By: Print Name: Print Name: Title: Print Name; 10 Recreation Assistance Program {RAlaj Exhibit "A" to Agreement Name of Municipality: City of l]elray Beach Mailing Address: City Hal[, 100 N,W, First Avenue, ©elray Beach, FL 33444 Name of Mayor: Mayor Nelson s. McDuffie Name of City Manager: Davie T. xarden Project Liaison Information: Name: Robert A, }3arc~nski Telephone #: 561-243-7G11 Fax #: 561243--7149 e-mall: barcinski@ci.delray-beach.fl.us PROJECT INFORMATION 1. Name of Project: 2049 Roots Cultural Festival 2. Project gescription • General (Project Scope}: Tho Cultural Festival includes a variety of activities including youth and adult basketball tournaments, prayer breakfast, Gospel Festival, and youth academic programs. This is their 32nd year. • Public Purpose: To provide community unity and bringing people of different races and cultures together to join in celebrating and respocting diffexences. Prom to and educate African American cultures. + Loca~ian: Pompey Park, Community Center ~ 7th Day Adventist Church • Anticipated Number of ParlicipantslUsers: 2,000 Project E;lomonts: List anticipated broad categories of Expenditure Items such as capital outlay, contractual services, personnel costs, operational expenses, equipment, and "Other Miscellaneous Project expenses", [}o riot include expendituro line item budget) amounts. Cantxact Services City overtime far security Liability Insurance Entertainment Promotion and Marketing Awards Basketball Officials Academic Dlympic study packets other Misc. Estimated Lump Sum ~'otal for ProjecE: $ 28,soo 5. project Initiation date (date of first invoice for which reimbursement will be requested} and anticipated End date (date which project will be completed and all Invoices paid}., 6/1109 to 813©/09 Note: Invoices and copies of proof of payment documents will be required far ProjectlProgram reimbursement after the RAP Agreement is approved by the Board of County Commissioners. l?a not submit reimbursement documentation at this time. After the Agreement is approved, and the reimbursement request is submitted, all invoices and checks must be dated within the stated project time frame ANp Categories for Project Elements must be listed in Section 3 above in order to be eligible for RAP reimbursement. 6. Required Attachments: Certificate of Insurance ____ Amount of Recreation Assistance Program Funding awarded $ 5,000 I]istriet 7 RAP (filled in by County} Form available online by request Contact Susan Yinger at svinperCo)pbcgov.com ~XHIBtT A Page 4 MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: August 14, 2009 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 RESOLUTION 35-09 ITEM BEFORE COMMISSION The item before Commission is consideration of Resolution 35-09 amending the FY 08-09 Budget. BACKGROUND Resolution 35-09 provides for various adjustments due to the exclusion of the special assessment contribution to the Osceola Park project as explained in the attached summary. RECOMMENDATION Recommend approval of Resolution 35-09. RESOLUTION NO. 35-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 44-08 ADOPTED SEPTEMBER 16, 2008 AND RESOLUTION 26-09 ADOPTED JUNE 16, 2009, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2008/2009, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2008/2009; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 44-08 adopted by the City Commission of the City of Delray Beach, Florida, on September 16, 2008, and Section 1 of Resolution No. 26-09 adopted by the City Commission of the City of Delray Beach, FL on June 16, 2009 are 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, 2008, and ending the 30th day of September, 2009, 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, 2008, and ending the 30th day of September, 2009. 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, 2008, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 2008. 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 15T day of October, 2008. Section 4. That no department, 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 department, 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, may be deemed guilty of neglect of official duty and may be 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 Sewer 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 department, bureau, agency or individual of the CitS~ 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/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 3, 2008, and September 16, 2008. Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 18th day of August, 2009. MAYOR ATTEST: City Clerk RES. NO. 35-09 EXHIBIT A (As Amended} BUDGET SUMMARY CITY OF DEIRAY BEACH, FLORIDA FISCAI YEAR 2008-2009 General Fund DowNTOWN SPECIAL Amended DEVELOPMENT ENTERPRISE REVENUE FY 08!09 FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 1,142,968 8,039,207 676,264 9,724,439 ESTIMATED REVENUES: TAXES Milleges AD VALOREM TAXES s.a9oo 50,479,825 0 D 49,787,575 AD VALOREM TAXES a.aso4 3,587,795 0 0 3,567,795 AD VALOREM-DELINQUENT 168,000 D 0 75,OD0 AD VALOREM _ DDA ~.oaaa 0 539,930 0 0 539,930 Sales & Use Taxes 1,300,000 0 0 1,404,000 Franchise Taxes 0 0 0 256,25fl Ulility Taxes 4,458,000 0 0 4,452,000 Other Taxes 4,400,000 0 0 3,900,000 licenses & Permits 10,084,590 0 0 10,301,180 Intergovernmental 6,460,78fl 7,937,520 4,497,564 12,657,544 Charges for 5erutces 7,265,200 43,926,690 0 50,506,180 Fines 8 Forfeitures 836,600 0 63,000 923,600 Miscellaneous Revenues 5,222,819 1,500 794,110 625,428 7,359,688 Other Financing Sources 4,106,950 87,000 9$9,620 4,269,720 TOTAL REVENUES AND OTHER FINANCING SOURCES 98,370,559 541,430 45,155,320 6,175,612 150,02D,472 TOTAL ESTIMATED REVENUES AND BALANCES 99,513,527 541,430 53,194,527 6,851,876 359,744,911 EXP E N D lT U RE 5! E X P E N S E S: General Government Services 9,937,928 0 0 9,742,18fl Public Safely 52,455,500 0 63,000 52,798,810 Physical Environment 551,410 35,488,734 0 36,047,414 Transportation 3,511,268 0 0 3,285,910 Economic Environment 8,381,890 540,180 0 4,819,958 13,741,228 Human Services 67,000 0 777,310 844,310 Culture & Recreation 13,676,902 3,671,833 1,125,740 18,605,703 Debt Service 5,584,060 8,901,530 0 12,564,290 OlherFlnancingUses 4,632,192 5,934,940 0 10,791,270 TOTAL EXPENDITURESlEXPENSES 96,79$,150 540,980 51,997,037 8,785,208 158,421,115 Reserves 715,377 1,250 7,197,490 66,668 1,323,796 TOTAL EXPENDITURES AND RESERVES 99,513,527 541,430 53,194,527 6,851,876 959,744,919 Budgelr Amendmenl~ Fiscal Year 20082009 GerreraC Fund The general fund will increase by $713,850 overall, Revenue adjustments are explained as follows: Transfers Transfers into the general fund will increase by $713,850 with $692,61'1 in a transfer from the General Construction 1?und and $21,233 in a transfer from the Special Projects Fund. The engineering department has been instructed to exclude the Special Assessment contribution for the Osceola Park project, therefore the budget which vas rolled forward for the assessment and the Public Art Trust fund for this project will be transferred back to the General Fund. This increase will be added to the Manager's contingency account in the General Fund. Otlter Furrds General Construction Fund This fund will not change overall; however, $692,617 will be transferred to return the Special Assessment budget accumulated from FY 03104 to FY 05106 to the General Fund. Special 1'roiects I~'und This find will decrease $5,900 overall with a reductio3i in a transfer from the General Construction Fund• Also $21,233 will be hransferred to the General Fund for Public Arts contributions related to this project, MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 APPOINTMENTS TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Planning & Zoning Board. BACKGROUND The terms for Mr. John Miller, Mr. Alson Jacquet and Mr. Charles Halberg will expire on August 31, 2009. Mr. Miller will have served one (1) full term, is eligible and would like to be considered for reappointment. Mr. Jacquet will have served an unexpired term, is eligible and would like to be considered for reappointment. Mr. Halberg will have served two (2) full terms and is not eligible for reappointment. Appointments are needed for three (3) regular members to serve two (2) year terms ending August 31, 2011. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Alejandro Borrero. Mr. Theodore Berman and Mr. George Thacker are registered to vote in Broward County. Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2) for three (3) regular members to serve on the Planning & Zoning Board for two (2) year terms ending August 31, 2011. RECOMMENDATION Recommend appointment of three (3) regular members to serve on the Planning & Zoning Board for two (2) year terms ending August 31, 2011. PLANNING & ZONING EXHIBIT "A" Parnel Auguste Real Estate Attorney Theodore Berman Attorney Rosalie Blood Retired (also applying for the Site Plan Review & Appearance Board) Svetlana Bogdanovic Construction Supervisor (also applying for the Site Plan Review & Appearance Board) Alejandro Borrero Architecture/Project Director (also applying for the Site Plan Review & Appearance Board) Ron Brito Contractor-President (also applying for the Site Plan Review & Appearance Board) Christopher Brown General Contractor/Real Estate George Coleman Attorney Roger Cope Self-employed /Architect (also applying for the Site Plan Review & Appearance Board) Reginald Cox Architect Michael D'Addio Real Estate-President Shannon Dawson Self-employed-Real Estate ConsultantBusiness Owner Maura Dersh-Wissekerke Architecture/Project Manager Margherita Downey Self-employed/Attorney Clifford Durden Educator Joe Farkas FinanceBank Manager Ronald Furst Retail-Business Owner (also applying for the Site Plan Review & Appearance Board) Bruce Gimmy Self-employed/Retail (also applying for the Site Plan Review & Appearance Board) Sigurdur Hardester Sales Manager (currently serving on the Board of Adjustment) Matthew Hartley Sales Engineer (currently serving on the Neighborhood Advisory Council) PLANNING & ZONING EXHIBIT "A" Jose Herrera Event Coordinator (also applying for the Site Plan Review & Appearance Board; currently serving on the Police Advisory Board) Alson Jacquet Legal Consulting Incumbent James Khalil Engineer/President Mark Krall Attorney Macarthur Jackson Construction Linda Lake Realtor Loren Levinson Educator (also applying for the Site Plan Review & Appearance Board) Nancy Lierle Retail Conner Lynch Insurance (currently serving on the Site Plan Review & Appearance Board) Robert Marks Construction Inspector (also applying for the Site Plan Review & Appearance Board; currently serving on the Code Enforcement Board) Gail-Lee McDermott Educator (also applying for the Site Plan Review & Appearance Board; currently serving on the Neighborhood Advisory Council) John Miller Business Manager Incumbent Bryce Newell Real Estate Broker (also applying for the Site Plan Review & Appearance Board; currently serving on the Board of Adjustment) Michael Owens Senior Planner Kenneth Peltzie Self-employed/Health Administrator Mel Pollack Security-Director (also applying for the Site Plan Review & Appearance Board and the Board of Adjustment) Perry Rohan Business Owner/Real Estate Broker (currently applying for the Affordable Housing Advisory Committee) Cheryl Shaffner Self-employed/Accounting Annette Smith Interior Design/President (also applying for the Site Plan Review & Appearance Board) Harvey Starin Real Estate Broker (also applying for the Board of Adjustment) George Thacker Account ExecutiveBusiness Development Manager (currently serving on the Code Enforcement Board) Alan Weitz Mortgage Banking/President (currently serving on the Affordable Housing Advisory Committee) PLANNING AND ZONING BOARD 05/09 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08 /31 /2010 Deborah Dowd Educator Appt08/15/06 Reappt08/05/08 08/31/2010 Paul Zacks, QZair Attorney Unexp Appt 02/01/05 Reappt08/15/06 Rea 08/05/08 08/31/2010 Joseph Pike, Vice Qiair Business Owner/ 08/15/06 ng1ll On Reappt 08/05/08 lt~ ~ ~~ 08/31/2009 John NTiller Business Manager Appt08/21/07 08 /31 /2010 Cary Glickstein Land Use Attorney Unexp Appt 05/15/07 Reappt08/05/08 08/31/2009 Alson Jacquet Legal Consulting Unexp Appt 05/05/09 08/31/2009 QZarles Halberg General Contractor Appt09/06/05 Reappt08/21/07 Contact: Denise Valek, x-7041 S/City Clerk/Board 09/Planning & Zoning MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Site Plan Review & Appearance Board. BACKGROUND The terms for Mr. Connor Lynch and Mr. Andrew Youngross will expire on August 31, 2009. Mr. Lynch and Mr. Youngross will have served two (2) full terms and are not eligible for reappointment. Appointments are needed for two (2) regular members to serve two (2) year terms ending August 31, 2011. These requirements have been updated to reflect current code requirements. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, sign contractor, land planner or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Alejandro Borrero. Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1) for two (2) regular members to serve on the Site Plan Review & Appearance Board for two (2) year terms ending August 31, 2011. RECOMMENDATION Recommend appointment of two (2) regular members to the Site Plan Review & Appearance Board to serve two (2) year terms ending August 31, 2011. SITE PLAN REVIEW AND APPEARANCE BOARD O8/O8 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2010 Shane Ames, Vice Qiair Designer/Architect Unexp Appt 10/03/06 Rea 08/19/08 08/31/10 James Borsos Planner Appt08/19/08 08 /31 /2010 Mark Gregory Real E state a~ 10/11/05 th,expirea Reappt08/15/06 Rea 08/19/08 08/31/2009 Connor Lynch, QZair Insurance appt o9/06/05 Citizen-At-Large Rea 08/21/07 08 /31 /2010 Jerome Sanzone Building Official Appt 08/19/08 08/31/2010 QZris Stray Landscape Appt 08/19/08 Architecture & Design/Interior Desi 08/31 /2009 AndrewYoungross Engineer Appt09/06/05 Rea 08/21/07 Contact: Rebecca Truxell, X-7040 S/City Clerk/Board 09/SPRAB SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT "A" Applicants with experience in the professions required: George Brewer Self-employed/Architect (currently serving on the Parking Management Advisory Board) Ronald Brito General Contractor-President (also applying for the Site Plan Review & Appearance Board) Roger Cope Self-employed/Architect (currently serving on the Historic Preservation Board) Shannon Dawson Self-employed-Real Estate Consultant/Business Owner (also applying for the Planning & Zoning Board) Rustem Kupi Architect Bryce Newell Real Estate Broker (also applying for the Planning & Zoning Board; currently serving on the Board of Adjustment) Scott Porten General Contractor-President Cheryl Shaffner Realtor (also applying for the Planning & Zoning Board) Jeffrey Silberstein Self-employed Architect Annette Smith Interior Design/President Applicants for At Large Seat: Rosalie Blood Retired (also applying for the Planning & Zoning Board) Svetlana Bogdanovic Construction Supervisor (also applying for the Planning & Zoning Board) Alejandro Borrero Project Director/Architecture (also applying for the Planning & Zoning Board) Mary-Elizabeth Cohn Educator (currently serving on the Neighborhood Advisory Council) Alice Finst Master Gardener/Retired-Educator Ronald Furst Retail-Business Owner (also applying for the Planning & Zoning Board) Bruce Gimmy Retail-Business Owner (also applying for the Planning & Zoning Board) Jose Herrera Event Coordinator (also applying for the Planning & Zoning Board; currently serving on the Police Advisory Board) Loren Levinson Educator (also applying for the Planning & Zoning Board) SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT "A" Robert Marks Chief Construction Inspector (also applying for the Planning & Zoning Board; currently serving on the Code Enforcement Board) Gail-Lee McDermott Educator (also applying for the Planning & Zoning Board; currently serving on the Neighborhood Advisory Council) Robert Moore Financial Management Consultant-President Mel Pollack Security-Director (also applying for the Planning & Zoning Board and the Board of Adjustment) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 9.M. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 APPOINTMENTS TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Board of Adjustment. BACKGROUND The terms for regular members, Mr. Sigurdur Hardester and Mr. Jess Sowards, as well as, alternate member Mr. Bryce Newell will expire on August 31, 2009. Mr. Hardester and Mr. Sowards will have served one (1) full term, are eligible and would like to be considered for reappointment. Mr. Newell will have served an unexpired term, is eligible and would like to be considered for reappointment. Secondly, there is a vacancy for an alternate member to serve a two (2) year term ending August 31, 2011. Appointments are needed for two (2) regular members and two (2) alternate members to serve two (2) year terms ending August 31, 2011. 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 individuals have submitted applications and would like to be considered for appointment: Sigurdur Hardester (also applying for the Planning & Zoning Board) Incumbent Bryce Newell Incumbent Mel Pollack (also applying for the Planning & Zoning Board and the Site Plan Review & Appearance Board) Jess Sowards Incumbent Harvey Starin (also applying for the Planning & Zoning Board) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3) for two (2) regular members and by Commissioner Bernard (Seat #4) and Mayor McDuffie (Seat #5) for two (2) alternate members to serve on the Board of Adjustment for two (2) year terms ending August 31, 2011. RECOMMENDATION Recommend appointments of two (2) regular members and two (2) alternate members to serve on the Board of Adjustment for two (2) year terms ending August 31, 2011. 03/09 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 imexp reg Re-a 03/03/08 08 /31 /2010 Bernard Federgreery Qiairperson Director of Operations Unexp Appt 02/20/07 alt Reappt 02/19/08 alt Appt08/19/08 reg 08/31/2010 Clifton Miller Retired General Unexp Appt 10/05/04 alt Contractor Unexp Appt 04/05/05 reg Reappt08/31/06 Reappt08/19/08 08/31/2010 Dale Miller, Vice Qiairperson Interior Design Appt09/03/08 08 /31 /2009 Jess Sowards Architect Unexp Appt 05/01 /07 alt Reappt 02/19/08 alt 03/03/08 re ALTERNATES 08 /31 /2009 Bryce Newell Real E state Unexp Appt 08/31/08 08/31/2009 Planner Vacant Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Donna Quinlan & City Attorney Fax final Board Order to Chair Person for signature. S/City Clerk/Board 09/Board of Adjustment MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 9.N. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Neighborhood Advisory Council. BACKGROUND Regular member, Ms. Ria Santos (Zone 1), resigned from the Neighborhood Advisory Council effective July 23, 2009. This creates a vacancy for a regular member to serve an unexpired term ending July 31, 2011. A map of the Neighborhood Appointment Zones is included for your review. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following individuals from Zone 1 have submitted applications and would like to be considered for appointment: Sal Cherch Susan Sims 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 Commissioner Frankel (Seat #3) for one (1) regular member to serve on the Neighborhood Advisory Council for an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2011. 06/09 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 10/31/10 Zone 1 Gaston Joseph, Vice Chair Unexp Apppt 08/21/07 Rea 10/16/07 10/31/10 Zone 2 Vacant 10/31/10 Zone 3 Linda Latnence Leib Unexp Appt 10/17/06 Rea 10/16/07 10/31/10 Zone 4 Harold Van Arnem a~ 1o/16/m 07/31 /11 Zone 5 Gail-Lee McDermott Unexp 03/03/08 Reapptl0/07/08 07/31 /11 Zone 6 Linda Prior Unexp Appt 02/20/07 Rea 10/07/08 07/31 /11 Zone 1 Vacant 07/31/11 Zone 2 Mary-Elizabeth Cohn Appt10/21/08 10/31/09 Zone 3 Shirl Fields a~ 10/17/06 10/31/09 Zone 4 Kristen Albanese Unexp Appt 06/16/09 10/31/09 Zone 5 Matthew Hartley a~ 10/17/06 10/31/09 Zone 6 Joseph Kamarata, Chair a~ 10/17/06 10/31 /10 At Large William NTilner Uenxp Appt02/03/09 R resentative 07/31 /11 At Large Patricia Westall unexp a~ 0/19/05 Representative Reapptl0/25/05 Rea 10/07/08 10/31/09 At Large Charles Stravino 11/04/03 ~ R resentative 10/17/06 07/31/10 Student Vacant 07/31/10 Student Vacant S/CityClerk/Board 09/Neighborhood AdvisoryCotmcil CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory ~ouneil - Appoin#menf Zones - .. ,~ ~ ,~ CIlYOF D0.F7AY A~ACJ{ f~ AUM~lING 6.2OWNG D~AR7K4(t AMR{Yf 700e " arm w!k L1fY[s~T3 ~-.~.._-_.~_ --~rAL SSE WPSYSJBI-- GRwvF(IC SfJt[E -~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 9.0. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 APPOINTMENT TO THE NUISANCE ABATEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Nuisance Abatement Board. BACKGROUND There is a vacancy on the Nuisance Abatement Board for an alternate member to serve an unexpired term ending July 31, 2011. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisances on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following individuals have submitted applications and would like to be considered for appointment: Patricia Conlon Wendy Smith 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 Commissioner Bernard (Seat #4) for one (1) alternate member to serve on the Nuisance Abatement Board for an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) alternate member to the Nuisance Abatement Board to serve an unexpired term ending July 31, 2011. NUISANCE ABATEMENT 06/09 TERM EXPIRES REGULAR MEMBERS OCCUPATION 03/31/2010 Greta Britt N/A Unexp Alt 02/01/05 Unexp Reg 02/15/05 Reappt Reg 03/15/05 Reappt02/21/06 Rea 03/03/08 07/31/2011 Philip Friedman Retired/Real Estate/ unexp Amt alt o3/01/05 Financial Aid Reappt r Unexp Reg 3/31/05 Appt Reg 01/17/06 Reappt Reg 03/05/07 Rea 03/17/09 07/31 /2011 Annie Ad1dn~Roof Attorney Appt03/17/09 07/31 /2010 Linda Laurence-Le1b Office Manager Amt Alt a~/07/09 Re 06/18/09 07/31 /2011 Arline Shernian Retired/Physical unexp Amt oz/m/o6 Therapy Manager R-appt 03/05/07 Rea 03/17/09 ALTERNATES 07/31 /2011 Brian Smith Librarian Appt06/16/09 07/31/2011 Vacant BOARD COUNSEL Steve D. Rubin, E sq Ward Damon, Posner, Pheterson and Bleau POLICE LEGAL ADVISOR Cathy Kozol Contact: Venice Cobb S/CityQerk/Board 09/Niri.~~ce Abatement MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: August 17, 2009 SUBJECT: AGENDA ITEM 9.P. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 CANCELLATION OF CONTRACT TO GROUNDS KEEPER, INC. AND AWARD TO SPORTS TURF ONE, INC. ITEM BEFORE COMMISSION City Commission is requested to terminate a contract award to Ground Keepers, Inc. for Landscape Maintenance of three (3) baseball fields at Pompey Park (Bid #2009-16), and authorize staff to award contract to the next eligible bidder, Sports Turf One, Inc. in the estimated amount of $35,000 for the remainder of the contract term. BACKGROUND The City Commission, at their meeting of April 21, 2009, awarded Bid #2009-16, Landscape Maintenance at Pompey Park-Three (3) Baseball Fields to Ground Keepers, Inc. A copy of the Apri121, 2009 agenda request and tabulation sheet is attached. Three (3) vendors submitted proposals for this bid. Ground Keepers, Inc., (low bidder), EDJ Service, Inc. (did not attend mandatory pre-bid meeting) and Sports Turf One, Inc. Ground Keepers is currently on a three (3) month probation period and has failed to meet contract standards. They have also failed to provide the aerification of the fields at the correct times, failed to identify mole crickets and failed to mow and cut the Bermuda grass properly every time. Ground Keepers, Inc. assured the City that they could perform to City standards at the quoted prices, but to date have failed to do so. Due to the poor performance of Ground Keepers, Inc. the three (3) ballfields at Pompey Park have fallen into very poor conditions. See attached photos. Due to Ground Keepers failure to perform and failure to meet the contract standards, Parks and Recreation would like to award the balance of the contract to Sports Turf One, Inc. FUNDING SOURCE 001-4131-572.34-90 Parks & Recreation Park Maintenance RECOMMENDATION Staff recommends the cancellation of the contract with Ground Keepers, Inc. for Landscape Maintenance of Three (3) Baseball Fields at Pompey Park and authorization to award the balance of the contract term to Sports Turf One, Inc. in the amount of $35,000. ^ ~~ ~ r~ x x __ ^ i ~. 7 T ~ ~Q ~~ a ~~ ^ ^ ~_. ~: r w y k M i ~~ N ~~ ~ ~.. M' .~ ~~ +~ MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement THROUGH: David Harden, City Manager DATE: August 17, 2009 SUBJECT: AGENDA ITEM 9.Q. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 INTERLOCAL AGREEMENT/TOWN OF GULFSTREAMBUILDING AND PERMIT SERVICES ITEM BEFORE COMMISSION City Commission consideration of the proposed Interlocal Agreement between the City of Delray Beach and the Town of Gulfstream for Building Permit and Inspection services. Staff is requesting approval to submit the proposed interlocal agreement to Mr. William Thrasher, Gulfstream Town Manager for his presentation to the town's commission. BACKGROUND Staff met with William Thrasher, Gulfstream Town Manager and Rita Taylor, Town Clerk on Tuesday, July 28 at their request to discuss the possibility of and the City of Delray Beach interest in providing building permit and inspection services for their town. Palm Beach County has provided these services to the town since 1985. We considered the history of the permit and inspection activities carried out in Fiscal years 07/08 and 08/09 and concluded that it is well within our capacity to provide these services. Gulfstream is a residential community that is almost built out. Permit activity includes new single family structures and additions and alterations to existing homes. The town reviews all permits prior to the contractor submitting applications to Delray Beach for appropriateness of zoning, landscaping and architectural elevations. The agreement provides for the City to keep 100% of all permit fees collected from applications processed. Based on the number and types of construction activity permitted by the County over the past two (2) years, we estimate that the revenues generated in Fisca109/10 would be around $100,000. RECOMMENDATION Staff is recommending City Commission approval of the proposed Interlocal Agreement between the City and the Town of Gulfstream to provide Building Permit and Inspection services and authorize staff to submit the same to the Town of Gulfstream for their consideration. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE TOWN OF GULF STREAM THIS AGREEMENT entered into on this day of , 2009 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "the CITY" and the TOWN OF GULF STREAM, FLORIDA, a Florida municipal corporation, hereinafter referred to as "the TOWN". WITNESSETH: WHEREAS, the health, safety and welfare of the residents of both TOWN and CITY will best be served by the CITY inspecting certain structures lying within the TOWN'S limits; and, WHEREAS, this Agreement evidences the intentions of the respective parties to cooperate with each other in the furtherance of the public's interest. NOW THEREFORE, it is hereby agreed by and between the parties hereto as follows: Section 1. Definitions: Code: When used herein, the term "Code" shall mean the Florida Building Code as amended. Department: When used herein, the term "Department" shall mean the City of Delray Beach Community Improvement Department. Building Official: Where used herein, the term "Building Official" shall mean the Chief Building Official for the City of Delray Beach. Fees : When used herein, the term "fee" or "fees" shall mean the fee(s) charged as a condition for plan review, building, electrical, or plumbing permit and/or the inspection fee charged for inspection of work; both made a part hereof. Inspector: When used herein, the term "inspector" shall mean any Building Inspector in the employ of the CITY. Permit: When used herein, the term "permit" shall mean permit issued by the CITY for any construction work. Permittee: When used herein, the term "permittee" shall mean any individual, corporation or other business entity applying for and/or holding a valid permit. Structures; When used herein, the term "structures" shall mean any and all above-ground, in-ground, and/or underground structures, and any and all construction, mechanical, electrical and/or plumbing work for which a permit must be obtained. Section 2. The CITY and TOWN, in consideration of the mutual promises and benefits hereinafter set forth, receipt of which is hereby acknowledged, do hereby agree as follows: A. The purpose of this Agreement is to provide the TOWN with the expertise and assistance of the CITY'S Department for the inspection of certain construction projects within the TOWN'S limits. B. The method by which this purpose will be accomplished is as follows: 1. The TOWN shall adopt an ordinance which: a. incorporates by reference the provisions of the Code as presently in force and effect in the CITY; b. vests the responsibility for reviewing plans for compliance with the Code, issuing permits, and inspecting structures with the TOWN in the CITY'S Department; and c. upon adoption by the CITY of any amendments to said Code, the TOWN shall immediately, upon notice by the CITY amend its ordinance to accurately reflect such changes. 2. a. Plans for construction shall be submitted to the TOWN in triplicate by the applicant and shall be reviewed by TOWN for compliance with TOWN'S Zoning Code and other non- construction compliance. The three (3) plans shall be stamped and submitted to CITY by contractor or owner with the attendant permit applicant and fees. b. The Department shall review and process all plans, submitted in triplicate, checking the same for compliance with the Code; and determine the subsidiary permits necessary and the amount of fees. For processing and the inspection service, CITY shall receive one hundred percent (100%) of the permit fee. Said fees shall be collected by CITY. After reviewing and processing said construction plans, CITY shall forward one set of said plans to the contractor/owner with the permit and another set to the TOWN with a copy of the permit. CITY shall not forward any plans to TOWN without the attendant permit. 2 3. Applications for all permits shall be submitted to CITY on CITY approved forms. The CITY shall process and prepare all permits for construction within the TOWN a~a~' f.,r.~i~rr! c~i~por~ {p {~y Tn~n~n~ fir ;~~~~~ Any authorized individual may request the Department to inspect a project on a given time and date. The permit inspection card and plans shall be on the construction site at all times and the inspector, upon the completion of his inspection, will mark the card either as to acceptance and the date thereof, or will note reason for rejection and the date thereof. Upon satisfactory completion of the project and final inspection, the Building OfFicial will prepare the Certificate of Occupancy and will forward said Certificate of Occupancy to TOWN which will issue the Certificate of Occupancy to the permitee, or authorized agent thereof, with a copy to the CITY. 4. The TOWN shall be solely responsible for the enforcement of violations of the provisions of said Code by persons, firms or corporations engaged in construction within the TOWN. 5. The TOWN shall assume responsibility for the administration of all consumer inquires. The TOWN shall forward to the Building Official only those inquires concerning the plan review and inspection process, set forth above, and all others shall be the responsibility of the TOWN. 6. The Building Official shall have the right to refuse to inspect any structure with TOWN should he/she deem it in the best interest of CITY. All such determinations not to inspect a structure shall be made in writing to TOWN. 7. The TOWN shall hold harmless and indemnify CITY against any and all claims for damages of every kind and nature including, but not limited to claims for property damage, personal injury or death, arising out of the plan review and inspection process. 8. The TOWN shall annually supply CITY with a Certificate of Insurance from the TOWN'S insurance carrier evidencing all the necessary insurance coverage for CITY and the Building Official or any authorized agent of the Department reviewing plans for construction within the Town and/or making inspections within the TOWN. Said insurance certificates and coverage shall be satisfactory to the CITY'S Risk Manager. The CITY is not obligated to undertake any action under this Agreement until the CITY'S Risk Manager has approved said insurance certificate and coverage. The approval by the CITY'S Risk Manager shall not be unreasonable withheld. 3 Section 3. Duration. This Agreement shall be a continuing nature unless cancelled by either party for any reason and without penalty, on not less than sixty (60) days written notice. Any fees paid to CITY where inspection services are not completed shall be prorated in accordance with the percentage of inspection completed and any excess shall be refunded to TOWN. Section 4. Miscellaneous A. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. B. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. C. Neither party shall assign or transfer any rights or interest in this Agreement without the written consent of the other party. D. This Agreement shall not be valid until signed by the Mayor and the City Clerk of each party. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers on the date set forth above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to form: By: City Attorney ATTEST: By: City Clerk Approved as to form: By: City Attorney By: Mayor TOWN OF GULF STREAM, FLORIDA By: Mayor 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 ORDINANCE N0.34-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for a second reading and second public hearing to consider acity- initiated amendment to Land Development Regulations (LDR) Section 5.3.2, "Park Land Dedication", Subsection (C), "Impact Fee Required", to clarify requirements regarding impact fees for single family and all other types of development. BACKGROUND At the first reading on August 4, 2009, the Commission passed Ordinance No. 34-09. RECOMMENDATION Recommend approval of Ordinance No. 34-09 on second and final reading. ORDINANCE N0.34-09 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 5.3.2, "PARK LAND DEDICATION", SUBSECTION (C), "IMPACT FEE REQUIRED", TO PROVIDE FOR CLARIFICATION REGARDING IMPACT FEES FOR SINGLE FAMILY AND ALL OTHER TYPES OF DEVELOPMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on July 20, 2009 and voted 5 to 0 to recommeald that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Article 5.3, "Dedication and Impact Requirements", Section 5.3.2, "Park Land Dedication', Subsection (C), "Impact Fee Required", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: (C) Impact Fee Reduired: Whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee assessed for the purpose of providing park and recreational facilities shall be imposed (1) The amount of the fee shall be $500 per dwelling unit regardless of the size or occupancy of the unit. (2) The fee shall be assessed against the following type of development: • ~ single family homes • ~b duplexes • ~ multiple family dwelling units • ~ motels, hotels, residential inns, • ~ resort dwelling units (3) The impact fee for single family dwellings shall be imposed and collected upon first development of the lot and collected at the time of issuance of ~ the building permit. Upon redevelopment of a lot, an impact fee credit shall be given for the demolition of any structure built after February 23, 1982. No credit shall be given for structures built prior to February 23,1982 and a park impact fee is due upon issuance of a building~ermit. (4) The impact fee for all other types of development shall be imposed for each structure/dwelling unit and collected at the time of issuance of a building permit ~~~- '-'~~ ~'-~-~ ~~'~ ~~ --~~~'~ '~~~ ~~~~ '-'~~ ~ ~~'-~ If such development involveds previousl~nermitted and inhabited dwelling units which must be demolished that were constructed after Feb 23, 1982 '-'~~ a„~....~';~;~,.. ~~- a credit for each dwelling unit demolished shall be applied If the structure/dwelling unit to be demolished was constructed before February 23, 1982, no credit shall be issued and a park impact fee will be required at issuance of a building~ermit. If the development involves a lot that has been subdivided since the initial impact fee was paid a new impact fee shall be imposed for each new structure /dwelling unit on each new lot. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. N0.34-09 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST MAYO R City Clerk First Reading Second Reading 3 ORD. N0.34-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIR. PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: July 28, 2009 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 ORDINANCE N0.34-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to Land Development Regulations (LDRs) that that will clarify when park impact fees are required. BACKGROUND The Land Development Regulations require that whenever a residential, hotel, motel, residential inn, or resort dwelling unit development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee for the purpose of providing park and recreational facilities is imposed. For single family dwellings, current code language requires the impact fee payment, and then states that if the previously built lot becomes vacant for more than 180 days, that a new fee must be paid. Then the code states that the fee is to be collected only once. This contradiction is corrected in the new language. The new language clarifies that the requirement to pay the impact fee for a previously built single family lot that is redeveloped only applies if the fee had not previously been paid. The ordinance makes it clear that a park impact fee is paid only once for single family dwelling lots and future redevelopment of a lot that has previously paid the fee is allowed a credit. The park impact fee also applies to the following other types of residential and commercial developments: duplexes, multiple family dwelling units, motels, hotels and residential inns, and resort dwelling units. The current code language imposes the fee for all of these other types of developments, and states that if they were continuously inhabited for 180 days prior to the demolition for redevelopment, a credit would be applied. This ordinance clarifies that an impact fee for each new residential unit will be required. A credit will be http://miweb001/AgendasBluesheet.aspx?ItemID=2429&MeetingID=214 8/11/2009 Page 2 of 2 given for units that are demolished if they were constructed after February 23, 1982. This is the effective date of the current park impact fee and it is assumed that development after this date paid the impact fee, while development prior to this date did not. Therefore, as the fee is to be paid only once, a credit is given for demolished units built after February 23, 1982. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 20, 2009. The Board unanimously recommended approval on a 5 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 34-09 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://miweb001/AgendasBluesheet.aspx?ItemID=2429&MeetingID=214 8/11/2009 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: AGENDA NO: JULY 20, 2009 IV.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING ARTICLE 5.3, "DEDICATION AND IMPACT REQUIREMENTS", SECTION 5.3.2, "PARK LAND DEDICATION", SUBSECTION (C), "IMPACT FEE REQUIRED", TO PROVIDE FOR CLARIFICATION REGARDING WHEN PARK IMPACT FEES ARE REQUIRED. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will clarify when park land impact fees are required. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS The Land Development Regulations require that whenever a residential, hotel, motel, residential inn, or resort dwelling unit development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee assessed for the purpose of providing park and recreational facilities is imposed. For single family dwellings, current code language requires the impact fee payment, and then states that if the previously built lot becomes vacant for more than 180 days, that a new fee must be paid. Then the code states that the fee is to be collected only once. This contradiction is corrected in the new language. The new language actually adds a reference that the requirement to pay the impact fee for a previously built single family lot that is redeveloped only applies if the fee had not previously been paid. The ordinance makes clear that a park impact fee is paid only once for single family dwelling lots and future redevelopment of a lot that has previously paid the fee is applied a credit. The park impact fee also applies to the following other types of residential and commercial developments: duplexes, multiple family dwelling units, motels, hotels and residential inns, and resort dwelling units. The current code language imposes the fee for all of these other types of developments, and states that if they were continuously inhabited for 180 days prior to the demolition for redevelopment, a credit would be applied. This ordinance clarifies that an impact fee for each new residential unit will be required. A credit will be given for units that are demolished if they were constructed after February 23, 1982. This is the effective date of the current park impact fee and it is assumed that development after this date paid the impact fee, while development prior to this date did not. Therefore, as the fee is to be paid only once, a credit is given for demolished units built after February 23, 1982. Planning and Zoning Board Meeting, July 20, 2009 LDR Amendment -Park Land Impact Fees REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the following goals, objectives and/or policies are identified: Objective A-2 Park and recreation facilities shall be adequately and efficiently provided with adequate parking and public access and shall be compatible with surrounding existing properties and new development through implementation of the following policies: Policy A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policy A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policy A-2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving Policy A- 2.2. This mechanism shall only be one of the funding sources which are applied to meeting that policy emphasis added]. While this ordinance amendment is a clarification of an existing provision for park impact fees, it continues to be consistent with the Comprehensive Plan objectives and policies noted above. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 5.3.2, "Park Land Dedication", Subsection (c), "impact fee required", to provide for clarification as to when park impact fees are required, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) 2 Planning and Zoning Board Meeting, July 20, 2009 LDR Amendment -Park Land Impact Fees C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations Section 5.3.2, "Park Land Dedication", Subsection (c), "impact fee required", to provide for clarification as to when park impact fees are required, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 5.3.2, "Park Land Dedication", Subsection (c), "impact fee required", to provide for clarification as to when park impact fees are required, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) Attachment: ^ Proposed ordinance LDR-Park Impact Fee- PZB-6-15-09 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 ORDINANCE N0.38-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a privately-initiated amendment to the Land Development Regulations (LDR) Section 4.4.12, "Planned Commercial (PC) District", Subsection (D), "Conditional Uses and Structures Allowed", and Subsection (G), "Supplemental District Regulations", to provide regulations for the Silver Terrace Courtyards Overlay District; enacting Section 4.5.17, "Silver Terrace Courtyards Overlay District", to define the overlay district; amending Sections 4.7.1, "Definitions", Section 4.7.2, "Applicability", and Section 4.7.5, "Density Bonus Program for the Southwest 10th Street and I-95/CSX Railroad Corridor Overlay Districts", to provide for the creation of a new Workforce Housing Overlay District; amending Section 4.7.9, "General Provisions", Subsection "o", to modify the provisions allowing non-eligible occupants to occupy workforce housing rental units under certain conditions. BACKGROUND At the first reading on August 4, 2009, the Commission passed Ordinance No. 38-09. RECOMMENDATION Recommend approval of Ordinance No. 38-09 on second and final reading. ORDINANCE NO. 38-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL (I'C) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE REGULATIONS FOR THE SILVER TERRACE COURTYARDS OVERLAY DISTRICT; ENACTING SECTION 4.5.17, "SILVER TERRACE COURTYARDS OVERLAY DISTRICT", TO DEFINE THE OVERLAY DISTRICT; AMENDING SECTIONS 4.7.1, "DEFINITIONS", SECTION 4.7.2 "APPLICABILITY", AND SECTION 4.7.5 "DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10TH STREET AND I-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICTS", TO PROVIDE FOR THE CREATION OF A NEW WORKFORCE HOUSING OVERLAY DISTRICT; AMENDING SECTION 4.7.9, "GENERAL PROVISIONS", SUBSECTION "O", TO MODIFY THE PROVISIONS ALLOWING NON ELIGIBLE OCCUPANTS TO OCCUPY WORKFORCE HOUSING RENTAL UNITS UNDER CERTAIN CONDITIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on July 20, 2009 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.12, "Planned Commercial (I'C) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seach, Florida, be and the same is hereby amended to read as follow: (D) Conditional Uses and Structures Allowed The following uses are allowed as conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment Area # 6) Overlay District and the Silver Terrace Courtyards Overlay District by Section 4.4.12(G) and within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(c): (1) All uses allowed as such within the GC District [Section 4.4.9(D)]. (2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances) (3) Private schools and other similar educational facilities, subject to Section 4.3.3(1=~H1). (4) Adult Gaming Centers. Section 3. That Section 4.4.12, "Planned Commercial (I'C) District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following shall apply. (1) Development within the Lindell/Federal Redevelopment Area Overlay District (Redevelopment Area # 6) shall be consistent with the provisions contained within the adopted Redevelopment Plan for the area, as particularly described under the chapter entitled "Section 4: Plan for Future Development." (2) Within the portion of the Redevelopment Area that is bounded by Dixie Highway on the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K (extended) on the north, multiple family residential development with densities of up to 16 units per acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium Density Residential) Zoning District, subsection (I), Performance Standards, and based upon the development's conformance with the applicable standards and criteria described within the adopted Redevelopment Plan. (3) Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentage of each use allowed In the event that residential and nonresidential 2 ORD. NO. 38-09 uses are located in the same structure, residential uses and nonresidential uses must be physically separated and have separate accessways. (4) All development within the Four Corners Overlay District shall also comply with the provisions of Section 4.4.9(G)(3)(d) and (e). (5) Within the Silver Terrace Courtyards Overlay District as defined by Section 4.5.17, multi family residential and mixed use development with residential densities up to 22 units per acre is allowed as a conditional use, subiect to the provisions of LDR Section 4.4.6 RM (Medium Density Residential, Zoning District, subsection Q), Performance Standards, provided at least 20 % of the Section 4. That Section 4.5.17, "Silver Terrace Courtyards Overlay District" of the Land Development Regulations of the City of Delray Seach, Florida, be and the same is hereby enacted to read as follows: Section 4.5.17 Silver Terrace Courtyards Overlay District: (A) Defined The Silver Terrace Courtyards Overlay District is located on the west side of South Federal Highwa~pproximately 320 feet south of SE 10~ Street and north of the Plaza at Re tions. Section 5. That Section 4.7.1, "Definitions", of the Land Development Regulations of the City of Delray Seach, Florida, be and the same is hereby amended by enacting subsection 4.7.1(v) to read as follow: ORD. NO. 38-09 v. Silver Terrace Courtyards Overlay District -The area located on the west side of South Federal Highwa~pproximately 320 feet south of SE 10~ Street and north of the Plaza at Delray as shown in the map below s.E. sn{ sT. J J Q Q (Y ~ ARCENS CR . ~ O w w r L~ L~ a S.E. 10TH ST. ~ C~ g ~ ~ w ~ ~ ' Av ~ ~ a a ~ 3 ~ a > = a m CIR. WILSON AVE. UE ~ J ~ q 1 CENTRAL AVE. 1 ~ ' ~ ~O 4 y>~ ~ O ~ ~ COLLINS AVENUE U ~ J' d ~ ~ w X ~ Z <° O s ~Q' ~ ~ ~v ~ ~ o ~ F BANYAN TREE LANE Section 6. That Section 4.7.2, "Applicability', of the Land Development Regulations of the City of Delray Seach, Florida, be and the same is hereby amended by enacting subsection 4.7.2(j ) to read as follows: j. In the Silver Terrace Courtyards Overlay District, at least twent,~(20~percent of all residential units must be workforce housing units that are affordable to very low, or low, or moderate income families. Section 7. That Section 4.7.5, "Density Sonus Program for the Southwest 10~ Street and I- 95/CSX Railroad Comdor Overlay Districts", of the Land Development Regulations of the City of Delray Seach, Florida, be and the same is hereby amended to read as follow: Section 4.7.5 Density Sonus Program for the Southwest 10th Streets I-95/CSX Railroad Comdor and Silver Terrace Court~Overlay Districts. 4 ORD. NO. 38-09 a. Developers of property in the Southwest 10th Street Overlay District shall develop the properties to afford a minimum of twenty percent of the residential units as ~rkforce housing units. i. The twenty percent that are developed as ~rkforce housing units must contain units that are affordable to very low, low or moderate income families. ii. In the Southwest 10th Street Overlay District, the maximum density allowed is the maximum zoning density allowed in the zoning district. To obtain the maximum density allowed in the zoning district, not only must a minimum of twenty percent of the residential units be developed as ~rkforce housing, but all the performance standards that allow increased density shall also be substantially met. iii. Workforce housing units maybe located off-site provided the location chosen is within the City of Delray Seach. iv. All sections of Article 4.7 apply to the Southwest 10th Street Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. b. Developers of property in the I-95 /CSX Railroad Comdor Overlay District shall develop the properties to afford a minimum of twenty-five percent of the residential units as workforce housing units. i. The twenty-five percent that are developed as ~rkforce housing units must contain units that are affordable to very low, low or moderate income families. ii. In the I-95 /CSX Railroad Comdor Overlay District, the maximum density allowed is twenty-four (24) units per acre as a Conditional Use. To obtain a density greater than 6 units per acre, not only must a minimum of twenty-five percent of the residential units be developed as workforce housing, but the performance standards of Section 4.4.6(I), shall also be substantially met. iii. All sections of Article 4.7 apply to the I-95 /CSX Railroad Comdor Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. i. The twentypercent that are developed as ~rkforce housing units must contain units that are affordable to very low low or moderate income families. ORD. NO. 38-09 ii. In the Silver Terrace Courtyards Overlay District, the maximum density iii. All sections of Article 4.7 apply to the Silver Terrace Courtyards Overlay District, except for Sections 4.7.4, 4.7.11 and 4.7.12. Section 8. That Section 4.7.9, "General Provisions", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended by amending subsection "o", to read as follows: o. Workforce housing rental units shall be marketed continuously as ~rkforce housing twits. In the unlikely event that, notwithstanding the marketing efforts outlined in a specific Covenant agreement, the total number of occupied ~rkforce housing units does not equa1100% of the workforce units required for the proT and , as to ~rkforce units which have remained vacant for 45 days or more due to a lack of Eligible Occupants, those units may be rented to non eligible occupants at market rents; provided that the Developer shall pay to the Delray Beach Housing Trust Fund (DSHTF) at the end of each calendar year any rents actually received from the non eligible occupants of the ~rkforce units for that year in excess of the rents that would have been received from Eligible Occupants for such workforce units based on ~rkforce rents at the time of the signing of the lease ("Excess Rental Payment"). Excess Rental Payments shall accrue only for periods in which the required ~ 100% is not satisfied No later than 20 days following the end of the month, the Developer shall provide the DSHTF with a monthly statement highlighting those units which require Excess Rental Payments. No later than 30 days following the end of the year, the Developer shall provide the DSHTF with an annual statement and shall submit the amounts due to the DSHTF within thirty(30) days following written notice from the DSHTF of its approval of each annual statement. The ~rkforce units rented to non eligible occupants will be considered Workforce Housing Units for the purposes of complying with this Ordinance, but only until the next vacant unit is rented to an eligible candidate, at which time the non eligible unit will cease to be considered a Workforce Housing Unit. If less than ~ 100% of the total number of ~rkforce units required for the proT are occupied with ~rkforce eligible occupants, then each subsequent vacant unit shall be marketed to workforce eligible applicants pursuant to an approved marketing and advertising plan until all required workforce units are rented to eligible occupants. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, 6 ORD. NO. 38-09 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 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 11. 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 , 2009. ATTEST City Clerk First Reading Second Reading MAYO R 7 ORD. NO. 38-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: July 28, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 ORDINANCE N0.38-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration ofprivately-initiated amendments to the Land Development Regulations (LDRs), Section 4.4.12, "Planned Commercial (PC) District"; Section 4.5.17, "The Silver Terrace Courtyards Overlay District"; and Article 4.7, "Family Workforce Housing", to provide regulations associated with the creation of the Silver Terrace Courtyards Overlay District. BACKGROUND On April 21, 2009, the City Commission adopted Comprehensive Plan Amendment 2009-1, which included aprivately-initiated text amendment to modify the description of the GC (General Commercial) Future Land Use designation to increase the maximum density for residential uses from 12 units per acre to 22 units per acre and decrease the maximum intensity for non-residential uses from an FAR of 3.0 to 0.75, specific to the proposed Silver Terrace Courtyards Overlay District. The overlay district, located on the west side of South Federal Highway, between SE 10th Street and Linton Boulevard, measures 8.18 acres in size and encompasses the Floranda Mobile Home Park, several single family homes and Executive Office Quarters, located just north of the mobile home park (see attached location map). Development within the overlay district also requires that 20% of the residential units be workforce housing units. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The text amendments consist of adding the description of the new overlay district to Article 4.5, "Overlay and Environmental Management Districts"; adding requirements for development within the overlay district to the zoning district regulations in Section 4.4.12, "Planned Commercial (PC) District"; and modifying Article 4.7, "Family/Workforce Housing" to accommodate the new overlay district. Please note that Section 4.7.9(0) was added in February 2009 to allow non-eligible occupants to occupy workforce housing rental units under certain conditions. That addition was aprivately-initiated text amendment by the developers of the Historic Depot Square project, which is located within the I- 95/CSX Railroad Corridor Overlay District, and was based on a requirement of 25% workforce housing http://miweb001/AgendasBluesheet.aspx?ItemID=2430&MeetingID=214 8/11/2009 Page 2 of 2 units, which is the specific requirement for the I-95/CSX Railroad Corridor Overlay District. Since other overlay districts may require less than 25% workforce housing units, including the Silver Terrace Courtyards Overlay District, the language of that section has been modified with the current amendment so that the provisions can be consistently applied throughout the other overlay districts. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 20, 2009. The Board unanimously recommended approval on a 5 to 0 vote (Glickstein and Pike absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 38-09 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://miweb001/AgendasBluesheet.aspx?ItemID=2430&MeetingID=214 8/11/2009 Q Q ¢ ~ Cfl W ~ ~ N z > ~ W W Q TH ST. S~E~ 7TH 3 v~ 0 0 = z ~ r N M a S.E. 8TH ST. S T. ¢ Z ¢ ~ S.E. 8TH S T. N o z ~ w z ~ ~ TH N COURT ~ s.E.em 3 ¢ CT. ~ r r ~ ~ a ~ vi v~ vi = = Q ~ ~ S.E. 9TH ST. ^ ~ S.E. 9TH ST. W J J ~ Q Q ~ ~ Q SWINTON GARDENS DR. W W vi ~ ~ L~ L~ s.E. 1orH sr. N. LONGPORT CIR. ~ w ¢ rc ~ r U ~ ~ ~ O ~ U ~ ~ ~ STONE ~ m a o H WAY ~ Q ~ z 3 w Z ~ aY o ~ POI I o_ m _ - S. LONGPORT CIR. WILSON AVE. REIGLE AVENUE ~ J ¢_ ~ Q S.E. 12TH RD. ~ CENTRAL AVE. ~ ~ ~O. ~ P a Q o v~ O `~ LJ B ~ COLLINS AVENUE Q J' ~ o' w z X ~ ° ~ ~P - ~\~~ U 4' ~ P O~V~ RHOUES ~~ BANYAN TREE LANE UEL-HAVE O L I N T O N B O U L E V A R D -- D/GITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1093_Silver Terrace (Layout-2) N SILVER TERRACE SUBJECT PROPERTY ~ COURTYARD OVERLAY DISTRICT PLANNING AND ZONING Q `' DEPARTMENT LOCATION MAP PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JULY 20, 2009 AGENDA NO.: IV. D. AGENDA ITEM: CONSIDERATION OF PRIVATELY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRS), SECTION 4.4.12 "PLANNED COMMERCIAL" (PC) DISTRICT; ARTICLE 4.5 "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS"; AND ARTICLE 4.7 "FAMILY/WORKFORCE HOUSING", TO PROVIDE REGULATIONS ASSOCIATED WITH THE CREATION OF THE SILVER TERRACE COURTYARDS OVERLAY DISTRICT. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding privately-initiated amendments to the Land Development Regulations to provide regulations associated with the initial creation of the Silver Terrace Courtyards Overlay District. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND On April 21, 2009, the City Commission adopted Comprehensive Plan Amendment 2009-1, which included aprivately-initiated text amendment to modify the description of the GC (General Commercial) Future Land Use designation to increase the maximum density for residential uses from 12 units per acre to 22 units per and decrease the maximum intensity for non-residential uses from an FAR of 3.0 to 0.75, specific to the proposed Silver Terrace Courtyards Overlay District. The overlay district, located on the west side of South Federal Highway, between SE 10th Street and Linton Boulevard, measures 8.18 acres in size and encompasses the Floranda Mobile Home Park, several single family homes and Executive Office Quarters, located just north of the mobile home park (see attached location map). Development within the overlay district also requires that 20% of the residential units be workforce housing units. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. The program has been expanded several times since to provide additional opportunities and incentives for the provision of workforce housing. Major revisions included establishment of additional workforce housing overlay districts; increasing the affordability time frames from 30 to 40 years; allowing lots of record between 40 feet and 50 feet to be developed for workforce housing; and requiring the provision of workforce housing to qualify for increased density or height in the CBD zoning district. The latest amendment to the program occurred in February 2009 with the addition Section 4.7.9(0) with provisions to allow non-eligible occupants to occupy workforce housing rental units under certain conditions. Planning and Zoning Board Memorandum Staff Report, July 20, 2009 Amendment to LDRs Pertaining to the Silver Terrace Courtyards Overlay District ANALYSIS The LDR text amendments seek to create an additional Overlay District within the Planned Commercial zoning district on the west side of South Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. Residential development to a maximum of 22 units per acre is permitted through the conditional use process within the overlay district, with a requirement that 20% of the units be workforce housing, subject to the requirements of Article 4.7, "Family/Workforce Housing." Substantial compliance with the performance standards of 4.4.6(1) will also be required to exceed 6 units per acre within the overlay district. The maximum nonresidential Floor Area Ratio (FAR) within the overlay district is 0.75. The text amendments consists of adding the description of the new overlay district to Article 4.5, "Overlay and Environmental Management Districts"; adding requirements for development within the overlay district to the zoning district regulations in Section 4.4.12, "Planned Commercial (PC) District"; and modifying Article 4.7, "Family/Workforce Housing" to accommodate the new overlay district. As noted earlier, Section 4.7.9(0) was added in February 2009 to allow non-eligible occupants to occupy workforce housing rental units under certain conditions. That addition was aprivately- initiated text amendment by the developers of the Historic Depot Square project, which is located within the I-95/CSX Railroad Corridor Overlay District, and was based on a requirement of 25% workforce housing units, which is the specific requirement for the I-95/CSX Railroad Corridor Overlay District. Since other overlay districts may require less than 25% workforce housing units, including the Silver Terrace Courtyards Overlay District, the language of that section has been modified with the current amendment so that the provisions can be consistently applied throughout the other overlay districts. REQUIRED FINDINGS 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: Future Land Use Element Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. As participation in the Workforce Housing Program continues, it will be necessary to modify the regulations from time to time to increase efficiency and to ensure that the intended results are achieved. Expansion of the program to include an additional Overlay District will create an opportunity for additional workforce housing units to be constructed within the City. Based on the land area within the Silver Terrace Courtyards Overlay District, approximately 36 affordable housing units may ultimately be developed. 2 Planning and Zoning Board Memorandum Staff Report, July 20, 2009 Amendment to LDRs Pertaining to the Silver Terrace Courtyards Overlay District Housing Element Objective B-1 The City shall work to ensure that there continues to be an adequate supply of quality housing to accommodate very low, low, and moderate income households. Housing Element Objective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i. e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. In addition to the above objectives, a text amendment was adopted as part of Comprehensive Plan Amendment 09-1 to support increased residential density (with workforce housing) within the Silver Terrace Courtyards Overlay District. The amendment modified the description of the General Commercial FLUM designation to read as follows: General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except for mixed-use development within the Four Corners Overlay District, where the nonresidential component is limited to an FAR of 2.0, and except within the Silver Terrace Courtyards Overlay District where the nonresidential development is limited to an FAR of 0.75. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. The ultimate goal of the Family/Workforce Housing Program is to encourage the provision of housing, which is affordable to very low to moderate income households through the use of incentives. By expanding this program, the proposed text amendments are consistent with and will further the Goals, Objectives, and Policies of the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Progressive Residents of Delray (PROD) ^ Neighborhood Advisory Council 3 Planning and Zoning Board Memorandum Staff Report, July 20, 2009 Amendment to LDRs Pertaining to the Silver Terrace Courtyards Overlay District Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of the proposed privately-initiated LDR text amendments is to implement the adopted Comprehensive Plan Amendment 2009-1, which created the Silver Terrace Courtyards Overlay District on South Federal Highway, within the General Commercial FLUM designation. The currently proposed text amendment to the Land Development Regulations will further enhance the City's Workforce Housing Program by adding an additional Overlay District to the program. With a minimum of 20% workforce housing units required within the Overlay District, there is a potential for an additional 36 workforce housing units to be constructed within the City. The proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. RECOMMENDED ACTION Move to recommend to the City Commission approval of privately-initiated amendments to the Land Development Regulations (LDRs), Section 4.4.12, "Planned Commercial (PC) District"; Section 4.5.17, "The Silver Terrace Courtyards Overlay District"; and Article 4.7, "Family Workforce Housing", to provide regulations associated with the creation of a new Overlay District, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: • Proposed Ordinance • Location Map s:\planning & zoning\boards\p&z board\Idr text amendment silver terrace courtyards overlay district.doc 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: August 13, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF AUGUST 18, 2009 ORDINANCE 42-09 ITEM BEFORE COMMISSION This is an ordinance amending Chapter 71 of the Code of Ordinances, "Parking Regulations", Section 71.006. "Surcharge on Parking Fines", to provide for an increase in the surcharge on parking fines to fund the School Crossing Guard Program. BACKGROUND This ordinance will increase the surcharge on parking fines from $5.00 to $10.00. The increase in this surcharge will generate an additional revenue of approximately $30,000.00 to the City for the School Crossing Guard Program. RECOMMENDATION The City Attorney's Office recommends approval of Ordinance 42-09. ORDINANCE NO. 42-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", SECTION 71.006, "SURCHARGE ON PARKING FINES"; TO PROVIDE FOR AN INCREASE IN THE SURCHARGE ON PARKING FINES TO FUND THE SCHOOL CROSSING GUARD PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Florida Statutes §318.21(11)(a) allows a municipality to impose a surcharge on parking fines for the sole purpose of funding school crossing guard programs; and WHEREAS, an increase in the parking fine surcharge will supplement the crossing guard program, thereby helping reduce the continued deficits; and WHEREAS, the school crossing guard program is a significant asset to the community in protecting the welfare of our children. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, "Parking Regulations", Section 71.006, "Surcharge on Parking Fines", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: A ~ ten dollar ($10.00) surcharge on each parking fine is hereby imposed for the sole purpose of funding the City's school crossing guard program, which also may be used to pay for startup costs, recurring administrative costs related to printing new tickets or other means of implementing the program. The proceeds will be placed in a trust fund established by the City called the "School Crossing Guard Trust Fund". The surcharge funds collected shall be distributed quarterly to fund the school crossing guard program. 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 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 , 2009. MAYOR ATTEST City Clerk First Read Second Reading 2 ORD. NO.