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03-16-99 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING MARCH 16, 1999 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. COMMISSION CHAMBERS 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 Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of .presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. 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: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 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 ao 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. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes: Regular Meeting of March 2, 1999 Special Meeting of March 10, 1999 6. Proclamations: A. Recognizing and commending the 1999 Senior Games Medal Winners for their athletic achievements B. Building Safety Week - April 4 through 10, 1999 7. Presentations: A. RESOLUTION NO. 17-99: A resolution recognizing and commending Commissioner Kenneth C. Ellingsworth for his many years of dedicated service to the City of Delray Beach. 8. Consent Agenda: City Manager recommends approval. A. ACCEPTANCE OF WARRANTY DEED/THE RECTORY: Accept a Warranty Deed from Aeacus Real Estate Limited Partnership (The Rectory project at the southwest corner of Swinton Avenue and Atlantic Avenue) for a portion of Lot 5, Block 61, to provide a wide turning radius for the waste hauler to make a right hand turn from the east-west alle. y onto the north-south alley behind The Rectory. B. MODIFICATION OF STANDARDS FOR APPROVAL/FINGER PIER AT 325 S.E. 7TH AVENUE: Approve a modification of standards for approval pursuant to LDR Section 7.9.4(A) to allow the construction of a finger pier dock extending 35 feet out from the property line at 325 S.E. 7th Avenue. C. CHANGE ORDER ~i/DELTA PETROLEUM & INDUSTRIAL, INC. (POLICE DEPARTMENT FUEL TANKS & SERVICE ISLAND): Approve Change Order #1 in the amount of $22,300.00. and a 120 calendar day extension Regular Commission Meeting March 16, 1999 to the contract with Delta Petroleum & Industrial, Inc. for additional services and materials associated with the remedial work at the Police Department fuel tanks and service island, with funding from 334-6112-519-62.10 (General Construction Fund - Buildings). D. APPOINTMENT OF OUTSIDE COUNSEL/ELAINE WHITE V. CITY OF DELRAY BEACH, ET AL: Approve the appointment of outside counsel in 'the referenced matter as recommended by the City Attorney. E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 1st through March 12, 1999. F. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the amount of $12,569.00 to Gateway, via Florida State contract, for the purchase of six (6) personal computers to replace six diskless personal computers currently in the MIS training room, with funding from 334-6112-519-64.11 (Renewal & Replacement/Computer Equipment). 2. Purchase award in the amount of $48,492.50 to Fisher Scientific Company for the purchase of 85 Scott Aviation Self Contained Breathing Apparatus (SCBA), to upgrade from the current 2.2 units to the smaller, lighter and less fatiguing 4.5 carbon cylinders. Funding is from 001-2315-526-64.90 (Fire Operations - Other Machinery/Equipment). 3. Purchase award in the amount of $16,999.80 to Laerdal Medical Corporation, sole source provider, for the purchase of six (6) automatic electronic defibrillators for use by the Fire Department, with initial funding from 001-2315-526-64.90 (Fire Operations - Other Machinery/ Equipment) to be reimbursed by the State of Florida County Grant Award Program. 4. Purchase award in the amount of $13,852.00 to Lucent Technologies, sole source provider, for the upgrade of the AT&T 75 phone system at the Police Department to make it Year 2000 compliant, with funding in the amount of $10,840 from 334-6111-519-64.90 (Other Machinery/Equipment) and $3,012 from 112-2172-521-52.27 (Law Enforcement Trust Fund). 9. Regular Agenda: A. CONDITIONAL USE REOUEST/SPECIALTY RETAIL STORE (BAZAAR) IN FORMER WINN DIXIE BUILDING: Consider a request for conditional -use approval to allow the establishment of a specialty retail store (bazaar) within the former Winn Dixie building, located Regular Commission Meeting March 16, 1999 at the northeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street. QUASI-JUDICIAL PROCEEDING B. NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN. Consider approval of a redevelopment plan for the North Federal Highway corridor between N.E. 4th Street and the north city limits, to provide a framework for future redevelopment of the corridor. C. SPECIAL EVENT REOUEST/WALGREENS RED RIBBON RIDE: Consider a request for special event approval for the Walgreens Red Ribbon Ride to be held on March 28, 1999, including a temporary use permit for the use of Anchor Park from 6:00 a.m. to 10:00 a.m., and staff support for traffic control, barricading and trash container set up and removal. D. APPLICATION TO S.F.W.M.D. FOR CITY-OWNED MITIGATION AREA RELATED TO THE ESTUARY PROJECT: Consider authorizing the City to act as co-applicant with Delray Estuaries, L.C. in an application to the South Florida Water Management District for a permit to allow the use of City-owned property as a mitigation area related to The Estuary project. E. AGREEMENTS WITH TENET HEALTHCARE CORPORATION: 1. Consider approval of an Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment with Tenet Healthcare Corporation to provide for annexation of four parcels of land over a period of time and consent to the stormwater assessment when annexed. 2. Consider approval of an Agreement and General Release with Tenet Healthcare Corporation to provide for reimbursement of monies to the hospital due to expansion and upgrades made by the hospital to provide water and sewer service for the benefit of third parties. F. CONTRACT AWARD/MAN-CON, INC.: (NORTHWEST/SPADY AREA DRAINAGE, ROADWAY AND UTILITY IMPROVEMENTS): Consider approval of a contract award in the amount of $924,596.00 to Man-Con, Inc. for construction of the N.W. Area (Spady Area) Drainage, Roadway and Utility Improvements project, with funding in the amount of $128,223. from 334-3162-541-61.17 (General Construction Fund - Street Reconstruction), $573,509 from 448-5411-538-63.69 (Stormwater Utility - Spady Area/NW 3rd Street), $216,864 from 442-5178-536-61.78 (W&S Renewal and Replacement/Water Distribution Improvements); and $6,000 from 442-5178-536-63.51 (Sewer Main Rehabilitation). G. CONTRACT ADDITION (C.O. ~3)/PAVEX CORPORATION (1999 STREET RESURFACING PROGRAM & CITY PARKING LOT NORTH OF HAND'S): Consider approval of a contract addition (C.O. #3) in the amount of $93,465.80 with Pavex Corporation under the 1998 Street Resurfacing contract -to include the resurfacing and -4- Regular Commission Meeting March 16, 1999 restriping of various streets included in the 1999 street resurfacing program as well as the resurfacing/restriping of the City parking lot behind Hand's, with funding from 334-3162-541-61.17 (Street Reconstruction). H. CONTRACT ADDITION (C.O. ~I)/CHAZ EQUIPMENT (BAY STREET WATER,. STORM DRAIN AND ROAD RECONSTRUCTION): Consider approval of a contract addition (C.O. #1) in the amount of $127,965.00 with Chaz Equipment Co., Inc. under the Dotterel Road Reconstruction contract to include water main and storm drain installation and road reconstruction of Bay Street from Venetian Drive to Gleason Street, with funding in the amount of $49,660 from 448-5411-538-62.29 (Stormwater - Nassau/Venetian/Bay Street), $26,350 from 334-3162-541-61.17 (Street Reconstruction), and $51,955 to be reimbursed by Ironwood Properties. I. AMENDMENT NO. 2 TO THE CONTRACT WITH COCA-COLA ENTERPRISES: Consider approval of Amendment #2 to the agreement with Coca-Cola to provide for the reassignment of the rights to certain revenues and promotional support from Net Assets to Match Point, Inc. for the remaining years of the contract. J. CLOSEOUT CHANGE ORDER ~2 & FINAL PAYMENT/DAVID BROOKS ENTERPRISES, INC. (LAKEVIEW GOLF COURSE CLUBHOUSE): Consider approval of closeout Change Order #2 in the amount of $16,187.00 and an 18 calendar day contract extension, and final payment in the amount of $54,358.00 to David Brooks Enterprises, Inc. for completion of the Lakeview Golf Course clubhouse project, with funding from 446-4761-572-62.10 (Lakeview Golf Course - Buildings). K. BID AWARDS FOR AUTOMOTIVE PARTS: Consider approval of bid awards to multiple vendors (low bidders as well as lowest responsive bidders) for automotive parts, at an estimated annual cost of $14,325.54, with funding from various departmental operating budgets. L. ATTENDANCE AT METROPOLITAN PLANNING ORGANIZATION MEETING: Confirm the attendance of a City representative at the March 18th regular meeting of the Metropolitan Planning Organization. M. 'APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate member to the Board of Adjustment to fill an unexpired term ending August 31, 1999. The appointment will be made by Commissioner Randolph. N. REQUEST FOR REAPPOINTMENT TO PARKING MANAGEMENT ADVISORY BOARD: Consider a request from Monty Helm for reappointment to the Parking Management Advisory Board. 10. Public Hearings: A. ORDINANCE NO. 11-99: An ordinance rezoning a parcel of land located on the north side of Old Germantown Road, approximately -5- Regular Commission Meeting March 16, 1999 1,300 feet west of Homewood Boulevard and immediately east of Spanish Wells, from A (Agricultural) to RM-8 (Medium Density Residential/8 units per acre) District. QUASI-JUDICIAL HEARING B. ORDINANCE NO. 12-99: An ordinance amending various sections of the Land Development Regulations (4.6.3, 5.3.1, 6.1.2 and 6.1.4) regarding infrastructure improvement obligations. C. ORDINANCE NO. 13-99: An ordinance amending Chapter Three, "Performance Standards", of the Land Development Regulations regarding required findings for land development applications. 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 PubIic. 12. First Readings: A. ORDINANCE NO. 9-99: An ordinance amending Chapter 100, "Nuisances", of the City Code to clarify and amend certain procedures and notice requirements regarding abatement of nuisances, and to provide for the abatement of recurring nuisances in a timely manner. If passed, a public hearing will be scheduled for April 6, 1999. B. ORDINANCE NO. 10-99: An ordinance amending Chapter 8, "Special Implementation Programs", of the Land Development Regulations by repealing Article 8.4, "Public Improvements and Special Assessments", in its entirety and enacting a new Article 8.4, "Special Assessments", to clarify the process of making and adopting special assessments. If passed, a public hearing will be scheduled for April 6, 1999. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA RE~ MEETING - MARCH 16, 1999 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM The Regular Agenda is amended by adding the following: 9.0. Impacts of Blue Lake Development on Delra¥ Beach: Consider objecting to the intensity of the Blue Lake DRI (former IBM site in Boca Raton, south of Yamato Road between Military Trail and 1-95) based upon the recommendations of the Planning and Zoning Board. 9.P. Final Results of Municipal Election/Co,,u,dssion Seat ~3: Canvass the final returns and declare the results of the municipal election held March 9, 1999, for City Commission Seat #3, as certified by the Supervisor of Elections for Palm Beach County pursuant to the manual recount of ballots conducted on March 15, 1999. Also, a revised memorandum concerning Item 9.E.i., Agreement for Water and Sewer Service and Consent to Annexation and Sto~,,water Management Assessment with Tenet Healthcare Corporation, is included for review. ***************************************************************** 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. ref:ADDENDUM WHEREAS, the City of Delray Beach Parks and Recreation Department is dedicated to enriching the quality of life for community members by providing meaningful ~. recreational opportunities in exemplary park environments; and WHEREAS, the Parks and Recreation Department held its loth Annual Delray Beach Senior Games from January 29, 1999 through February 5, 1999 for participants over 50 years young; and WHEREAS, there are 14 athletic events, to wit, golf, tennis, track and field, swimming, health walk, basketball skills, basketball $ on 3, bowling, bridge, lawn bowling, paddleball, shuffleboard, racquetball, and table tennis; and WHEREAS, the Delray Beach 1999 Senior Games were designated an official regional qualifying site for the 1999 Florida State Senior Games: and WHEREAS, there were 275 contestants in the 1999 Senior Games, 14 of whom won 3 or more medals, to wit as follows: Dr. Syd Sude - 11 Gold Medals (6 in track and field, 4 in swimming and I in basketball skills); Loring Holmes - 9 Medals (4 gold and 5 silver, all in swimming): Herbert Furash - 9 Medals (4 silver and 5 bronze, all in swimming)' Alvin Malthaner - 8 Medals (6 gold, I silver and I bronze, all in swimming). Edythe Carter - 6 Gold Medals (1 in basketball skills and 5 in track and field); Robert Spaulding - 6 Gold Medals (all in swimming); Justin Langsner - 6 Medals (1 gold - basketball skills, i gold - table tennis, I silver - paddleball, 1 silver - track and field, I silver - table tennis, and 1 bronze - swimming)- Marvin Kleinman - 5 Medals (1 gold, 2 silver and 2 bronze, all in swimming): Jane Krauser - 4 Gold Medals (all in swimming): Alan Rappaport - 4 Gold Medals (all in swimming)- Barry Kittredge - 4 Medals (1 gold - swimming. 1 gold - table tennis, 1 gold - racquetball and 1 bronze in basketball skills): Murray Eager - 3 Medals (2 gold and 1 silver, all in swimming): Norman Tinkle - 2 Medals (1 gold and 2 silver, all in table tennis)- Marry Zevin - 3 Medals (1 gold and i silver - tennis and 1 silver in table tennis). NOW,,THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim that Dr. Syd Sude, Loring Holmes, Herbert Furash, Alvin Malthaner, Edythe Carter, Robert Spaulding, Justin Langsner, Marvin Kleinman, Jane Krauser, Alan Rappaport. Barry Kittredge, Murray Eager, Norman Tinkle and Marry Zevin are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of March, 1999. MAYOR JAY ALPERIN ~././~. .. WHEREAS, the City of Delray Beach, Florida, is -'. pleased to observe International Building Safety Week as scheduled for April 4, 1999 through April 10, 1999; and WHEREAS, the purpose of this observance is to highlight the services provided by Building Departments in ensuriDg the public's safety in the built environment; and WHEREAS, International Building Safety Week promotes safety in building practices by calling attention to sound building procedures used by contractors working in the City of Delray Beach. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of April 4, 1999 through April 10, 1999 as BUILDIN~ S~FETY~EK in the City of Delray Beach, Florida, and commend the excellent job of all City staff who review building plans, enforce the city building codes and assist the community to ensure safety in the work-place, homes and recreational buildihgs throughout the city. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of March, 1999. MAYOR JAY ALPERIN SEAL Agenda Item No.: ~ AGENDA REQUEST Date: March 4, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: March 16, 1999 Description of agenda item (who, what, where, how much): Request issuin§ a Proclamation siKned by the Mayor honorin§ multiple medal winners in the 1999 Senior Games ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Issue Proclamation signed by Mayor. Determination of Consistency h Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account NO. & Description: Account Balance: City Manager Review: Approved for agenda: ~/ NO ~ Hold Until: ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved WHEREAS, the CJ ' dedicated to el / ~? 3~ 3 ~ 7~z~'~ ~ b ~ ~ment is ]bers by providin~ mean~ environments; al ~0~. ~~~' ~ fy park WHEREAS, the Pa~ [ Delray Beach Senior Ga'.~= ~om oanuary 29, 1999 through February 5, 1999 for participants over 50 years young; and WHEREAS, there are 14 athletic events, to wit, ~olf, tennis, track and field, swimming, health walk, basketball skills, basketball 3 on 3, bowlin~, brid~e, lawn bowling, paddleball, shuffleboard, racquetball, and table tennis; and ~EREAS, the Delray Beach 1999 Senior Games were designated an official regional qualifyin~ site for the 1999 Florida State Senior Games; and WHEREAS, there were 275 contestants in the 1999 Senior Games, 14 of whom won 3 or more medals, to wit as follows: Dr. Sid Sude - 11 ~old medals (6 in track and field, 4 in swimmin~ and 1 in basketball skills); Lorin~ Holmes - 9 medals (4 ~old and 5 silver, all in swimming); Herbert Furash - 9 medals (4 silver and 5 bronze, all in swimming); Alvin Malthaner - 8 medals (6 9old, 1 silver and 1 bronze, all in swimmin~ ~~Carter- 6 9old medals (1 i~ basketball skills and 5 in track and Robert Spauldin~ - 6 9old medals (all in swimming); Justin Lan~sner - 6 medals (1 ~old - basketball skills, 1 ~old - table tennis, 1 silver - paddleball, 1 silver - track and field, 1 silver - table tennis, and 1 bronze - swimming); Marvin Kleinman - 5 medals (1 gold, 2 silver and 2 bronze, all in swimming); Jane Krauser - 4 gold medals (all in swimming); Alan Rappaport - 4 gold medals (all in swimming); Barry Kittredge - 4 medals (1 gold in swimming, 1 gold in table tennis, 1 gold in racquetball and 1 bronze in basketball skills); Murray Eager - 3 medals (2 gold and 1 silver, all in swimming); Norman Tinkle - 3 medals (1 gold and 2 silver, all in table tennis); and Marry Zevin - 3 medals (1 gold in tennis, 1 silver in tennis and 1 silver in table tennis), NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, do hereby proclaim that Dr. Sid Sude, Loring Holmes, Herbert Furash, Alvin Malthaner, Edyt~Carter, Robert Spaulding, Justin Langsner, Marvin Kleinman, Jane Kr&user, Alan Rappaport, Barry Kittredge, Murray Eager, Norman Tinkle and Marty Zevin are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of March, 1999. MAYOR JAY ALPERIN 1999 Senior Omes Multiple Awaffi Wlnne~ 1993 11 total medals - Dr. $1d Sude Basketball Skills Gold Swimmlng 50 M backstroke Gold 100 M backstroke Gold 50 M freestyle Gold 100 M freestyle Gold Track & Field discus Gold high jump Gold javelin Gold long jump Gold shot put Gold 100 m dash Gold 9 total medals - Loring Holmes Swimming 50 M backstroke Gold 100 M backstroke Sliver 50 M breaststroke Silver 50 M butterfly Sliver 100 M butterfly Gold 50 M freestyle Silver 100 M freestyle Gold 100 M Individual medley Sliver 200 M Individual medley Gold Herbert Furash Swimmlng 50 M backstroke Sliver 100 M backstroke Bronze 50 M breaststroke Bronze 100 M breaststroke Sliver 50 M butterfly Bronze 100 M butterfly Silver 100 M freestyle Bronze 100 M Individual medley Bronze 200 M Individual medley Sliver 8 total medals - Alvin Malthan~r Swimming 50 M backstroke Sliver 100 M backstroke Bronze 50 M breaststroke Gold 100 M breaststroke Gold 50 M freestyle Gold 100 M freestyle Gold 100 M individual medley Gold 200 M individual medley Gold total medals- F_~lyth Carter Basketball Skills Gold Track & Field discus Gold long jump Gold shot put Gold triple jump Gold 100 M dash Gold Robert Spauidlng Swimming 50 M backstroke Gold 100 M backstroke Gold 50 M breaststroke Gold 100 M breaststroke Gold 50 M freestyle Gold 100 M freestyle Gold Justin Langsner Paddleball Silver Basketball Skills Gold Swimming 50 M breaststroke Bronze Track & Field 100 M dash Silver Table Tennis mixed doubles Gold doubles Sliver total medals- Marvin Kleinman Swimming 50 M backstroke Bronze 50 M breaststroke Silver 50 M butterfly Gold 50 M freestyle Bronze 100 M Individual medley Silver total medals- Jane Krauscr Swimming 100 M backstroke Gold 50 M butterfly Gold 100 M butterfly Gold 200 M Individual medley Gold Alan Rappaport Swimming 100 M backstroke Gold 50 M butterfly Gold 50 M freestyle Gold 100 M Individual medley Gold Barry Klttredge Basketball Skills Bronze Swimming 50 M breaststroke Gold Table Tennis singles Gold Racquetball Gold 5 total medals- Murray F~_er Swimming 50 M backstroke Sliver 50 M b~tstroke Gold 100 M breaStstroke Gold ,~iorman Tinkle Table Tennis mixed doubles SilVer /~oubles Silver singles Gold Marry ,~rl Table TenBts slnflles ~llYer Tennis slnflles Silver mixed doubles (~61d [ITY JIF OELII;lY BERgH CiTY ATTORNEY'S OFFICE ~°° ~"~ ^""~' ~'~'^" ~^~", ~°~'~^ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH Ail. America City MEMORANDUM ar 9, 999 19~3 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Warranty Deed The Rectory project located one block south of Atlantic Avenue on Swinton Avenue requested abandonment of an alley just north of the Rectory building. The City agreed to the abandonment provided that the developer deed over a portion of their property to allow the waste hauler that collects solid waste from the check cashing store the ability to make the right hand turn from the east-west alley onto the north-south alley behind the Rectory. Previously, the waste hauler could continue over the east-west alley and exit onto Swinton Avenue. The City Commission approved the abandonment of that portion of the east-west alley at an earlier commission meeting. The Developer has given a warranty deed to the City for a portion of its property to provide a wide turning radius for the waste hauler to allow it to make the turn from the east-west alley onto the north-south alley. By copy of this memorandum to David Harden, City Manager, our office requests that this item be placed on the March 16, 1999 City Commission agenda for approval. Please call if you have any questions. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Claire Graham, Planner Prepared by and return to: Rodney G. Romano, Esq. The Rectory 14 South Swinton Avenue Delray Beach, Florida 33444 WARRANTY DEED This indenture, made this 19th day of February, 1999, between Aeacus Real Estate Limited Partnership, a Jersey, Channel Islands limited partnership, whose address is c/o Robert M. SmitherJr., The Rectory, 14 South Swinton Avenue, Delray Beach, Florida 33444, Grantor*, and the City of Delray Beach, Horida, whose mailing address is 100 NW 1st Avenue, Delray Beach, Horida, Grantee*. Witnesseth: That said grantor, for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Horida, to-wit: A PORTION OF LOT $, BLOCK 61, OF THE PLAT OF THE CITY OF DELRAY BEACH AS RECORDED IN PALT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID LOT $. THENCE S 00' 00" EAST, A DISTANCE OF 16.25 FEET TO THE POINT OF CURVATURE, SAID CURVE BEING CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 16.$0 FEET; THENCE NORTH-WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'.09' 00'; A DISTANCE OF 25.67 FEET; THENCE S 89o09'00'' E, ALONG THE NORTH LINE OF SAID LOT $, A DISTANCE OF 16.25 FEET TO THE POINT OF BEGINNING. Subject to easements, restrictions and reservations of record, if any, and taxes for 1999 and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend same against the lawful claims of ail persons whomsoever. (*Grantor and Grantee are used for singular and plural, as context requires) In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above written. Witness: ~-~ ~ Ro~i/M S~tither, Jr, POA (Print Name) ~.e~c co, ~ · C..~k~. Aeacus Real Estate Limited Partnership Witness: (PrintName)~l~-~-~r-- t~, ~.~-~-~'.~- STATE OF FLOR/DA COUNTY OF PALM BEACH I hereby certify that on this 19th day of February, 1999, before me, an officer duly authorized in the state and county aforesaid to __t~_,e acknowledgements, personally appeared Robert M. Smither, Jr., who has shown his driver s license with photo identification and did take an oath that he is the person described in and who executed the forgoing instrument, ore me that he executed same for the purposes therein expressed. Seal/Stamp: I ~a¥ PO,~ OFFICIAL NOTARY SEAL I O --~G SANDRA J MORICK ~ O I~ l'~r ' CO,,IS.ION .OM,ER I~ q~;~ -< CC484117 I ?-~?~.~ ~Y ¢O~=S~O, EXP. LEGAL DESCRIFrlON A PORT~ON OF LOT 5, BLOCK 61, OF THE PLAT OF CITY OF DELRAY BEACH AS RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEGIN AT TGHE NORTHEAST CORNER OF SAID LOT 5. THENCE S 00° 00' 00" E, A DISTANCE OF 16.25 FEET TO THE POINT OF CURVATURE, SAID CURVE BEING CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 16.50 FEET; THENCE NORTH WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CEHTRAL ANGLE OF 50° 09' 00% A DISTANCE OF 25.67 FEET; THENCE S 89'09' IX)" E, ALONG THE NORTH LINE OF SAID LOT.5, A DISTANCE OF 16.25 FEET TO THE POINT OF BEGINNING. I 6' /i LLi~. Y LOT 5 BLOCK 61 'R=16JO' ~--89°09' 00" /~ L=25.67' " $ 00°00~ 00' E 16.25 P.O.B. I' · / ~¢..,~,t_¢.; I"=10' THIS IS NOT A SURVEY Not valid unless Renner, Burgess, Inc. sea,ed with ambossed Authorization Number LB6S04 sur~eyo¢~ seaI. _~,. "~"-~=~' 1 S.E. 4th Ave., Suite 205  Delray Beach, FL 33483 I hereby (~ertify that the SKETCH OF DESCRIPTION shown hereon Phone 561-243-4624 meets l:h~l minimum technical standards set forth in Chapter 61G17-6. Fax 243-4889 Flodd~ ~dminist~.tivp CodCpursuant to Section 472.027, FIo,ida West Palm 735-7639 Statute ;.I j Toll Frea 1-800-773-5531 ¢ Memo To: David Harden - City Manager .//?... / From: Lula Butler- Director, Community Improvement l. Date: March 11, 1999 Re: Modification Request for a Finger Pier- 325 SE 7th Avenue ITEM BEFORE THE COMMISSION: City Commission approval of a modification to the standards under Section 7.9.8. governing finger piers pursuant to Section 7.9.4 (A) of the Land Development Regulations to construct a 5 x 30 dock with a 5 x 30 access pier. BACKGROUND: Mr. Jim Kolleda has submitted an application for a permit to construct a finger pier at 325 SE 7th Avenue, which extends out 35 feet. This finger pier is required due to the lack of depth of water at the bulkhead to moor a boat. Section 7.9.7(C) of the Land Development Regulations states that for waterways greater than 100 feet in width, the maximum distance a dolphin (finger pier) may be installed shall be 25 feet from the extended property line, seawall or bulkhead, which ever is closer to the water. This property is directly across from a large basin and the waterway is over 800 feet. The applicant has received approval from the Department of Environmental Protection and the Corp of Engineers. His hardship is realistic due to the shallow depth of the canal. His letter and approval from DEP is attached for your reference. RECOMMENDATION: Staff recommends City Commission approval of this request pursuant to Section 7.9.4 (A) of the LDR's standards based on the fact that this modification will not endanger public safety or welfare. JSZ:DQ Date: March 10, 1999 Agenda Item No. ~'.25. AGENDA REQUEST Agenda request to be placed on: X Regular __ Special __ Workshop __~onsent When: March 16, 1999 Description of Agenda Item: Request for a Modification for a Finger Pier at 325 SE 7th Avenue Ordinance/Resolution Required: Yes / ~ Draft Attached: Yes / No Recommendation: Commission Approval Department Head Signature: City Attomey Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: City Manager Review: Approved for agenda: {~/No ~ Hold Until: : Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 FEB--15--99 MON 11:4~ ~ROWARD PILING, INCo 9549?59691 P. 01 February 15, 1999 City.of Delray Beach ATTN: Jerome Sar~one Dear Mr. San~one: I have applied for a permit (99-59392) to construct a dock at my property at 325 SE 7th Avenue, Delray Beach, Florida. This proposed dock extends out 35 ft. from the property line. This distance is necessary to reach adequate water depth. This property is directly across from a large basin and the waterway is over 800 ft. wide at this point. The proposed dock will not create any hazard to navigation. We already have approvals from the Department of Environmental Protection and the Army Corps of Engineers.' If you require further information, please call 561-243-6099. KOLLEDA BOUNDARY· 325 SOUTHEAST 7TH AVENUE, DEL FLORIDA FLOOD ZONE A ..' IN ,.~9'/ 'IONAL FLOOD INSUP. AI NUMBER ' ~ I C~ PLA3? RATE MAP REVISED JANU, INCH : 20 FEET m (o.54) BASE FLOOD ELEVATIOI (-0.10) (~.85) ¢~.~) BENCH A 0.04' DIAM GRASS 10.25' EAST OF BOU . ON EXTENSION OF BO 79.06' PLAT ~' FOUND 0.04' DIAI4ET bONG, 0.04' DIAMETER IN CONCRETE IN A 6 ITH A YELLOW PLASTIC _ _ PLASTIC PIPE, 2.93 rAMPED "RLS 3707" ON ~ ~ GRASS 12' NOR BOUNDARY CORNER ~ o~ co BOUNDARY ' ' ALUMINUM RAIL ~ LOT II A 1.5' LONG, 0 · (4.1 (4.7~) 30.3'5' (4.1) ~ STEEL BAR WITH A Y 0.61 TILED PORCH ,--, CAP STAMPED "RLS 3 o~ BOUNDARY CORNER LOT ! 22.42' R LOT · - -- BRICK C~IHNEY ~ ONE STORY WOOD FRAME RESIDENCE N ~------~ ,-, (~.7) ~ FLOOR ELEVATION 4.81 FEET - P JUl o~ ~' AT FRONT DOOR ~ '~ ,-.~ , . ,,~ co 4.62' ).68' - ~ __- (4.~5) FOUND A 0.05' DIA = · , IN CONCRETE IN A ~' ~ ~ PLASTIC PIPE, WIl ~.8-/) CAP STAMPED "OFFS oo. 4102", 5.15' EASI ~ °15-71 NORTH OF BOUNDAR) ~ _ ASPHALT DRIVE ,~ 5) 16.0' (3. :H DIAMETER BRASS DISC "RRM RLS 3707" ON A 2' / A 1.5' LONG, ~CH BY 6 INCH /i STEEL BAR WITH A OST ON BOUNDARY CORNER ! 78.35' PLA_'[ --CAP STAMPED "RLS MEASURED ) I G, . BOUNDARY CORNER ED ELEVATION 4.11 FEET k...wo0o ~,._WATER k o~ ISC FOR SITE BENCH MARK _-.., =- ~-r~ Department of Environmental Protection Southeast District Lawton Chiles P.O. Box 15425 Virginia B. Wetherell Governor West Palm Beach, Florida 33416 Secretary 3UN 1 9 1998 Mr. Jim Kolleda 325 SE 7th Ave. Delray Beach, FL 33483 Re: File No.: 50-0141474-001 File Name: Jim Kolleda ~ ........ ;.: ~m Dear Mr. KolIeda: ~~ On June 4, 1998, we received your application for an exemption to construct a 5-ft by 30-ft. access dock with a 5-ft. by 30-ft. terminal platform. Your project is located on the Intracoastal Waterway (Class III Waters) adjacent to 325 SE 7th Ave., Delray Beach (Section 16, Township 46 South, Range 43 East). Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for works in wetlands or waters of the United States. The kinds of authorization are (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it. 1. Regulatory Review. The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title 62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the Depm hnent and the water management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have determined that your prqiect is exempt from the need to obtain a DEP Environmental Resource Permit under Rule 40E-4.051 (3)(b), F.A.C. 2. Proprietary Review (related to state-owned lands). The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sove/-eign submerged lands. The Department has the authority to review your project under Chapters 253 and 258, F.S., Chapters 18-20 and 18-21, F.A.C., and Section 62-343.075, F.A.C. Your project will occur on sovereign submerged land and will require authorization from the Board of Trustees to use public property. As staffto the Board of Trustees, we have reviewed the proposed project and have determined that, as long as it is located within the described boundaries and is consistent with the attached general consent conditions, the project qualifies for consent to use sovereign submerged lands. Therefore, pursuant to Chapter 253.77, Florida Statutes, you ma__..___yy consider this letter as authorization from the Board of Trustees to perform the project. "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper. File Name: Jim Kolleda FDEP File No. 50-0141474-001 Page 2 3. Federal Review (State Programmatic General Permit). Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the Department and the U.S. Army Corps of Engineers (Corps). The agreement is outlined in a document titled Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the attached drawings, the proposed project is consistent with the SPGP program. The attached Corps general conditions apply to your project. No further permitting for this activity is required by the Co_~s. The determinations in this letter are based solely on the information provided to the Department and on the statutes and rules in effect when the application was submitted. The determinations are effective only £or the specific activity proposed. These determinations shall automatically expire if site conditions materially change or if the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall expire after one year. Notice of Rights of Substantially Affected Persons Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed under this determination of exemption have a right to request an administrative hearing (or mediation, if available) on the Department's decision that the proposed activity qualifies for this exemption. If an administrative hearing (or mediation, if available) is timely requested by a substantially affected pei'son, the finding that the proposed activity qualifies for this exemption must be reconsidered, and it is possible that the hearing or mediation could result in a determination that the proposed activity does not qualify for the exemption. Under rule 28-106.111 of the Florida Administrative Code, a request for such an administrative hearing (or mediation, if available) must be filed with the Department's Clerk in the Office of General Counsel within 21 days of either: (a) publication of notice in a newspaper of general circulation in the county where the activity is to take place; or (b) the substantially affected person's receipt of written notice which includes the information contained in Attachment A. The Department will not publish notice of this determination. Publication of this notice by you is optional and not required for you to proeeec[ However, in the event that an administrative hearing is held and the Depm hnent's determination is reversed, proceeding with the proposed activity before the time period for requesting an administrative hearing has expired would mean that the activity was conducted without the required permits. If you wish to limit the time within which all substantially affected persons may request an administrative hearing (or mediation, if available), you may elect to publish, at your own expense, the enclosed notice (Attachment A) one time only in the legal advertisement section of a newspaper of general circulation in the county where the activity is to take place. If you wish to limit the time within which any person may request an administrative hearing (or m~diation, if available), you may provide such person, by certified mail, a copy of this determination, including Attachment A. File Name: Jim Kolleda FDEP File No. 50-0141474-001 Page 3 For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of publication, you must provide to the following address a certification or affidavit of publication issued by the newspaper. If you provide direct written notice to any person as noted above, you must provide to the following address a copy of the direct written notice. Florida Department of Environmental Protection Southeast District Submerged Lands & Environmental Resources Program P.O. Box 15425 West Palm Beach, FL 33416 If you have any questions, please contact Jayne Bergstrom at 561/681-6634. When referring to your project, please use the FDEP file name and number listed above. Larry O'Donnell Environmental Manager Submerged Lands & Environmental Resources Program Enclosures Consent of Use Attachment A (Newspaper Publication Notice) Corps SPGP General Conditions Corps Permit Transfer Project Drawings cc: U.S. Army Corps of Engineers Jerry Wooten Broward Piling, Inc. 1360 NW 13th Street Pompano Beach, FL 33069 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY Mg2XlAGER SUBJECT: AGENDA ITEM ~.~.- REGULAR MEETING OF MARCH 16, 1999 CHANGE ORDER #i/DELTA PETROLEUM & INDUSTRIAL, INC. (POLICE DEPARTMENT FUEL TANKS & SERVICE ISLAND) DATE: MARCH 12, 1999 This is before the Commission to approve Change Order #1 in the amount of $22,300.00 and a 120 calendar day extension to the construction contract with Delta Petroleum & Industrial, Inc. for additional services and materials associated with the remedial work at the Police Department fuel tanks and service island. In December, 1998, we contracted with Delta Petroleum to perform remedial work at both the Police Department and Municipal Golf Course fuel tanks/service islands to bring these sites into compliance with Palm Beach County Department of Environmental Resources Management (DERM) regulations. During work at the Police Department, it was discovered that the fuel lines from the 1,000 gallon below ground diesel tank (located at the west property line) which supply fuel to the emergency generator (located at east side of building) are not fiberglass as indicated on the as-built plans. To bring this situation into compliance, three options were considered which are outlined in the attached memorandum from Mr. Majtenyi. Upon evaluation, staff feels that option three is the most cost effective and will be the least disruptive to on-site personnel. This option involves the placement of a 1,000 gallon below ground tank in the pavement area just east of the generator on the east side of the building. The Police Department also wants to upgrade the existing 1,000 gallon tank for the generator to a 2,000 gallon capacity. This would allow them to operate on generator power for almost two weeks in the event of an emergency. The additional cost is $1,950.00. Staff concurs with this request. Recommend approval of Change Order #1 with Delta Petroleum & Industrial, Inc. in the total amount of $22,300 ($20,350 for placement of new tank plus $1,950 for upgrade of existing tank capacity) and a 120 calendar day extension of the contract. Funding is available from 334-6112-519-62.10 (General Construction Fund - Buildings). ref:agmemo7 ~ ~ ,~ /~t~ ~/~d7 ~~' -- Agenda Item No. ~'.~. AGENDA REQUEST Date: March 10, 1999 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: March 16, 1999 Description of item (who, what, where, how much): Staff requests City Commission approve Change Order #1 in the amount of $22,300.00 and a 120 calendar day extension, to the construction contract with Delta Petroleum & Industrial, Inc., for the remedial work to the emergency generator fuel tank at the Police Department. Funding is available from the General Construction Fund/Buildings account No. 334-6112-519-62.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve Change Order #1 in the amount of $22,300.00 and a 120 calendar day extension, to the construction contract with Delta Petroleum & Industrial, Inc., for the remedial work to the enp~rgency generator fuel tank at the Police Department. ~'-~?'~._ ~.~:~/~ .~/o/ Department head signature: - ¢ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r,~dr,,ed on all items involving expenditure of funds): Funding available. Y~y..~NO Funding alternatives (if applicable): Account No. & Description 334-6112-519-62.10 Gen. Construction Fund/Buildin.qs Account Balance ~,, ~..5/,, ~?)fA 0~U ~ ''~{ ~0~-Jq0~ T'D-~ City Manager Review: Approved for agenda:/(~/NO ,~z/.~ J Hold Until: ~ /,/¢ v ! Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~...~9565~agreq030299 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Victor Majtenyi Assistant Construction Manager Date: March 5, 1999 Subject: AGENDA REQUEST (03/16/99) Police Dept. Fuel Tanks and Service Island; C.O.#1 Project No. 99-041 Attached is an Agenda Request for City Commission to approve Change Order #1, in the amount of $22,300.00, to Delta Petroleum & Industrial, Inc., for additional services and material associated with the remedial work at the Police Department Fuel Tanks & Service Island. Attached is Change Order #1 with Exhibit "A". The following is a brief description of this change order. On December 8th, 1998, City Commission approved a contract with Delta Petroleum & Industrial, Inc. for the remedial work at the Police Department and Municipal Golf Course fuel tanks and service islands. This work would bring these sites in compliance with Palm Beach County Department of Resources Management regulations. The portion of work at the Police Dept. is currently in the amount of $26,250.00. During remedial operations, we discovered that the fuel lines from the 1,000 gallon below ground diesel tank (located at west property line) supplying fuel to the emergency generator (located at east side of building) are not fiberglass as indicated on as-built plans. To meet compliance with Palm Beach County D.R.M., the following options were considered. One, installation of new fiberglass lines. The old steel piping would be abandoned in place once the conversion is complete. This option is the most costly, most time consuming, and most disruptive to personnel at the site, as hand trenching would be required due to other potential utility conflicts. Cost: $29,600.00 Second, the placement of a 1,000 gal above ground tank at the site for fuel for the generator. Physical size of tank would limit its location and increase cost for trenching. The existing 1,000 gal below ground tank would be converted to gasoline, thus increasing the sites gasoline capacity. Proposal includes temporary skid tank during conversion. Cost: $19,600.00 Third option, the placement of a 1,000 gal below ground tank in the pavement area just east of the generator (no parking spaces will be lost). As with option two, the existing 1,000 gal below ground tank would be converted to gasoline. Proposal includes temporary skid tank during conversion Cost: $20,350.00 Police Dept. Fuel Tanks/Serve Island, Change Order #1, Agenda Request Page I of 2 The police department has indicated they would like to upgrade their present 1,000 gal capacity fuel tank for the generator, to a 2,000 gal capacity. This would allow them to operate on generator power during a natural disaster crisis for almost two weeks. The cost is an additional $1,950.00. Staff feels option three would be the most cost effective and the least disruptive to on-site personnel. The additional cost for upgrading the existing generator tank capacity also seems fair and reasonable. Therefore, staff recommends City Commission approve Change Order #1 in the amount of $22,300.00, to Delta Petroleum & Industrial, Inc., for additional services and materials associated with the remedial work at the Police Department Fuel Tanks & Service Island. Funding for this work is from General Construction Fund/Buildings, account #334-6112-519-62.10. cc: Bob Barcinski; Assistant City Manager Dick Hasko; Director of ESD Howard Wight; Dir. Of Construction Paul DeCarolis; IPP/Backflow Inspector 03/16/99 Agenda file Project File 99-041 (A) Esd...\99041~agmern031699 Police Dept. Fuel Tanks/Serve Island, Change Order # 1, Agenda Request Page 2 of 2 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. One (1) PROJECT NO. 99-041 DATE: March 10, 1999 PROJECT TITLE: Police Department/Municipal Golf Course, Fuel Tanks and Service Islands TO CONTRACTOR: Delta Petroleum & Industrial, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide all labor, material, and equipment necessary for the installation of a new emer.qency generator fuel tank at the Police Department, as itemized on Exhibit A attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $53,733.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $53,733.00 COST OF CONSTRUCTION CHANGES THIS ORDER $22,300.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $76,033.00 PER CENT INCREASE THIS CHANGE ORDER 41.5 % TOTAL PER CENT INCREASE TO DATE 41.5 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, 120 CALENDAR DAYS TO 21June99. Date CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. CONTRACTOR SIGNATURE (ARCHITECT) (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 334-6112-519-62.10 DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER/DIRECTOR MAYOR ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK s:\...\99-041\col ~ ~' ~ ~ ~ DELTA PETROLE~ & INDUST~L. INC. ~~~- 4827 Sou~e~ ~ivd. W~t P~ ~t~ ~otidi 3MIS F~: (~1) 6~-~14 Date: FE~.25, 1999' 98-0072 TO: CITY OF DELRAY ~EACH Referee: UNDER~ROUND DIESEL TANK ~ S. SWINTON AVENUE AND FOEL SYSTEM INSTALL, OELRAY BEACH, FLORIDA ~qh [,000 ~ALLON STORAGE. A~tenflofl: PAUL, We are pleased to subndt this quotation, bued on our interpretation of your wqubements, as follows: 1. PROVIDE ENGINEERED DRAWINGS AND DEAN APPROVALS FOR THE ADDITIONAL WORK DESCRIBED BELOW. DELRAY TO WAIVE ADDITIONAL PERMITTING FEES. 2. DISCONNECT AND PURGE FUEL FROM THE EXISTING UNDERGROUND BLACK IRON FUEL PIPING. PROFESSIONAL GEOLOGIST FEES FOR SOIL AND GROUNDWATER SAMPLING AT 20'i'INTERVALS ALONG THE OLD PIPING RUN, PER DER REQUIREMENTS, ARE INCLUDED IN TH[S PROPOSAL. THE ANALYSIS AND DISPOSAL OF CONTAMINATED MATERIALS ARE NOT INCLUDED IN THIS PROPOSAL. FOR BIDDING PURPOSES, THE SITE IS PRESUMED TO BE CONTAMINATION FREE. THE EXISTING FUEL LINES WILL BE CAPPED OFF AND ABANDONED IN PLACE. 3.'PROVIDE LABOR AND MATERIALS TO INSTALL THE FOLLOWING: I - 1,000 GALLON DOUBLE-WALLED GLASSTEEL II UNDERGROUND FUEL TANK AS MANUFACTURED ~Y MODERN WELDING OF FLORIDA. TANK IS DEP APPROVED, WILL BEAR THE UL 142 LABEL AND HAVE A LIMITED 30 YEAR MANUFACTURER'S WARRANTY. SECONDARY CONTAINMENT FOR PIPING CONNECTIONS AT THE TANK (ENVIRON BRAND PIPING SUMP). AND DOUBLE WALLED SUPPLY AND RETURN PIPING TO SERVE THE EXISTING DAYTANK UNIT IN THE GENERATOR ROOM. 1-1/3 HORSEPOWER (ONE TH/RD HP) MOTOR DRIVEN DAYTANK PUMP TO BE MOUNTED ON THE EXISTING DAYTANK WITH THE APPROPRIATE CONTROL WIRING, ATMOSPHERIC VENT PIPING (2" FIBERGLASS PIPING UNDERGROUND WITH A GALVANIZED STEEL RISER TO TERMINATE 12' ABOVE GRADE WITH MORRISON WEATHERCAP. : [ - PEMCO BRAND, ~-GALLON OVERFILL CONTAINHENT MANHOLE WITH TITEFILL CONNECTION AND LOCKABLE CAP. THE q~ FILL PIPE WILL BE EQUIPPED WITH AN 0PW BRAND FILL LIMITER DROP TUBE TO PROVIDE AUTOMATIC SHUTOFF CAPABILITIES DURING FUEL DELIVERY OPERATIONS. PAYMENT TERMS: ACCEPTANCE: Thb prm~o~l, wd~fl eomp~,d by the Purcha~r. ~ iil~lrlnml mmllll ' I I ]1 I i ,-_. i I I 98-0072A1 CITY OF DELRAY BEACH ~ete~e~: UNDERGROUND DIESEL TANK ~)Q ~. SWXNTON AVENU~ AND FUGL SYSTEM ~NSTALL, DgLRAY BEACH, FLORIDA ~)~ 1,000 GALLON STORAGE. PAUL, i - PEMCO BRAND ~2" DIAMETER STEEL MANNAY TO PROVIDE ACCESS TO THE PIPING SUMP FOR'ANY FUTURE SERVICE PROCEDURES. ~ ~ - 5/4" RIGID CONDUIT WILL BE INSTALLED TO ALLOW FOR FUTURE ELECTRONIC TANK LEVEL AND LEAK DETECTION DEVICES IN THE FUTURE IF NEEDED. q. AFTER OBTAINING INSPECTION APPROVALS FROM LOCAL ~ND COUNTY AUTHORITIES OF UNDERGROUND PIPING, (APPROXIMATELY 35 ),THE EXCAVATION WILL BE BACKFILLED WITH CLEAN FILL, AND COMPACTED TO WITHIN 8" OF F~N~SH GRADE. SET THE ACCESS MANNAYS IN PLACE AND FORM AND PLACE AN 8'x 16'x8" THICK REINFORCED CONCRETE SLAB OVER THE TANK. SLAB WILL BE HAND TROWELLED AND HAVE A LIGHT BROOM FINISH. 5. REMOVE NONCONTAMINATED CONSTRUCTION DEBRIS FROM THE SITE AND RETURN TO ORIGINAL APPEARANCE. FOR THE SUM TOTAL OF $20,350.00 PLEASE NOTE: THIS PROPOSAL DOES NOT INCLUDE SOIL AND GROUNDWATER ANALYSIS OR DISPOSAL OF CONTAMJNATED MATER[ALS. FOR BIDDING PURPOSES, THE SITE IS CONSIDERED TO BE CONTAMINATION FREE. - PRICE INCLUDES ONE [,000 GALLON TEMPORARY ABOVEGROUND SKID TANK FOR USE DURING DOWN TIME (12-15 WEEKS) WHILE TANK IS BEING MANUFACTURED. OPTION 1-FOR A 2000 GALLON TANK ADD;FSi;950,00 TO PRICE ABOVE. OPTION 2-FOR A 5000 GALLON TANK ADD:$$,~00.00 TO PRICE ABOVE. 20~ DUE UPON SISNING, TANK AND EgUIPMENT COSTS DUE UPON DELIVERY TO THE JOB SITE, AND THE BALANCE DUE UPON 'AYMEHTTERMS: COMPLETION. ] ~ PU~ ~ ~' I FUT~ PI~ I i I S.W. 5rd AVENUE t ,L '"' [ITY OF DELRI:I¥ BERTH CITY ATTORNEY'SOFFICE ~00 N,w 1st AVEN~. DEI.~¥ BF. AC~, FhOR]'D~ 3~444 TELEPHONE 561/243-7.0.9.0 · F.~CSI. MILE 561/278-4755 Writer's t~]rectLme: 561/243-7091 DELRAY BEACH Ali. America City MEMORANDUM ljlll~llll! DATE: Marchll, 1999 ~993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Elaine White v. City of Delray Beach, et al. - Appointment of Outside Counsel A complaint has been filed against the City and three employees of the Police Department by Elaine White, a former employee of the Police Department who resigned September 7, 1998. The complaint contains allegations of violations of Title VII and 42 U.S.C. Section 1983. The allegations asserted by Plaintiff in the complaint are claims of hostile work environment, conspiracy, retaliation and violation of equal protection based on race stemming from an unsustained investigation regarding a discrepancy regarding receipts issued for payment of traffic tickets. Our office recommends the appointment of the City's labor counsel, Leonard Carson of Carson & Adkins, to handle this litigation at an hourly rate of One Hundred Dollars ($100.00) per hour. By copy of this memorandum to David Harden, City Manager, our office requests that the appointment of outside counsel be placed on the March 16, 1999 City Commission agenda. cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Richard Overman, Chief of Police MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM~~- REGULAR MEETING OF MARCH 16, 1999 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MARCH 11, 1999 Attached is the Report of Appealable Land Use Items for the period March 1st through March 12, 1999. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. ref:apagmemo TO: DAVID T. HARDEN, CITY MANAGERL~~'~~~ THRU: DIANE DOMINGUEZ, DIRECTOR OF P FROM' JASMIN ALLEN, PLANNER ~-2~/ / SUBJECT: MEETING OF MARCH 16, t~99*CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MARCH 1, 1999 THRU MARCH 12, 1999 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of March 1, 1999 through March 12, 1999. 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 minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (7 to 0), a request for a fiat wall sign at Ralph Isuzu Used Cars, located within the Ralph Buick Dealership site on the east side of South Federal Highway north of Fladell's Way. B. Approved (7 to 0), a request for a color change for Stone Grove Coffee Company (fka Wolfie's Deli Express), located at the southeast corner of Linton Boulevard and SE 10th Street. City Commission Documentation Appealable Items Meeting of March 16, 1999 Page 2 C. Approved with conditions (7 to 0), a request for a color change for Caf~ Pietri, located on the west side of SE 5th Avenue (southbound Federal Highway), south of SE 8th Street. D. Approved (7 to 0), a request for a color change for Gulfstream Building, located at the northwest corner of George Bush Boulevard and Andrews Avenue. E. Approved with conditions (7 to 0), a color change for storefront awnings at the Nutrition Cottage and Mixed Bag (former Arcade Tap Room Building), located on the north side of East Atlantic Avenue, between NE 4th Avenue and NE 5th Avenue (southbound Federal Highway). The Board approved the request with the condition that the same burgundy color be used by both establishments. 1. Approved (6 to 0, Diggans absent), a request for a Certificate of Appropriateness associated with replacing an existing asphalt driveway with old Chicago brick for a single family residence located at 1009 Nassau Street. In order to replace the driveway a waiver was granted to allow the driveway to remain at 1' where 5' is required between the driveway and the abutting property line. 2. Approved with conditions (5 to 0, Turner stepped down), a request for a Certificate of Appropriateness to allow the demolition of a duplex at 21 SW 1st Avenue. 3. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness to allow exterior renovations for the Rhoden Building, located at the southeast corner of East Atlantic Avenue and South Swinton Avenue (NOTE: This was the reconsideration of the same elevations that had previously been appealed to the City Commission and subsequently approved by the Historic Preservation Board, but for which the approval had expired). No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- March 16, 1999 L-30 CANAL u~ ' ...... L. ;r- ...... - ....... _r- ..... ~ ~ / ~'-'~ k ...... ; ............... ~ I. ~- ..... , :_:. m~;-~ ~,ll : . o LOWSON BOULEVARD c~ 8. W. lOTH SI ~ UHTON BOULEVARD ~.... .... '~' ~o~ ~o~. ' 8 L ..... J L~8 CANAL C-15 CANAL $.P.R.A.~.: H.P.B.: A. RALPH ISUZU USED CARS 1. ~009 NASSAU STREET ......... ciTY LIMITS B. STONE GROVE COFFEE COMPANY 2. 21 S.W. 1ST AVENUE (t.k.a. WOLFIE'S DELI) 3. THE RNODEN BUILDING C. CAFE PIETRI I ON~ m O. GULFSTREAM BUILDING GRAPHIC SCALE E. NUTRITION COTTAGE AND MIXED BAG CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 1999 . - DIGITAL BASE kIAP SYSTEM - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM~f- REGULAR MEETING OF MARCH 16, 1999 AWARD OF BIDS AND CONTRACTS DATE: MARCH 12, 1999 This is before the City Commission to approve the award of the following bids and contracts: (1) Purchase award in the amount of $12,569.00 to Gateway, via Florida State contract, for the purchase of six (6) personal computers to replace six diskless personal computers currently in the MIS training room, with funding from 334-6112-519-64.11 (Renewal & Replacement/Computer Equipment). (2) Purchase award in the amount of $48,492.50 to Fisher Scientific Company for the purchase of 85 Scott Aviation Self Contained Breathing Apparatus (SCBA), to upgrade from the current 2.2 units to the smaller, lighter and less fatiguing 4.5 carbon cylinders. Funding is from 001-2315- 526-64.90 (Fire Operations - Other Machinery/Equipment). Scott will also provide a one on one upgrade of our present units to the new 4.5 unit, to include parts and labor, free of charge with purchase. (3) Purchase award in the amount of $16,999.80 to Laerdal Medical Corporation, sole source provider, for the purchase of six (6) automatic electronic defibrillators for use by the Fire Department, with initial funding from 001-2315-526- 64.90 (Fire Operations - Other Machinery/Equipment) to be reimbursed by the State of Florida County Grant Award Program. (4) Purchase award in the amount of $13,852.00 to Lucent Technologies, sole source provider, for the upgrade of the AT&T 75 phone system at the Police Department to make it Year 2000 compliant, with funding in the amount of $10,840 from 334-6111-519-64.90 (Other Machinery/Equipment) and $3,012 from 112-2172-521-52.27 (Law Enforcement Trust Fund). Recommend approval of the bid and contract awards listed above. ref:agmemo8 Agenda Item No.: AGENDA REQUEST Date: 03-10-99 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 03-16-99 Description of agenda item (who, what, where, how much): Approval of the purchase of six PC's to replace the six diskless PC'~ 9urrentlv in the MIS Training Room. Purchase price is $12,569 (see Req #69476). Funding was included in the FY 98-9~ Renewal and Replacement Fund for this purchase. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval is recommended by the Director of ~inanc¢ and MIS ~anager Department Head Signature: ~~7~kk/% ~'~ ~~~C~o~p///- -- -~ Determination of Consistency wit rehensive Plan: n/a City Attorney Review/ Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds): Funding available: ~-~ NO Funding alternatives.-/--- (if applicable) Account No.'& Description: 334-6112-519-64.11 Account Balance: $193.760.15 City Manager Review: Approved for agenda: E~ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden City Manager FROM: Joseph ~ Director of ~ SUBJECT: Replacement of six Diskless PC's in MIS Training Room DATE: March 10, 1999 The Fiscal Year 1998-99 Renewal and Replacement Fund included funding in the amount of $14,130 to replace six diskless PC's in the MIS Training Room. The diskless PC's cannot accommodate NT or Office 97 and are very slow. We are replacing them with the standard PC's being purchased for users throughout the City. These PC's will have NT and Office 97 which will allow users to train using the same software they have on their own City system. These PC's can also be used as emergency back-up's to temporarily maintain a user until their PC is repaired or replaced (for instance if the drive crashed and there was no other way to maintain operations). The replacement cost of these PC's is $12,569 (see attached quotes #10301498 and #10301515 from Gateway). Pricing is per Florida State Contract Number 250-040-96-1. We would request that you place approval for the purchase of these replacement PC's on the City Commission Agenda for March 16, 1999. Requisition Number 69476 in the amount of $12,569 is pending approval. /sam cc: Richard Zuccaro, MIS Manager E-4200 400 Page 1 of 2 E-4200 400 GW Quote #: 10301498 Date/Time: 03/01/99 13:10 EST Processor:. Intel 400MHz Penfium II processor with 512k Cache Memory: 128MB 100Mhz SDRAM expandable to ./ ~ Mouitor: VXTO0 17inch color monitor (16.0inch view~le are~) Graphic~ Accelerator: ATI Rage Pro Turbo 8MB 2x AGP Graphics Accelerator Hard Drive: 8.4GB SMART H Ultra ATA hard drive Floppy Drive: 3.Sinch 1.44MB diskette drive CD-ROM: 13X min./32X max. CD-ROM drive Case: E-Series 8-bay Mid Tower Network Card: IBM PCI Token Ring added: US$95 Keyboard: 104+ Keyboard Mouse: MS IntelliMouse mouse & Gateway mouse pad LANDesk Software: Intel LANDesk Client Manager Soft. rare v3.3 Operating System: Microsoft W-mdows NT 4.0 Service Program: Gateway Gold(SM) Service for PCs along with Years 2 & 3 of On-Site Service McAfee Anti-Virus Software: McAfee Anti Virus Sofl~are Base Price: US $1899 Configured Price: US $1994 Quantity: 1 Total Price:US $1994 engineezed to Gateway ~pe~£i~at~i. ons, which may vazy £rom the ~etail v~rsions o£ the so£twaz~ and~o~ hax~wa~ in £unc~ionai£tM, pez£oz~anoe oz oom~atibiXity. ~r£o~s and oon£iguza~ons aze sub~eot to ohange without notioe oz o~i£gat£ou. P~ri~s do not include sl~pp£ng and hand~£ng or an~ &l~l£oable taxes. S&les t~x, si~pp~ng & hand~£ng w£11 be collected when appl£cable. http://www.gateway, com/cgi-bin/quote.pl 3/1/99 E-4200 400 Page 2 of 2 The price quote generated above is not automatically forwarded to a sales representative. To purchase the quoted item or items, please fax or e-mail this page to your Major Accounts representative, or call our general Major Accounts number, 800-779-2000, or fax to 605-232-2601. Please be sure your name, company name and phone number are on your fax. Thank you for choosing Gateway. Copyright ~ 1997, 1998, 1999 Gateway 2000 lac. All ~i~ht~ ~ Ploaso see ow ~ Ple. as~ semi f:e~lhek to Wchnaat= ~. Linkim~ ~d Lo~o_ lm~m~tiao http://www.gateway, com/cgi-bin/quote.pl 3/1/99 E-4200 450 Page 1 of 2 E-4200 450 GW Quote #: 10301515 Date/rime: 03/01/99 13:20 EST Processor: Intel 450MHz Pentium HI processor with 512k Cache Memory: 128MB 100MI-lz SDRAM expandable to 384MB Monitor: VX900 color monitor (18.0inch viewable rea) Graphle~ Accelerator: ATI Rage Pro Turbo 8MB 2x AGP Graphics Accelerator ~-.Hard Drive: 13GB SMART II Ultra ATA hard drive Floppy Drive: 3.Sinch 1.44MB diskette drive CD-ROM: 13X min./32X max. CD-ROM drive Multimedia Package: Sound Blaster AudioPCI 64D & Boston Acoustics Digital MediaTheater(TM) Speakers w/Dolby~ Digital added: US$205 ~ Case: E-Series 8-bay Mid Tower ~))~c~, Network Card: IBM PCI Token Ring added: US$95 Keyboard: 104+ Keyboard Mouse: MS IntelliMouse mouse & Gateway mouse pad LANDesk Software: Intel LANDesk Client Manager SoRware v3.3 Operating System: MicrosoR W'mdows NT 4.0 ~.Service Program: Gateway Gold(SM) Service for PCs along with Years 2 & 3 of On-Site Service McAfee Anti=Virus Software: McAfee Anti Virus SoRware Base Price: US $2299 Configured Price: US $2599 Quantity: 1 Total Price:US $2599 ~any ~at:~way produ~t:s az'~ ox~st:om · nginee~ed ~o Ga~wa~ tl:)eoi£ica~ions, whA~h may vaz~ from the ~etail versions o£ ~he so£t:waz-~ and~or hardwaz~ in £uao~-i. onal£t:y, p~z'£ozmano.~ o~: oo~&t:Lbilit:y. P~:ioes and oon£igtt~&t~i, ons &:e su~ect: t;o chang~ without: not:ioe oblig&t:ion. Pr~s do not: include sKi.l~ing and http ://www.gateway. com/cgi-bin/quote.pl 3/1/99 ' ~-4200 450 Page 2 of 2 handling or any &ppl£=able taxes. S&lea ~ax, shipping & handling will be oolleoted where &pplioable. The price quote generated above is not automatically forwarded to a sales representative. To purchase the quoted item or items, please fax or e-mail this page to your Major Accounts representative, or call our general Major Accounts number, 800-779-2000, or fax to 605-232-2601. Please be sure your name, company name and phone number are on your fax. Thank you for choosing Gateway. http ://www. gateway, corn/cgi -bin/quote. pi 3 / 1/99 Agenda Item No. ~'' ~"~- AGENDA REQUEST Date: March 16, 1999 Request to be placed on: Workshop Agenda When: March 16, 1999 XX_ Regular Agenda Special Agenda Description of item (who, what, where, how much): Upgrade purchase of 85 Scott Aviation Self Contained Breathing Apparatus (SCBA) from the heavier 2.2 units to the new, smaller lighter 4.5 carbon cylinders to meet all ISO, NFPA NIOSH / MSHA, U.S. Coast Guard and NFPA 1981 (1992) standards. Cost will be $48,492.50. Scott will also provide a free, one on one upgrade of our present units to the new 4.5 unit, to include parts & labor free of charge with purchase. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends this purchase from Fisher Scientific Company. This was included in the CIP and FY 98-99 budget to come from line//001-2315-526-64-90. This purchase will cause our units to conform to federal requirements. DEPARTMENT HEAD SIGNATURE:~'/"~& ~~2.4_2,o'.,x-_ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): //~'N Funding availabl Y~ES¢O /'/"h ~1 Funding alternative'~ (( \//J~tX Account No. & Destcription ~ Account Balance City Manager Review: A p p rove dHfoo/dague~7: ~N 0 Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved [ITY OF DELRI:IY BEI:I[H FIRE DEPARTMENT SERWNG DE _RA¥ BEACH · GULFSTREAM · H HLAND BE^CH DELRAY BEACH Ali. America City 1993 TO: DAVID T. HARDEN, CITY MANAGER FROM: MICHAEL B. WlGDERSON, ACTING FIRE CHIEF DATE: MARCH 8, 1999 SUBJECT: PURCHASE OF 4.5 CYLINDER UPGRADE OF SCBA The Fire Department is submitting this request for the upgrade of the current Scott Aviation Self Contained Breathing Apparatus (S.C.B.A.) 2.2 to the new smaller, lighter 4.5 S.C.B.A. This project was included in the FY 98-99 budget under line item #001-2315-526- 64-90. We are requesting that this be placed on the agenda of March 16, 1999, for approval by the commission. This is the first purchase of a three-year C.I.P. program to upgrade the SCBA equipment. We are requesting the purchase of eighty-five (85) of the new Scott Aviation 4.5 Carbon cylinders at a total cost of $48,492.50. Each unit costs $570.50, Scott is offering a special program through their distributors, to provide parts and labor, to convert our present 2.2 units to the 4.5 unit, free of charge, on a one to one basis. We will have 85 units to cover our front line apparatus as well as the converted units as back up. The Scott 4.5 SCBA meets all federal regulations for NIOSH/MSHA, U.S. Coast Guard, NFPA-1981 (1992) as well as all I.S.O. and NFPA requirements. We have two bids and find the best price is from Fisher Scientific Company. I have prepared an Agenda Request as well as Requisition Number 69618, for this purchase. Your concurrence with this purchase will be appreciated. Michael B. Wigderson Acting Fire Chief FIRE DL~,~/'~~EADQUARTERS · 501 WEST ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper CITY OF DELRI:IY BEACH FIRE DEPARTMENT , SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH DELRAY BEACH MEMORANDUM ~~ TO: ROBERT B. REHR, FIRE CHIEF 1993 FROM: M.B. WIGDERSON, ASSISTANT FIRE CHIEF DATE: APRIL 8, 1998 SUBJECT: FY 98-99 C.I.P. UPGRADE OF SCBA On April 21, 1997, the Fire Department submitted the C.I.P. request for upgrade funding of the currem Scott Aviation Self-Contained Breathing Apparatus (S.C.B.A.) 2.2 to the new smaller, lighter 4.5 S.C.B.A. We are resubmitting this request for the upgrade for the following reasons: 1. The 4.5 Kevlar cylinder is rated at 4,500 psi and provides 30 minutes of air. This unit is less fatiguing, because it is a smaller and a lighter weight cylinder. 2. This equipment would be compatible with Boca Raton Fire Rescue and Boynton Beach Fire Rescue equipmem. This would allow for the interchange of units in a major incident in any of the three (3) cities. 3. Scott Aviation is offering a program through their distributor, Safety Equipmem Company (SEC) to provide parts and labor to convert the 2.2 to 4.5, free of charge, with the purchase of new 4,500 psi cylinders, at a cost of $650., each unit. This is a savings of $320.25 per unit for the conversion. 4.The Scott 4.5 SCBA meets all federal regulations for NIOSH/MSHA, U.S. Coast Guard, NFPA - 1981 (1992). 5. The request for FY 98-99 would purchase 85 - 4.5 Kelvar cylinders at a cost of $55,250., enough to equip all of our front line apparatus. This would also include a replacement cylinder for .each S.C.B.A., enabling us to meet all I.S.O. and N.F.P.A. requirements. We would upgrade the mobile cascade system at a cost of $4,000 to complete the profile. The remainder of our Three Year Plan at a funding of $33,250 plus $24,050 each year would satisfy I.S.O. and N.F.P.A. requirements for all of our reserve apparatus. Additionally, enough spare cylinders would be purchased to meet current capability for an incident in a high-rise building or large commercial structure. We would also upgrade our stationary cascade systems from 4,500 psi to 6,000 psi at a cost of $4,000. in FY 99 - 00. M. B. Wigderson Assistant Fire Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 ° SUNCOM 928-7400 ° FAX-(561) 243-7461 Printed on Recycled Paper 03/10/99 14:05 Fisher Fisher S¢ien D2 /3 FISHER SCIENTIFIC QUOTATION MARCH 10, 1999 PAGE: 1 CITY OF DELRAY BEACH FIRE FISHER SCIENTIFIC COMPANY DEPT 1801 GATEWAY BLVD 501W ATLANTIC AVE SUITE 101 RICHARDSON TX 75080 DELRAY BEACH FL 33444 (800) 772-6733 CUST REF NBR QUOTE ACCOUNT NBR: 202054-002 I REQUESTOR: CHIEF WIGDERSON QUOTE NBR: 9069-0946-24 I PHONE: 5612437414 TERMS: NET 30 DAYS I FOB: DESTINATION DUE DATE: I PREPARED BY: STACI FORSYTH SALES REP: AMY IRVINE I AUTHORIZED BY: BRUCE MECK *** PRICES ARE FIRM THRU 04/09/99 *** PLEASE REFER TO THE QUOTE NBR ON ALL CORRESPONDENCE THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPANY LLC NBRI QTY UN CATALOG NBR DESCRIPTION UNIT PRC EXTD PRC PRICES GOOD THRU 12-31-99 1 85 EA 19 003 264A CYLIND W/VLV CARBN 4500P 30MIN 570.50 48,492.50 HAZARDOUS MATERIAL MERCHANDISE TOTAL 48,492.50 THIS QUOTE INCLUDES AN UPGRADE ON AIRPAKS FROM iA 2.2 TO A 4.5. FISHER WILL PAY ALL FREIGHT CHARGES QUOTATION FORM 501 WEST ATLANTIC AVENUE _-L. Jcompany DELRAY BEACH, FL 33444 · (i0906703 00.. 13 256~UDGET QUOTE 8/ 98 3/31//99 ,,-- ~, ,.,~,,.,,,~# __.,.' ..._ - ~ ,..~, ',~..--,,. =,.,,-~., __ }ET 30 5/08/99 UPS-DEL ROBERT BAZINET I 888-263-5319 EXT:247 Qq.M,I~ITY j 85 EA SCTS0Zi721-01 ~YLINDER CARBON 30 MIN zi.5 650.000 55250.00 tHIS PRICE INCLUDES ONE FOR DNE UPGRADE FROM 2.2 TO z~.5. ~ARTER F. ALL TO ADVISE YOU ON PARTS THAT NEED TO BE SENT IN I ]~0 COMPLETE UPGRADE. THANK YOU FOR YOUR INQUIRY. JEFF COOPER 561-243-7481/2 FX:7461 55250.00 SAFETY IS OUR LIFE'S WORKTM September 12, 1997 Chief Wigderson Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Chief Wigderson, I am writing to address your concerns regarding the future of Scott's high pressure upgrade program. As you know, the high pressure upgrade program is intended to enable users of the Scott Air-Pak model 2.2 to economically upgrade to their units to the Scott ^ir-Pak model 4.5 high pressure SCBA. Under this program, the upgrade of each 2.2 to 4.5 is performed at no charge with the purchase of either a 30, 45, or 60 minute, 4500 psi, Scott cylinder and valve assembly (of course this does not include any parts or labor required to repair the unit beyond the upgrade). Because of the inherent benefits of this program to the Air-Pak user, Scott has no intention of terminating this program anytime soon. As such, I would like to assure you that Scott will keep the program in effect for at least the next three (3) years to enable you complete your upgrade to the 4.5. I trust this adequately addresses your concerns regarding the high pressure upgrade program. If you have any additional questions or concerns, please do not hesitate to contact me. Cordially, Rob Scott Southeast Regional Manager Scott Health & Safety cc: Michelle Star, Safety Equipment Company, Mirimar, FL Health & Safety Products I,--~', I~"'l ~. ~so 9oo~ ~'~ 309 W. Crowell Street · Monroe, NC 28112-4649 · Tel.: (704) 282-8400 · Fax: (704) 282-8423 ~'~s~.~Dco~~ HPUPGRDE.DOC Agenda Item No.: ~, ~i"D.~.3. AGENDA REQUEST Date: March 11, 1999 Request to be placed on: Consent XX ~e~+~-l-~r Agenda Special Agenda Workshop Agenda When: March 16, 1999 Description of agenda item '(who, what, where, how much): Purchase Award - Six (6) Automatic Electronic Defibrillators from Laerdal Medical Corporation as a sole source purchase for a total amount of $16,999.80. O~INANCE/ ~SOLUTION ~QUIRED: YES/NO Draft Attached: YES/NO Recommendation: Purchase six (6) Automatic Electronic Defibrillators from Laerdal Medical Corporation as a sole source purchase for a total amount of $16,999.80. Fundin~ from account code 001-2315-526-6A.90 to be reimbursed by the ~tate of Florida County Grant Award Program ~-~--~, . Department Head Signature: Determination of Consistency with ~oa~rehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): /~ Funding available~O /f~\~ Funding alternatives? ( i,f app, li~a~e) ~ ~Account No. '& Description: ~.~__~Ac count Balance: City Manage~ Review: Approved for agenda: ~/ NO ~Hold Until: Agenda Coordinator'Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: JosephSa~~ce Director DATE: March 11, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING MARCH 16, 1999 PURCHASE AWARD AUTOMATIC ELECTRONIC DEFIBRILLATORS SOLE SOURCE PURCHASE FROM LAERDAL MEDICAL CORP. Item Before Commission: The City Commission is requested to approve the purchase of six (6) Automatic Electronic Defibrillators from Laerdal Medical Corporation as a sole source purchase for a total amount of $16,999.80 with funding from State of Florida County Grant Award Program. Background: The Fire Department is requesting the purchase of six (6) Automatic Electronic Defibrillators to be placed on fire suppression units at the six (6) fire stations. The Medical Director of the City of Delray Beach Fire Department is requesting automatic external defibrillators that have the technology which incorporates Bijahasic defibrillation that is the state of art and required for the well being of the citizens of Delray Beach (see attached memo dated March 05, 1999 from Randall L.Wolfe, M.D.) These defibrillators are available from Laerdal Medical Corporation as a sole source purchase, per attached memo and quotation dated March 05, 1999. The City of Delray Beach Fire Chief recommends the purchase of the defibrillators from Laerdal Medical Corporation per attached memo dated March 05, 1999. Recommendation: Staff recommends the purchase of six (6) Automatic Electronic Defibrillators from Laerdal Medical Corporation at a total amount of $16,999.80. Funding from account code 001-2315- 526-64.90 which will be reimbursed by the State of Florida County Grant Award Program. Attachments: Memo From Fire Chief Memo From Medical Director Memo From Palm Beach County Memo From Laerdal Medical Corporation [ITY OF DELRI:IY BEI:I[H FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH DFLRAY BEACH Ali.America City 1993 TO: DAVID T. HARDEN, CITY MANAGER FROM: ROBERT B. REHR, FIRE CHIEF DATE: MARCH 5, 1999 SUBJECT: GRANT AWARD AND PURCHASE The Fire Department has received notification that we have been awarded a grant from the State of Florida County Grant Award Program, in the amount of $17,000., for the purchase of Automatic Electronic Defibrillators (AED's). I have prepared Requisition Number 69570 for this purchase, funds to come from line item #001-2315-526-64-90 at a cost of $16,999.80. We will be reimbursed by the County upon providing proof of receipt of the devices. The AED's we will purchase are consistent with our current units and will be placed on fire suppression units at the six fire stations. Your concurrence with th_is purchase will be appreciated. Robert B. Rehr Fire Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper Mr Doug Trawick 02/19/99 EMS Division Chief 501 W. A~larrtic Ave 561-243-7440 Delray Beach FL 33444 561-243.7461 We are pleased to quote as follows: .... · :_:_-~?~-~-~.~.-; :.-~-,,.~...-,~.~.,.., ~ ...*. :..::.~.~_-~:-~-.$=..I~.,-.,.~,.:=~.-.~?~ .4~*~-~,,.~,..#,~.-~-z:.~.'~:~:%.'*.~ ~.~!:~::~- ~::i~v~."~_..~..~.~:!??i.~,:~.:.::~?:~.:~¥~:.~..~..' · ~ 6 940020 Heartstart FR AED E Model $2,593.00 $15,558.00 6 FR1003 Battery Pack $62.45 $374.70 6 941301 Hard Case $50.75 $304.50 6 FRIO06 Data Card: 30 Minute $127.10 $762.60 TOTAL * 16,9~9.80 Je/~7'Hattem - Senior Account Manager 800-648-1851 X379 - ' . ':. "~;:;'~:,;..,,':~.: ~'-. ,. ;~ L~' "', "~ ...... ;..' · -:, ': ~::,~.,.: ,.... ': .'...~ ~,.....¥_,,...,- ...;-;' '".~ .".'~ ~: ..?.,,....,.,L..,:" .~-, "...~ .... ..':., ,' ':.;,... ]]....'~:,.! .. '.,.: - .;: ; Li: ' . .. Terms', ~::+. ~[',.~:: :::'.":~2~;~.20:;-OR:~,.e..t.'i~..O..,..Qa¥.,S..'.:;~c:. ;~ih!~::~;;`:~;~?!;`::~:~:~:~..~.!:!~;~.:~!:~`~`:`Q....u~e~..~:::~:~:::::::~..~`:`~ ,..,~:: ::::....::: :: ::.. ". · Thank you for your interest in Laerdal products. DELRAYFD.V~..~da: Medical Corpor~:io~% '167 Myer"- Cornor~ Ro.~d, P.O. Box 1840. Wappi~g~;rs Fe~ls. NY 12590-88~0 Telephone (914) 297-7770, F~.~ (914) 297-1137 I~/I~-;d' ~P~86~6 'd~O3 qUDIGBW 5UG~B~] ~:~ 666~-6I-8B~ RP~DALL L. WOL?~, M.D. 625 S.E. $'m S'II~];T, #4 DEI,RAY BEACHs ~ 33483 (56~) 64~-354~ o~*FIC~C (561) 64z-359t March 5, 1999 Chief Doug Trawick Delray Beach Firv Department 501 Wo~t Atlantic Avenue Delray Beach, FL 33444 Dear Chief Trawick: It ia mb' recornmendatiol~ that all future purchases of automatic dcfibfillators should be those defibrillators that have the technology, which incoq~orates Biphasic defibrillation. I feel this teclmolo§y ia state of the art and requixext for thc well being o£the citizens of Dclray B0ach. To date, thc only manufacturer that I am aware of that produces Bipha$ic defibrillation, is Hc, artstrcam. Thank you very nluch. If you have any further questions, please feel free to c. ontact mc. Sino~roly yours, Randall L. Wolff, M.D. Medical Director Dclray B~ach Fire Department RLW/klb Laerda[ City of Delray Beach Fire Dept 03/05/99 501 West Atlantic Ave D¢lmy Beach FL 33444 Attn: Chief Doug Trawiek Dear Chief Tmwiek, This letter is in response to your question of tho sole source distribution of the Heartstart FR Biphasic AED. Laerdal Medical Corp. has been designated by Hewlett-Packard Corp. as the distribution channel the product to the prehospital market segment (including Fire Del>ts. and Emergency Medical Services Providers), as indicated in our strategic alliance with theirs. Ill can assist you with any other matter, please do not hesitate to contact me at 800-648-1851 X379. Thank you. Sincerely, JeffHattem Senior Account Manager L~erdal MoOical Corporation. ~,fi7 M:~r~ Corner~ I:lOa~. P.O, Bo~ 1840. Wappinguf* T~tPphone [~(.1) 297-???0. I.'~x ~14) 257- I Department of Public Sal~ety .. Division of Emergency' Management December $, 1998 Office of Emergency Medical Services 20 $. Military Trail Division Chief Doug Trawick West Palm Beach. FL 33415 Dekay Beach Fire Department ($61) 712-6400 501 West Atlantic Avenue FAX: (561) 712-6449 www. co.palm-beach.fl.us Delmy Beach, FL 33444 Dear Chief Trawick: The Palm Beach County Office of EMS has approved $17,000.00 for your agency from the State of Florida EMS County Grant Award Program. Palm Beach County Board of County Prior to any expendithres, our agency requires a letter of confirmation Commissioners from your agency's administrator concurring xvith the amount of the Maude Ford Lee. Chair award, activity and expenditure plans, and assurance that your agency will Warren H. Newell. Vice Chairman comply with state and county grant requirements, !ncludh~g reporting. l~aren T. Marcus In addition, any proposed changes require approval frOm our office prior Carol ^. aoberts to any expenditures, or reimbursement cannot be guaranteed. Mary McCarty . Enclosed is your agency's grant aetivi .ty and expenditure plan. All Burl Aaronson reimbursement requests are due by Thursday, September 30, 1999. After Tony Masilotti this date we will not guarm.~tee reimbursement. The earlier we receive your request, the earlier we can reimburse your agency. For additional information, please contact me at 712-6485. County Administrator Robert Weisman Sincerely, Tim Horgan  Research Specialist . '/in Equal Opport'uni~ Affirmative Action Employer' ~ printed on recycled paper DELRAY BEACH FIRE DEPARTMENT Work Plan: Work Activities: Time Frames: Improve early defibrillation capabilities of first response fire units by purchasing automatic external defibrillators. Obtain bids from vendors I month Select vendor and order equipment 2 months Receive equipment 3 months Train personnel on equipment 4 months Proposed Expenditure Plan: Recipient of Unit Total Revised Expenditure Line Item Line Item Price Quantity Cost Budget Year-to-Date Automatic External Defibrillator $3,400.00 5 $17,000.00 TOTAL $17,000.00 30 Agenda Item No.: ~.~.¥. AGENDA REQUEST Date: March 11, 1999 Request to be placed on: Consent XX -R~g~rt~-r Agenda Special Agenda Workshop Agenda When: March 16, 1999 Description of agenda item '(who, what, where, how much): Purchase Award - Upgrade of the AT&T 75 phone system in the De]rAy B~eh Police Department to make it Year 2000 compliant from Lucent Technologies as a sole source purchase at a total cost of $13~852. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Lucent Technologies for the upgrade to the current AT&T 75 phone System at a total amount of $13,852. Funding from account code 334-6111-519-64.90. for $10~840.00 (98-99 Captial Improvement.) & 112-2172-521-52.27 (Law Enforcement Trust Fund) $3,012.00 Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~E~S> NO Funding alternatives2~-' (if,app~i~cable) Account No. & DesGriDtion: ~-~-~.~-~O ~ ~£~q/~%,J',~D. Account Balance: ~O;~_qD ........ ' City Manager Review: I~Y-'~I~Z-~}-~9-~ Agenda Coordinator ReView: Received: Ac t ion: Approved/D i s approved MEMORANDUM TO: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor ~' FROM: THROUGH: Milena L. Walinski, CGFO Assistant Finance Director SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MARCH 16, 1999 - PURCHASE AWARD UPGRADE OF AT&T 75 PHONE SYSTEM FROM LUCENT TECHNOLOGIES Item Before Commission: City Commission is requested to approve the purchase of an upgrade of the AT&T 75 phone system for the Delray Beach Police Department at a total amount of $13,852 from Lucent Technologies as a sole source purchase. Background: The City of Delray Beach Police Department is in the need to upgrade current phone system to make it Year 2000 compliant. The current phone system equipment in the Police Department is from Lucent Technologies. Lucent Technologies has submitted a quote for the upgrade of this system for a total amount of $13,852. Pricing is from the Florida State Bid List #21-730-650-W. (Florida State Bid list was awarded to multiple vendors.) See attached memo to Assistant Director Support Services Division. The Assistant Director of Support Services Division of the Delray Beach Police Department recommends award to Lucent Technologies as a sole source purchase to upgrade the current phone system to Year 2000 compliance. See attached memo dated March 08, 1999. Recommendation: Staff recommends the upgrade of the current AT&T 75 phone system at the Police Department for a total amount of $13,852 from Lucent Technologies as a sole source purchase. Funding from account code #334-6111-519-64.90 (98/99 Capital Improvement Account) $10,840 and account code #112-2172-521-52.27 (Law Enforcement Trust Fund) $3,012. Attachments: Memo From Delray Beach Police Department Memo From Lucent Technologies 03/10/99 04:14 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~ CITY MANAGER ~002 DELRAY BEACH Delray Beach, Police Department (407) 243-7888 Fax (407) 243-7816 1993 To: David Harden City Manager From: Tina L. Lunsford, Asst. Direetor~ Support Services Di.vision Date: March 8, 1999 Subject: Police Department ]?hone System Upgrade Attached you find the price quote :Rom Lucent Technologies for the upgrade of our A&T System 75 phone system to make it Year 2000 compliant. Lucent Technologies is the sole source vendor for this upgrade, plus the pricing is off the Florida State Bid list #21-730-65{)-W. There has been a price increase to $13,852.00 since we originally budgeted for this last year. In the 98/99 Capital Improvemem Ac, count #334.6111.519.64.90, S10,840.00 was allocated, which leaves a $3,012 shortage, per Sherry Muehlberg the difference will be found at mid-year. Your prompt approval for this upgrade will be appreciated. 03/10/99 04:14 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~ CITY ~{ANAGER ~003 03~05/99 11:43 FAX 95496fl~277 POMPANO BCH ENTERPRISE ~001 Fax (9~4) 9S9,.22'T?' 03/10/99 04:15 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~ CITY MANAGER ~004 03~0~/90 11:43 FAX fl$49~2277 P0~PAN0 BCH ENTERPRISE ~002 PRICINg REPORT 03/05/99 10:37 Ref # R128838 Conflg ~ 2 DEL!.~A¥ BEACH CITY OF Page: 1 System ID: G3V2UP~D Quote ~ D~te: 05/05/~9 CPS Proj Code: PE Code Qty Description Purchase $ Install $ Mo Main~ $ 1272-6US 1 R~SI VAS RTU 2100.00 0.00 0.00 1272-$SUG 2 ADDL UP SIX S 0.00 0.00 0.00 63552 1 DOCUMENTATION 0.00 0.00 0~00 '0505-V~T 1 SERVICE C~/ARG 0.00 ~0.00 0.00 6300-UMS 1 S75MED CAR/R6 7500.00 3000,00 50.00 63148 i GBCS SECLTRIT~ 39.00 0,00 0.00 X600-SHL 1 G1 SHIP LOOSE 0.00 0.00 0.00 63794 1 CDROM ADMIN D 0.00 0,00 0.00 Sub-Total $ 9639.00 3050.00 50,00 Total $ 12689.00 Shipping $ 163.00 Total Purchase Price $ 12852.00 03/10/99 04:15 FAX 561 243 7816 DELRAY BEACH POLICE DEPT * CITY MANAGER ~005 0$V0~/fl9 11:43 FAX 9549692277 POMPANO BCH ENT~RPRIfiE ~ 003 PR'ICINGP~EPORT 03/05/99 10:37 Ref ~ 8128835 Config ~ 2 DELi,~A~ BE~C~ CITY OF Page: 2 System ID: MISC-ADD Quot~ ~XP Date: 05/0S/99 CPS Proj Code: PE Code Qty Description Pu~rchase $ Install $ Mo Maint $ 0600-900 1000 MOVES ~UC~TI 0.00 1000,00 0.00 sub-Total $ 0,00 1000.00 0.00 Total $ 10oo.o0 Shipping $ ~ Total Purchase Prmce $ ' ~ JEFFREY S. KURTZ, P.A. ATTORNEY AT [.AW 1'2-9_30 FOREST HILL BOULEVARD SUITE 110 G WELLINGTON, FLORIDA 33ala [561) 2.97.1529 March 16, 1999 VIA FACSIMILE ONLY Diane Dominquez Planning Director City of Delray Beach 100 N.W. 1st Avenue ~ Delray Beach, Florida 33444 RE: Creations of Delray/Acqnaisition and Conversion of Winn Dixie Site Dear Diane: This letter will serve to confirm our telephone conversatlon wherein I requested that the City Commission hearings in regard to the Conditional Use Application and Alley At)andonment on the above referenced project be continued from tonight's meeting to the City Commission's Regular Meetin~ on April 6, 1999. This additional time is necessary for my client to evaluate the suggested conditions impact on the project and the proposed site plan. in addition we would request the Site Plan consideration by SPP~AB be moved from April 7, 1999 ~o the April 21st meeting. Lastly, please consider this letter as the formal request to waive the requirement under LDR Section 6.1.3, for a sidewalk aion~ ~ 3rd Avenue, In accordance with Janet Meeks transmittal letter on the site plan issues, i% is my understandin~ 5hat staff is supportive of this request. Please advise me as to any problems with the requested continuances. Sincerely, S. Kurtz JSK/lm ~ cc: Client TO: DAVID T. HARDEN CITY MANAGER ~ ~ j ~')M,~;,~ 0'~.,( ~ THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND'ZONIRG ~ ~ .,.,v..~ ,. - \ FROM: , NER SUB,JECT: MEETING OF MARCH `16, '1999 CONDITIONAL USE REQUEST TO ESTABLISH A BAZAAR IN THE FORMER WINN DIXIE BUILDING LOCATED ON PINEAPPLE GROVE WAY FOR A PROJECT TO BE KNOWN AS CREATIONS OF PINEAPPLE GROVE The conditional use request is to establish a "Bazaar" in the CBD zone district for a Project known as Creations of Pineapple Grove. Creations of Pineapple Grove wishes to occupy the former Winn Dixie building located on Pineapple Grove Way. The development proposal involves the reoccupation of the grocery store with a bazaar that contains approximately '140 booths, and construction of an 8,000 square foot office addition along the south side of the existing building. Other major improvements include fa(~ade renovations, a pedestrian sidewalk connecting Pineapple Grove Way to the entrance of the building, reconstruction and reconfiguration of the parking lot including drainage modifications, upgrading the back-out parking along NE 3raAvenue (west side) as well as the construction of 5 parallel parking spaces along the east side of NE 3rd Avenue, and landscape upgrades. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At the request of the applicant in order to expedite the development, action by the City Commission has been scheduled for the March '16th meeting, which immediately follows the Planning and Zoning Board meeting of March '15, '1999. Recommendations and comments from the public hearing if any will be provided to the City Commission at the meeting. By motion, approve the Conditional Use request to establish a "Bazaar" for Creations of Pineapple Grove based upon positive findings with respect to Chapter 3 (Performance City Commission Documentation ' Conditional Use to Establish a "Bazaar" for Creations of Pineapple Grove Page 2 Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the site plan be in general conformity to the sketch plan and incorporate recommendations made in the Planning and Zoning staff reports for the Conditional Use and alley abandonment. 2. That the use be restricted to the following: "The sale of antiques, arts, crafts, furniture, giftware, paintings, sculpture, flowers, plants, and home furnishings, with associated food and beverage sales. Further, all sales are to occur at a central location and not at individual booths (with the exception of food and beverage sales). There shall be no outside display of goods or merchandise unless associated with a special event approved by the City Commission." 3. That the front entrance and checkout area be redesigned to create a larger pedestrian area around the cashier booths. 4. That the interior aisle widths are increased to 8'; or that the aisles be maintained as proposed at 6' with a restriction that no merchandise may be placed in the aisles. 5. That the fa(;ade be improved in general conformity to the plans that were submitted with the application, with additional architectural features provided along the east elevation. 6. That the number of parking spaces be increased by providing more compact spaces. 7. That employees be required to park in the rear of the building. 8. That cross access be provided between the parking pods located in front of the building to provide internal circulation. 9. That the alleyway/drive aisle be widened from 16' to 20' with the point of access to the street widened to 24' to accommodate two-way traffic flow. Attachments: P& Z Staff Report and Documentation of March 15, 1999 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 15, 1999 AGENDA ITEM: ITEM: Conditional Use Request to Allow the Establishment of a Bazaar (Specialty Retail Store) to be Known as Creations of Pineapple Grove, Within the Former Winn Dixie Building, Located at the Northeast Corner of Pineapple Grove Way and N.E. 1st Street. GENERAL DATA: " Owner ........................................ Claire Ann Harrington, as Trustee of The Julia Manalan Residential Trust, under The Will of Julia Hilda Manalan Agent ......................................... Jeffery S. Kurtz, Esquire N,E. 2ND ST. Applicant .................................... The Pugliese Company lilly location ..................................... Northeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street. Property Size ............................. 2.01 Acres Future Land Use Map ................ Commercial Core Current Zoning .......................... CBD (Central Business District) N.E. ~ST ST. Adjacent Zoning ............... North: CBD East: CBD South: CBD West: CBD -~/I// Existing Land Use .................... Vacant Grocery Store Proposed Land Use ................... Conditional Use Request to allow the establishment of a Bazaar with I 1 site modifications including an ATLANTIC AVENUE 8,000 sq. ft. 2-story office space located over the parking lot along the south side of the building, i-/--- parking lot and landscape __ upgrades. Water Service ............................ Existing on site. Sewer Service ........................... Existing on site. IV.A. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a specialty retail center (bazaar) for Creations of Delray Beach/Pineapple Grove, pursuant to LDR Section 2.4.5(E). The subject property is located at the northeast corner of Pineapple Grove Way and NE 1st Street. I The subject property consists of Lots 1-8 and Lots 13-16, Block 83, Town of Linton Plat, and contains 2.01 acres. In 1956, Winn Dixie constructed a 23,000 square foot grocery store on the subject property and occupied the building until 1988. The parcel was zoned GC (General Commercial) until it was rezoned to CBD (Central Business District) with the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990. Minor facade changes to the front of the building were implemented in 1992 to accommodate a business office for the Private Industry Council (PIC). PIC occupied the northern portion of the building until 1996. On November 17, 1997, the Planning and Zoning Board approved a Similarity of Use to allow an alternative training school (vocational school) known as Palm Beach Marine Institute to occupy the former PIC offices. The request now before the Board is approval to allow the establishment of a specialty retail center known as Creations of Pineapple Grove, which will occupy the entire building. I The development proposal consists of the following: · Conversion of the existing 23,000 square foot building to a 140 booth bazaar with centrally located cashier stations and coffee bar; · Construction of an 8,000 square foot office addition to be located along the south side of the existing building. The office will be located over the existing parking lot, thus creating a second floor; Planning and Zoning Board Staff Report Conditional Use Approval - Creations of Pineapple Grove Page 2 · Majorfa~ade renovations; · Installation of a paver block sidewalk located in the center of the site providing a pedestiran connection from Pineapple Grove Way to the entrance of the building with "entrance kiosks" to be constructed on the west side of the property on both sides of the proposed walkway; · Abandonment of the north/south alley that bisects the site, which is discussed under a separate report; · Installation of paver blocks over the abandoned alley area; · Reconstruction and reconfiguration of parking lot including drainage modifications; · Provision of 5 parallel parking spaces along the east side of NE 3rd Avenue and striping of the existing perpendicular parking spaces that are located adjacent to the west side of NE 3rd Avenue, along with the installation of a landscape island and creation of landscaped areas along the east side of the building to be situated between the back-out parking spaces and the rear of the building; Relocation of power poles which are currently located in the alley; and · Major landscape upgrades throughout the site. The applicant has submitted the following narrative, which describes the operation: "The proposed use is a 23, 000 sq. ft. of retail space for a furniture and home accessory emporium. The items sold at the store will include antiques, arts, crafts, furniture, gifts, paintings, sculptures, flowers, plants, and home furnishings. Suppliers of such materials will contract for display space within the store and the items will be marketed and sold by Creations employees. The general public will only interact with Creations employees within the store area. It is anticipated that the hours of operation will be from 9 a.m. to 9 p.m., with later or earlier closing hours being determined by seasonal and market conditions. The number of employees should range between 10-20 people. The layout of the store will include a small coffee bar and a central cash register area near the entrance/exit of the building. In addition to the retail store, 8, 000 sq. ft. of office space will be constructed on a second story of the building (over the existing parking lot)". REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which Planning and Zoning Board Staff Report Conditional Use Approval - Creations of Pineapple Grove Page 3 is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. 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 CC (Commercial Core), and a zoning designation of CBD (Central Business Core). The CBD zoning is consistent with the Commercial Core designation. The use as described is that of a "bazaar", which the LDRs define as "A market characterized by shops and stalls along a pathway, usually for the sale of miscellaneous articles." Bazaars are listed as a Conditional Use in the CBD district [LDR Section 4.4.13 (D)(13)], therefore, a positive finding with this section can be made. It is noted that the office component is a permitted in the CBD. 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 and sewer plans are not required for this development proposal as these services exist to the building however, the following is noted: Water service exists to the site via a 4" service lateral with a connection to an existing 8" main within S.E. 1st Street. The service lateral dead-ends into a standpipe located along the south side of the building. No main extensions or upgrades are required with this development proposal. However, if the alley abandonment is approved, the backflow preventer and meter will need to be relocated to the south property line, as the water main will be turned over to the property owner. Sewer service exists to the site via an 8" main located within the north/south alley located in front of the building. The applicant is requesting abandonment of this alley and wants to install paver blocks in the area over the existing main. There are some concerns with this proposal, as discussed in the report for the alley abandonment. Drainage: The existing parking lot is currently in disrepair and does not drain properly. Water pools in Iow-lying areas particularly at the southwest corner of the parking lot. A preliminary paving and drainage plan was submitted that indicates on-site drainage will Planning and Zoning Board Staff Report Conditional Use Approval - Creations of Pineapple Grove Page 4 be accommodated by the installation of an exflltration system with a connection to the City's storm drainage system in NE 1st Street. Further, additional pervious area will be created with the installation of landscape islands and perimeter landscape strips that should help to improve the existing drainage situation. Thus, positive findings with respect to this level of service standard can be made. It is unclear from the plans what areas of the parking lot are to be reconstructed. As the existing trees are lifting the existing pavement adjacent to the landscape islands, major modifications to these areas will also need to occur. If the conditional use request is approved, the paving and drainage plan will need to be revised addressing these issues prior to action on the site plan. Streets and Traffic: A traffic analysis has been prepared indicating that the preposed mixed-use (i.e. specialty retail center and office) development will generate 607 ADT or Average Daily Trips (1,023 trips less 416 pass-by trips). This is less than what would be generated if the site were re-occupied by a supermarket (1,436 ADT). However, there is some concern that the rate used for the traffic study is not really indicative of the proposed use. Specialty retail as defined in the ITE (Institute of Transportation Engineers) refers to small strip centers with uses such as quality apparel, real estate offices, dance studios, etc. The proposed use will include appreximately 140 booths with merchandise from approximately that many individual vendors. Based on observations of similarly designed retail centers (Carnival Flea Market on West Atlantic Avenue, Festival Flea Market on Sample Road in Pompano Beach), their draw tends to be regional in nature, and the uses generate a greater amount of traffic than a typical strip center. If the trip generation rate for general retail is used, the ADT would be 1,247 which is similar to the supermarket rate. The subject preperty is located within the TCEA (Traffic Concurrency Exception Area), which encompasses the CBD (Central Business District), CBD-RC (Central Business District- Railread Corridor), OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a positive finding with respect to traffic concurrency can be made. However, there are concerns with on-site circulation and the parking demands created by 1,200 or so trips to and from the site. These issues are discussed later in this report. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Planning and Zoning Board Staff Report Conditional Use Approval - Creations of Pineapple Grove Page 5 Solid Waste: The proposal calls for a 23,000 sq.ft, retail center and 8,000 sq. ft. of office. Trash generated each year by the proposed mixed-use facility will be 106 tons of solid waste. Sufficient capacity is available at local solid waste facilities, and 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 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 Policy was found. Future Land Use Element Policy A-4.4: The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design and economic restructuring. The reoccupation and renovations of the building as a retail center and office facility should help to support the revitalization of Pineapple Grove Main Street by providing an employee base and destination use on Pineapple Grove Way. This may create a catalyst for other redevelopment in the area. Based on the above, Creations of Pineapple Grove helps to fulfill this policy. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), 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 surrounded by CBD zoning and general retail uses except for the FPL Substation that is located north of the building on the east side of the alley. While the use as a retail and office center on the surface seems compatible with the other retail uses located on Pineapple Grove Way, the use as bazaar could create some negative impacts on the surrounding area if it is not properly regulated. Staff has conducted a technical review of the sketch plan as well as an on site visit, and has also observed similarly designed retail operations such as the Carnival Flea Market located on West Atlantic Avenue, and the Festival Flea Market in Pompano Beach. These Planning and Zoning Board Staff J~eport Conditional Use Approval - Creations of Pineapple Grove Page 6 operations are high traffic generators and create a significant parking demand. The following concerns and recommendations are noted with respect to making a positive finding with this LDR section: On-Site Traffic Circulation: The Creations site plan is designed with two separate parking pods with no on-site circulation. This forces vehicles to utilize Pineapple Grove Way for on-site circulation if one of the parking pods becomes full. Pineapple Grove Way is a fairly narrow street with only two lanes that already experience a significant amount of traffic. Using this street for on-site circulation will create a confusing and unsafe situation with normal traffic flow. In order to ensure compatibility with surrounding development, the parking pods must be redesigned to accommodate on- site circulation to minimize any potential impacts on Pineapple Grove Way. Required Parking: While the proposal can accommodate required parking on-site by utilizing the shopping center rate of 4 spaces per 1,000 square feet of floor area, there is some concern that the demands of parking may be greater than that required by code. If on-site parking is not sufficient customers may seek spaces in nearby private lots, negatively impacting those properties. It is suggested that the number of on-site spaces be increased by providing the maximum amount of compact parking spaces (30% of the required spaces). Further, the most efficient utilization of spaces can be realized by requiring that the employees park in the spaces at the rear of the building, leaving the most visible and conveniently located spaces in front to the customers. Alley Abandonment: The applicant has requested that the north/south alley located in front of the building be abandoned and that the access to the north be eliminated. There are concerns with this request as the alley is utilized by the businesses located to the north for parking, loading, and solid waste removal. While it may be appropriate to abandon the alleyway, provisions must be made to ensure that service to adjacent properties is not compromised. Several alternatives for resolving this issue are discussed in the abandonment staff report. Fagade Improvements: The fa(~ade improvements are a very important aspect of the development proposal and have the potential to contribute greatly to the revitalization of Pineapple Grove Way. The facade should be constructed as presented in the color rendering. Additional architectural features should be applied along the east elevation as it is highly visible from the adjacent right-of-way and is currently somewhat plain. Nature and Functioning of Operation: Concerns have been expressed on a staff level and by members of reviewing agencies that the use not present a "flea market" type atmosphere. These concerns are based largely upon the floor plan with its booths and aisle format, which is typical of a flea market operation. The Pineapple Grove Main Street Plan calls for Pineapple Grove Way to be "the cultural, retail, and educational center of Delray Beach's historic Pineapple Grove neighborhood, offering its unique blend of population diversity, business mix and the arts in a quaint, safe, and accessible setting to residents and visitors of all ages." The plan emphasizes the arts and cultural activities as a key element in the redevelopment of the area. The proposed use of the Planning and Zoning Board Staff Report Conditional Use Approval - Creations of Pineapple Grove Page 7 site as a furniture and home accessory emporium including paintings, sculpture, flowers, antiques, arts, & crafts, etc. is consistent with that vision. The fact that all sales occur at a central location as opposed to at the individual booths also helps to distinguish the use from a typical flea market. However, if the nature of the use were to change in the future to that of bargain goods, clothing and accessories, electronics, etc., it may be detrimental to the redevelopment of the area. It is recommended that a condition be placed on the use limiting the sale of goods to home furnishing type items, and requiring a centrally located sales area. It is also recommended that there be no outside display of goods for sale, unless it is associated with a special event approved by the City Commission. Subject to the implementation of the above listed recommendations, a finding can be made that the use will not have a significantly detrimental effect upon the stability of the neighborhood, nor will it hinder the development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a full site plan application is being processed which has been reviewed. In addition to the items listed under "Conditional Use Findings", the following comments/concerns are noted. Drive Aisle Width The alley has been incorporated into the parking pods for circulation; however, the alley is only 16' wide. The alley should be widened to 20' to accommodate two-way traffic flow. Further, the access point to NW 1st Street must be widened to 24' to also accommodate two way traffic flow. Other: Interior Aisle Widths: The aisle widths at the flea market located on West Atlantic Avenue are 8'-12' wide. The merchandise in the booths overflows into the aisles creating approximately 6' of clear area for shoppers. The proposed aisle widths at Creations of Pineapple Grove are 6', which poses a concern if merchandise is allowed to be placed in the aisleways. As a condition of approval the aisle widths should either be widened to a minimum of 8', or if only 6' is provided there needs to be a prohibition against the placement of any merchandise within the aisles. Checkout Area: The applicant has indicated that the bazaar will have one point of transaction at or near the front entrance. The floor plan indicates that the checkout area will be provided by two cash registers located on either sides of the front entrance door that are each approximately as wide as a typical booth. This does not appear to provide sufficient area for people waiting to pay for their items without stacking in front of the adjacent booths or interfering with pedestrian flow at the building entrance. The floor plans should be revised to provide more open floor area around the cashier booths. Planning and Zoning Board Staff Report Conditional Use Approval - Creations of Pineapple Grove Page 8 Downtown Development Authori~ The DD^ reviewed the development proposal at its meeting of February 17th and unanimously recommended approval of the project, lhey did however note concerns with the integrity of the use and requested that parking lot be well lighted. ¢ommuni~ Redevelopment Agency The CRA reviewed the development proposal at its meeting of February 25th and unanimously recommended approval of the project. Pineapple Grove Mainstreet Advisory Board (PGMS): PGMS reviewed the development proposal at its meeting of March 1st and voted 6-2 to recommend approval of the project. The two who voted against the project voiced concerns that it would turn into a flea market that is not part of the Mainstreet philosophy. Site Plan Review and Appearance Board (SPRAB): If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan modification submittal will rest with the SPRAB, which has been scheduled for the Board meeting of April 7th, 1999. Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations that have requested notice of developments in their areas: · Progressive Residents of Delray (PROD) · President's Council · Chamber of Commerce Planning and Zoning Board Staff Report ' Conditional Use Approval - Creations of Pineapple Grove Page 9 The proposed conditional use request is for the establishment of a bazaar known as Creations of Pineapple Grove. There are concerns noted with the use itself as well as some of the site improvements. The major items of concern deal with the parking lot configuration and the operation of the use. Any negative aspects of the use as a bazaar can be mitigated through proper regulations, which have been attached as conditions of approval. Creations of Pineapple Grove could act as a catalyst by bringing large groups of people into Pineapple Grove, thus creating an economic stimulus for other retail uses in the area. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility once all the items of concerns have been addressed as part of the site approval process. A. Continue with direction. B. Recommend approval of the request for Conditional Use approval for Creations of Pineapple Grove, based upon positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use approval for Creations of Pineapple Grove, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings), that the use will have a detrimental effect upon the surrounding neighborhood and will hinder development and redevelopment of adjacent properties, with reasons stated. Recommend approval of the request for Conditional Use for Creations of Pineapple Grove based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the site plan be in general conformity to the sketch plan and incorporate recommendations made in this report and the report for the alley abandonment. 2. That the use be restricted to the following: "The sale of antiques, arts, crafts, furniture, giftware, paintings, sculpture, flowers, plants, and home furnishings, with associated food and beverage sales. Further, all sales are to occur at a central location and not at individual booths (with the exception of food and beverage sales). Planning and Zoning Board Staff Report ' Conditional Use Approval - Creations of Pineapple Grove Page 10 There shall be no outside display of goods or merchandise unless associated with a special event approved by the City Commission." 3. That the front entrance and check-out area be redesigned to create a larger pedestrian area around the cashier booths. 4. That the interior aisle widths are increased to 8'; or that the aisles be maintained as proposed at 6' with a restriction that no merchandise may be placed in the aisles. 5. That the fa(;ade be improved in general conformity to the plans that were submitted with the application, with additional architectural features provided along the east elevation. 6. That the number Of parking spaces be increased by providing more compact spaces. 7. That employees be required to park in the rear of the building. 8. That cross access be provided between the parking pods located in front of the building to provide internal circulation. 9. That the alleyway/drive aisle be widened from 16' to 20' with the point of access to the street widened to 24' to accommodate two-way traffic flow. Attachments: · Location Map · Sketch Plan S:Reports/CUCREATIONS I i U D TO: DAVID T. HARDEN, CITY MANAGER FROM: RONALD R. HOGGARD, JR., SENIOR PLANNER-~Uf..AJ/_..~ ~ SUBJECT: MEETING OF MARCH 16, 1999 ADOPTION OF NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN The City's Comprehensive Plan and the CRA's Community Redevelopment Plan both identify the area as blighted and call for the preparation of a program to hasten the revitalization of the area. Planning and Zoning and CRA staff have been working on the Redevelopment Plan since 1996. A draft of the plan went to the City Commission in November, 1996 and was not approved due to controversy over the development of the Yake property. The City, CRA, and Treasure Coast Regional Planning Council joined together to hire a planning consultant and conducted a planning charrette in November, 1997. The purpose of the charrette was to develop consensus within the community on redevelopment of the North Federal Highway Corridor. A report was prepared by the consultant and submitted to the City in August, 1998. The concepts from this report have been incorporated into the redevelopment plan. Community Redevelopment Agency The CRA reviewed the proposed Plan at its February 11, 1999 meeting. The Board voted unanimously to recommend adoption of the Plan. The CRA recommended that the bike path remain on North Federal Highway instead of being relocated to Dixie Highway. The proposed roadway section for Federal Highway in the plan will increase the amount of on-street parking. Staff agrees with the consultant that the bicycle lane, located between the drive lanes and the parking lane, is hazardous. This change has not been incorporated into the Plan, but is still open for discussion. The CRA also requested that the landscape buffer along the railroad be extended southward from George Bush Boulevard to NE 4th Street. This change has been incorporated into the Plan. Planning & Zoning Board The Planning and Zoning Board reviewed the proposed Plan at its meeting of February 22, 1998. The Board recommended adoption of the Plan by a vote of 5 to 0 (Eliopoulos & McCarthy absent) with the following two changes: City Commi§sion D~cumentation North Federal Highway Redevelopment Plan Page 2 1. Maintain the special landscape setback if off-street parking is placed directly abutting the roadway; and, 2. That the City identify and initiate the alleyway abandonments. These two changes have been incorporated into the Plan. By motion, adopt the North Federal Highway Redevelopment Plan. Attachments: · North Federal Highway Redevelopment Plan Federal I-Iighwa§ Redevelopmen Plan March, 1999 Ci'c9 oi~ Delta9 Beach Delra9 Beach Communi'c~] Redevelopment Agenc9 im,mmm CITY UMITS m~mmmmmm,mm,mmmmmmm,m)_tcm,l, mm,mm:mJmmmmml, mm,m.~ammm~ eo~l~e~ ~ / / (COU 0 D} ~ I I I PRESBY~RIAN CHURCH ~ v 'T~ I~l I ~11 I '- ~_ - ~.. .~ u ~ ~ / m ~ [~ SEACREST ~N[ ~ m~ ~ I~1~ --/ // __m ~.v~ ) / I < /X X )/ ~ n ~ ~ / .... .. -~ ~// / / I ~ ~~ ~ ~; /~1./-I'~-- ........... ,~ I / I ~ ~~ J~'-~' ~"'""" ~"~-'-' ~/~ - ............. I ~ /,t~ ~~; ~/ ~o%~~ I ~ .~T I / / ' '" ~' "'"~":', .-. - /~' " ,' ,. ,. / . . . . ~.~ ~. _~ ~ -n = M.S.A. I II / I I G~PHIC SCALE O 100 0 500' ~ NORTH FEDE~L HIGHWAY " z o ,~..,.~ ~., EXISTING WATER LINES ~~ ~ ~o ~ ~Z c~ or DELRAY BEACH. FL CITY LIMITS "," ":" "'" · · · ¢ ~ -- m~/r~L ~ ~ ~rE~ -- LEGEND: FIRE HYD~NTS ~ VALVES - WATER MAIN ~ REDEVELOPMENT AREA ~ ~ ~ m GRAPHIC SCALE N NORTH FEDERAL HIGHWAY lOO' o 500' oz PLANNINO DEPARTMENT EXISTING SEWER LINES so, 2so, m© - CITY OF DELRAY 8EACH, FL O CITY LIMITS ...sss,.ss ~ Z -- D/C/I'AL 8ASE ~'AP SYSTE,~ -- LEGEND: MAN HOLE o LIFT S'&TION.. · SEWER MAIN .,..q 03 *--._ REDEVELOPMENT AREA ~ mm TABLE OF'CONTENTS~ EXECUTIVE SUMMARY ......................................................................................... vi INTRODUCTION The Study Area ................................................................................................................ 1 History Of The North Federal Highway Corridor .............................................................. 1 Purpose Of The Redevelopment Plan ............................................................................. 3 The Planning Process ..................................................................................................... 5 EXISTING CONDITIONS Introduction ...................................................................................................................... 8 Data Collection ................................................................................................................ 8 Existing Land Uses .......................................................................................................... 8 Commercial Activities ...................................................................................................... 9 Future Land Use Map And Zoning .................................................................................. 9 Future Land Use ................................................................................................. 10 Zoning ................................................................................................................. 12 Population And Demographics ...................................................................................... 14 Infrastructure ................................................................................................................. 14 Traffic And Transportation .................................................................................. 14 Water And Sanitary Sewer Service ..................................................................... 15 Storm Water Collection ....................................................................................... 18 Electrical And Telephone Distribution ................................................................. 18 Fire Protection .................................................................................................... 18 Police Crime Report ...................................................................................................... 19 OPPORTUNITIES AND CONSTRAINTS Introduction .................................................................................................................... 20 Commercial Development ............................................................................................. 20 i Residential Development ............................................................................................... 21 Vacant And Dilapidated Structures ................................................................................ 21 Market Demand Analysis ............................................................................................... 22 Retail Demand .................................................................................................... 22 Office/Light Industrial Demand ............................................................................ 22 Streetscape And Beautification ..................................................................................... 26 Streetscaping ...................................................................................................... 26 Entrance Features .............................................................................................. 26 FEC/Dixie Highway Corridor .......................................................................................... 26 Crime Management And Public Safety .......................................................................... 26 Traffic Concurrency ....................................................................................................... 27 CRA Business Assistance Programs ............................................................................. 27 THE REDEVELOPMENT PLAN Introduction .................................................................................................................... 28 Future Land Use ............................................................................................................ 29 Zoning ........................................................................................................................... 29 Land Development Regulations .................................................................................... 29 Depth Of Commercial Development ................................................................... 31 Building Placement on North Federal Highway .................................................. 31 Federal Highway Oveday Distdct ........................................................................ 32 FEC/Dixie Highway Corridor .......................................................................................... 33 Elimination Of Dilapidated Structures And Properties ................................................... 34 Vehicular Traffic Circulation ........................................................................................... 34 Pedestrian Traffic Circulation ........................................................................................ 36 Residential Neighborhood Stabilization ......................................................................... 37 Street Beautification ............................................................................................ 37 Street Lighting ..................................................................................................... 38 ii Neighborhood Park ...................................................................................... : ...... 39 .... Alleyways ............................................................................................................ 39 City Entrance Signage ................................................................................................... 40 Police Sub-Station ......................................................................................................... 40 Implementation .............................................................................................................. 40 Land Acquisition ................................................................................................. 41 Funding Sources ........................................................................................................... 41 iii LIST OF TABLES Table # Title Page 1 Existing Land Uses In The North Federal Highway Corridor ...................... 8 2 Existing Non-Residential Uses In The North Federal Highway Corridor .......................................................................... 9 3 North Federal Highway Corridor Incident Calls By Type: 1995-1997 .......................................................... 19 4 North Federal Highway Corridor- Retail And Office-Industrial Market Demand Potential: 1996-2015 .................................................... 24 5 North Federal Highway Corridor New Development Potential ..................................................................... 25 6 North Federal Highway Redevelopment Plan Preliminary Cost Estimates ...................................................................... 41 iv LIST OF FIGURES Figure # Title Page 1 North Federal Highway Study Area ............................................................ 2 2 Generalized Existing Land Use .................................................................. 7 3 Future Land Use Map (FLUM) ................................................................. 11 4 Existing Zoning ......................................................................................... 13 5 Existing Water Lines ................................................................................ 16 6 Existing Sewer Lines ................................................................................ 17 7 Market Study Zones ................................................................................. 23 8 Proposed Zoning ...................................................................................... 30 9 Proposed Roadway Section for North Federal Highway .......................... 31 10 Proposed Section for Dixie Highway ........................................................ 33 11 Proposed Improvements - Lake Avenue South ....................................... 37 EXECUTIVE SUMMARY North Federal Highway Redevelopment Plan City of Delray Beach Community Redevelopment Agency The North Federal Highway Redevelopment Plan provides the framework for the future redevelopment of the North Federal Highway Corridor, located between NE 4th Street and the north city limits. The plan was produced by the Community Redevelopment Agency and the City of Delray Beach. The report is organized into .four sections: The Introduction describes the Study Area. It gives a brief background and history of the North Federal Highway Corridor in terms of what factors led to current conditions in the area. It also describes the purpose of the Redevelopment Plan and gives a brief summary of the planning process that helped shaped the contents of the Plan. The Existing Conditions section describes the Corridor in terms of the factors that affect development and quality of life in the area. It contains a brief description of the existing land uses, zoning, and Future Land Use designations in the area. An analysis of traffic conditions, as well as the infrastructure and a description of crime problems are also included. The Opportunities and Constraints section examines the relationship between the existing conditions and the Corridor's redevelopment potential. The section outlines problems in the area that hinder redevelopment as well as strengths that may be catalysts for redevelopment. The Redevelopment Plan section outlines the framework for the future redevelopment of the North Federal Highway Corridor, including the actions that the City will take to facilitate redevelopment. The overall purpose of the Redevelopment Plan is to capitalize on the strengths of the area and provide methods to deal with the weaknesses. The North Federal Highway Redevelopment Area can become a premier place to live, work, shop and relax. The missing element is a good plan for the area emphasizing the following basic principals: [] Reconstruction of North Federal Highway utilizing traditional neighborhood principles to facilitate pedestrian movement and neighborhood connections; r~ Completion of the road network; Q Proper connection of the existing neighborhood to future redevelopment areas; vi Creation of new pubfic places; Encouragement of a greater diversity of uses for commercial development; and, Improvement of the perceived image and overall physical appearance of the areaw police, code enforcement, neighborhood plans, beautification. There is tremendous redevelopment potential for the North Federal Highway corridor. It is the next logical expansion of the downtown revitalization efforts. As a whole, the area is significantly underdeveloped. Vacant properties and buildings provide opportunities for redevelopment and depressed real estate values make property acquisitions in this area more affordable. Opportunity is evidenced by recent reinvestment in the area with the construction of new housing and commercial businesses. Given the current trends, it is probable that the Corridor would eventually recover and be redeveloped without much governmental intervention. Major public expenditures downtown have strengthened the entire area and created a positive atmosphere for private investment. It should be the private sector rather than the public sector that is the driving force behind the redevelopment initiative on North Federal Highway. The role of the public sector is to provide direction, remove obstacles, and promote the area. vii INTRODUCTION PAGE 1 THE STUDY AREA The City of Delray Beach "North Federal Highway Corridor," (shown graphically on Figure 1, page 2), is defined as the area of the City bordered by the F.E.C. Railroad on the west; the Community Redevelopment Area (CRA) boundary on the east; NE 4th Street on the south and the city limits to the north. HISTORY OF THE NORTH FEDERAL HIGHWAY CORRIDOR -- The North Federal Highway area was historically platted in three distinct phases. The section between NE 4th Street and George Bush Boulevard was subdivided by several plats recorded in 1913. The area just north of George Bush Boulevard (Sofia Frey subdivision) and the Lake Avenues (La Hacienda) were platted in 1926. The Bond Way area (Kenmont) and areas north of La Hacienda were platted between1946 and1950. Early development in the area consisted of a mix of single family homes and commercial uses which were highly dependent on the tourist trade. These uses, including trailer parks, auto repair, filling stations, and small motels continued to thrive during this period, since Federal Highway was the principal route for travelers to reach South Florida. Completion of the Florida Turnpike and 1-95 reduced the importance of Federal -- Highway as a mute for tourists bound for South Florida. The opening of Walt Disney World in 1971 also contributed to the decline of the corridor, as many tourists began stopping in the Orlando area rather than continuing to South Florida. These changes in -- the Florida tourist industry combined to marginalize the Federal Highway corridor as a tourist destination. Inevitably, the loss of a customer base led many businesses to become obsolete and disappear. Economic activity and property values continued to decline throughout most of the 1980s. At the same time, many commercial structures and residences in the area were falling into disrepair due to age and neglect. As businesses left the area, they were often replaced by marginal uses located in poorly maintained buildings with inadequate _ parking and landscaping. While the physical appearance of these uses contributed to the negative image of the area, several locations created more serious problems for the stability of the neighborhood. Declining motels, trailer parks, and an adult book store became attractors for criminal activities, such as drug sales and prostitution. The presence of these activities inhibited investment in the area and deepened the decline. The City has taken steps in recent years to help stabilize the area. It purchased the Adult Book Store property and resold it to a farm equipment dealer. The Deiray Beach Police Department began working with neighborhood groups to help reduce problems with drugs and prostitution in the area. Following the enclave annexations, City water and sewer services were extended to most properties. In 1995, the last County "pockets" along the North Federal Highway corridor were annexed into the City. INTRODUCTION PAGE 2 loo' o GRAPHIC SCALE 5o0,1 ~ NORTH FEDERAL HIGHWAY PLA..,.° DEPA.~.E.T STUDY AREA C,T¥ Lm~mTS........... / Cl~ OF DELRAY BEACH, FL REDEVELOPMENT AREA ~ I J -- DIGITAL BASE MAp SYSTEM -- INTRODUCTION PAGE 3 Private investment has also increased in the past few years. New development and redevelopment in the area include: Kokomo Key, a 133 unit townhouse development, establishment of the Del-Sol Patio Furniture outlet, Ellie's Diner and Borton Volvo, conversion of the old Miller Dodge site into a Kawasaki motorcycle and jet ski dealership, and a major redevelopment of the Delray Swap Shop property. Additionally, many businesses in the area have installed landscape improvements in response to the City's 1993 landscape compliance ordinance. The new landscaping has helped to improve the appearance of the area. Notwithstanding recent improvements, the area still has a long way to go before the blight is eliminated. The City is preparing this redevelopment plan to build upon those recent advances and help speed up the revitalization of the corridor. PURPOSE OF THE REDEVELOPMENT PLAN In preparing its vision for the future in the 1989 Comprehensive Plan, the City of Delray Beach realized that the City was rapidly approaching build-out. It was also evident that future increases in ad-valorem tax revenues would become more and more dependent upon the value of existing properties and less dependent on new development. This fact and a growing realization of the importance of neighborhood stability, led the City to refocus its attention toward redevelopment and revitalization of the older sections of Delray Beach. Recognizing that several of these older areas were becoming increasingly blighted and that property values were declining, the City adopted a pro- active approach to stop the decline. The following Goal statement from the Comprehensive Plan represents the starting block upon which its implementation strategy has been built: A major part of the implementation strategy is for the City to prepare and adopt "Redevelopment Plans" for declining areas of the City. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. This designation effectively acts as a holding zone on each area, where Future Land Uses designations will not be assigned until a Redevelopment Plan has been completed and adopted. Although the North Federal Highway Corridor is not identified as one of the six redevelopment areas, the City's Comprehensive Plan and the CRA's Community Redevelopment Plan both identify the area as blighted and call for the preparation of a program to hasten the revitalization of the area. The following language, excerpted from Future Land Use Element Policy C-1.4 in the City's Comprehensive Plan, gives a description of the program: INTRODUCTION PAGE 4 Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The CRA will be the lead agency for the preparation of an Improvement Program for the North Federal Highway Corridor. The City, through its Planning and Zoning Department will provide support and assistance to the CRA in the preparation of the North Federal Highway Corridor Improvement Program. The program will, at a minimum address the following issues: · Improvement of the appearance of the area; · Identification of appropriate uses for parcels adjacent to Dixie Highway and the FEC railroad tracks; · Identification of and strategies for the elimination of inappropriate and marginal uses; · Provision for increases in permitted residential densities adjacent to the Intracoastal Waterway; · Directing smaller business operations to more concentrated areas; · Providing economic Stimulation and investment in the area; · Creation of jobs; · Stabilization and preservation of residential neighborhoods through new development, redevelopment and the elimination of blight. This document is the Redevelopment Plan for "The North Federal Highway Corridor." The Plan will attempt to reflect the essence of the community's redevelopment needs for the future. These needs will then be addressed by determining what regulations are appropriate and how they fit into the overall design concept. The elimination of blight through redevelopment will be made possible by promoting a healthy mix of commercial and residential development, coexistence of automobile, pedestrian, and bicycle traffic and the orderly development of vacant parcels. INTRODUCTION PAGE 5 THE PLANNING PROCESS City staff began developing the concepts that led to this plan in 1995, following annexation of the last county enclaves in the North Federal Highway corridor. Now that the City finally had jurisdiction over all property along the corridor, it became possible to implement a coordinated redevelopment program for the area. Since redevelopment of the corridor is just beginning to take place, the City still has considerable opportunity to influence and guide the effort. City and CRA staff first presented their ideas for redevelopment of the corridor at a public meeting held on March 25, 1996. The meeting was well attended by residents of '~- the neighborhoods within and around the study area. The residents expressed concerns regarding the future of their neighborhoods, given the City's ambitious redevelopment program. On April 10, 1996, the City and CRA held a second public ' meeting to gather information for the preparation of the plan. That meeting, which was also heavily attended, indicated significantly different priorities for area residents, residents of surrounding areas, and owners of commercial properties and businesses in the area. In order that each of the three groups would have an adequate forum for their concerns, the City and CRA held special meetings with each of the groups. The comments received at all of those meetings helped to shape the contents of the first draft of the Redevelopment Plan. One of the major elements of the Plan was to add a High Density Residential category to the zoning code and apply it to the 17-acre Yake property, adjacent to the Intracoastal Waterway. Concerns over increased traffic and compatibility with adjacent single-family development caused residents in the area to oppose the Plan. The City Commission denied the Plan on November 5, 1996. Staff was directed to work with the residents and businesses in the area to build a consensus on the scope of the plan - and then revise it accordingly. The City and CRA entered into partnership with the Treasure Coast Regional Planning Council (TCRPC) to prepare a new redevelopment plan. TCRPC in turn hired the private consulting firm of Dover, Kohl & Partners to conduct an intensive planning workshop called a "charrette", and prepare final recommendations for the redevelopment of the area. In November, 1997, a group of residents and property owners gathered together with public officials, City staff, CRA staff, and professional planners from Dover, Kohl and Partners and the Treasure Coast Planning Council to voice their opinions and propose specific courses of action for the area's future growth and development. The purpose of the workshop was to gather citizen input and then meld all of the proposed ideas into one development plan. This was accomplished in a two step process. First, the participants were divided into five groups. Working with a professional planner, each group expressed their ideas with drawings on a map of the area. Next came the presentation by each group of their proposed plan. As each plan was presented, it became apparent that many of the ideas, while slightly different, had INTRODUCTION PAGE 6 common themes. The groups' suggestions included extensive landscape improvements; placing buildings closer to the street; and better utilization of Dixie Highway. Other ideas included traffic calming in neighborhoods south of the Swap Shop; revitalizing the Swap Shop and the Delray Shopping Center; developing waterfront parks; and promoting mixed use development. The participants also agreed that North Federal Highway should not compete with Atlantic Avenue, but compliment it by becoming a "workplace" with office buildings as opposed to boutiques and specialty shops. Immediately following the charrette, the joint team of planners from the Treasure Coast Regional Planning Council and the private consulting firm of Dover, Kohl & Partners began to develop their professional interpretation of the plan based on the extensive public input. The charrette participants gathered again in February, 1998 for a formal presentation of an overall illustrative plan and redevelopment concepts by the consultants. A final report including all the consultant's recommendations was presented to the City in August, 1998. Many of the elements included in the report have been incorporated into this "Redevelopment Plan". EXISTING CONDITIONS PAGE 7 I / RES ~ NORTH FEDE~L HIGHWAY GENE~LIZED EXISTING ~ND USE ~i~' *~' P~ANNING DEPARTMENT Cl~ OF DELRAY BEACH, FL CITY LIMITS I-- ~/~/~ ~E ~P S~E~ ---- RES-R[SI~ C~-~MMERC~ I/M-INDU~R~(~UF~TU~NC) REDE~LOPMENT AREA m m EXISTING CONDITIONS PAGE 8 INTRODUCTION This section of the Plan describes the North Federal Highway Corridor in terms of the factors that affect development potential and quality of life in the area. It contains a brief description of the existing land uses, zoning, and Future Land Use designations in the area, as well as traffic conditions, infrastructure and crime problems. DATA COLLECTION The CRA has compiled a database of all properties within the Study Area. The information in the database includes the property control number, property area, property ownership, building area in square feet, occupancy information, existing land use, use of the property by Standard Industrial Classification (S.I.C.) code, existing parking and assessed value. The following land use and other property information is based on this database. EXISTING LAND USES There are approximately 143 acres (not including road rights-of-way) in the Study Area. Corridor development is focused on commercial properties fronting Federal Highway, but the area also contains pockets of deteriorating residential structures, and several large vacant parcels. The residential portion of the Study Area consists of several subdivisions on the east side of Federal Highway, containing a mix of single family and multiple family structures. Several industrial uses and a number of vacant parcels and structures are distributed throughout the area. The "Generalized Existing Land Use Map," (Figure 2, page 7) shows the distribution of the commercial and residential uses in the area and Table 1, below gives a breakdown of these uses by type. Table 1 Existing Land Uses in the North Federal Highway Corridor # of Acres Land Area % Land Bldg. Area % Bldg. Land Use Parcels (Sq. Ft.) Area (Sq. Ft.) Area Auto Repair/Gas 18 4.51 196,620 3.16% 36,373 6.65% Industrial 5 3.33 144,960 2.33% 42,428 7.75% Mobile Home Park 1 1.80 78,371 1.26% 1,426 0.26% Motels 4 3.58 156,108 2.51% 13,533 2.47% Multi Family 20 15.80 688,447 11.08% 41,016 7.50% Mixed Commercial 10 5.17 225,418 3.63% 51,909 9.49% New Car Sales 6 8.09 352,555 5.67% 55,116 10.07% Office 16 4.76 207,373 3.34% 35,208 6.43% Parking/Auto storage 2 0.92 40,043 0.64% 0 0% Restaurant 12 6.54 284,994 4.59% 23,135 4.23% Retail 35 24.84 1,082,193 17.41% 130,146 23.78% Services 4 0.91 39,527 0.64% 9,841 1.80% EXISTING CONDITIONS PAGE 9 # of Acres Land Area % Land Bldg. Area % Bldg. Land Use Parcels (Sq. Ft.) Area (Sq. Ft.) Area Single Family 93 23.06 1,004,422 16.16% 98,386 17.98% Storage 2 1.25 54,550 0.88% 4,809 0.88% Used Car Sales 3 2.41 104,810 1.69% 3,883 0.71% Vacant Lots 37 35.69 1,554,739 25.02% 0 0% TOTALS 268 142.66 6,2'15, '130100% 547,209 100% COMMERCIAL ACTIVITIES The commercial portion of the study area contains a mix of retail, office, service, industrial, and residential uses. The area south of George Bush Boulevard contains a concentration of automobile related uses, while general retail and service uses are predominant north of George Bush Boulevard. A large proportion of the retail uses within the area have some or all of their inventory in second hand merchandise. A number of restaurants are scattered throughout the area. Table 2, below, gives a breakdown of these uses by type. Table 2 Existing Non-Residential Uses in the North Federal Highway Corridor Land Use Number % General Retail 23 18.11% Retail (2nd Hand) 15 11.81% Auto Sales (New) 3 2.36% Auto Sales (Used) 3 2.36% Gas Station/Auto Repair 14 11.02% Restaurant 10 7.87% Service 15 11.81% Storage 1 0.79% Office 15 11.81 % Industrial 2 1.57% Motel 3 2.36% Vacant 23 18.11% Total 127 100% FUTURE LAND USE MAP AND ZONING The Future Land Use Map (FLUM) and Zoning Map specify the land uses, type and specific uses that are permitted on a parcel. These, along with the Land development regulations, which deal with spatial relationships of improvements, are the primary tools by which the City regulates development within its boundaries. EXISTING CONDITIONS PAGE 10 FUTURE LAND USE Several Future Land Use Map designations apply within the study area. Low Density Residential, Medium Density Residential, General Commercial, Transitional, and Conservation FLUM designations are each applied to at least one property in the area. The "Future Land Use Map," currently in effect for the area, is shown on Figure 3 (page 11). The following paragraphs describe the FLUM Designations shown on this map. Low Density Residential A part of one existing single family residential neighborhood (Allen Avenue) in the Study area is designated as Low Density Residential on the City's Future Land Use Map. This designation allows residential development at densities of less than 5 units per acre. All residential zoning districts, except RM (Medium Density Residential) are consistent with the Low Density Residential FLUM designation, including R-lA (Single Family), RL (Low Density Residential), and PRD (Planned Residential Development). Residential units in the Low Density residential designation should be primarily single family, but duplex, multiple family, or townhouse units may be constructed in the PRD and RL zoning districts. Medium Density Residential The remaining residential properties in the study area are designated as Medium Density Residential on the City's Future Land Use Map. This designation permits residential units at densities of 5-12 units per acre. All residential zoning districts, including those consistent with Low Density Residential, are consistent with the Medium Density Residential FLUM designation. The residential units may be single family, duplex, multiple family, or townhouse. General Commercial The General Commercial Land Use designation is applied to parcels that have frontage on Federal Highway, Dixie Highway, and/or George Bush Boulevard. All commercial zoning districts (except CBD) are consistent with General Commercial FLUM designation. Transitional The Transitional FLUM designation is often used for an area of intermediate intensity between commercial uses and residential uses. Zoning designations which accommodate office uses, medium density residential uses, and very limited commercial uses are consistent with the Transitional Land Use designation. The Transitional designation is applied to a few small parcels located to the rear of existing commercial uses in the study area. EXISTING CONDITIONS PAGE 11 LD CF-$ .... ~ MD 0S-C .... ~ .... LD ~ os { ~~ ~ CF-C ~ CF N NORTH FEDERAL HIGHWAY ~ FUTURE LAND USE MAP L U M '~' PLANNING DEPARTMENT .... ~25' 5(~0' CITY OF' DELRAY BEACH, FL OS-OPE~ ~;PJ~C[ TRN--T/~kN$1TIONALCF-~MUN~ F~I~ EXISTING CONDITIONS PAGE 12 ZONING There are five zoning designations currently applied within the North Federal Highway Corridor: RM (Medium Density Residential); RL (Low Density Residential); R-I-A (Single Family Residential); GC (General Commercial); and, AC (Automotive Commercial) The zoning designation assigned to a parcel is an important factor in its development potential. Zoning establishes the uses allowed as well as setbacks, height limits, and other development standards for structures on the parcel. District locations are shown on the "Existing Zoning Map," (Figure 4, page 13). The following paragraphs briefly describe the zoning districts that are applied within the study area. RM (Multiple Family Residential - Medium Density) The RM district allows a variety of housing types at densities of 6 to 12 units per acre. The district furthers the goals of Goal Area "C" of the Housing Element of the Comprehensive Plan. These goals include: provision of a variety of housing types, provision of affordable housing for moderate and middle income families, particularly first time home buyers, and meeting the housing needs of Iow and moderate income families. RL (Multiple Family Residential - Low Density) The RL district allows a variety of housing types at densities of up to 6 units per acre. Like RM, the district furthers the goals of Goal Area "C" of the Housing Element of the Comprehensive Plan. R-"I-A (Single Family Residential) The R-1 zoning districts were created to provide areas of single family detached residences and to protect those areas from the intrusion of inappropriate uses. The R-1-A district permits single family residential units with a minimum lot area of 7,500 square feet. Additionally, R-1-A accommodates some non-residential uses (churches and daycare facilities) as conditional uses. The R-1-A designation is applied to the residential area on Allen Avenue. GC (General Commercial) The GC district is intended for small parcels of land that are suited to small scale retail, service, and office uses. Most of the land adjacent to North Federal Highway in the study area is designated GC. EXISTING CONDITIONS PAGE 13 FIGURE ,~ EXISTING ZONING --~ CRAPH,C SCALE N NORTH FEDERAL HIGHWAY ~o. ,ooo' PLANNING DEPARTMENT ~o-~...m~ omc~ cr-c~u~u.rr¢ ~c._r~ ~-~ ~ 125' 5uO' CITY OF DELRAY BEACH, FL ~_~,~ ~T ~--~ F~LY ~T~ REDE~LOPMENT AREA ~ I I DICITAL ~SE ~AP S~fEM --- .,¢-.~ ~ a ~ .-~-~-~ r~Y ~ (~ ~ OVERLAY DISTRICT ~ I EXISTING CONDITIONS PAGE 14 AC (Automotive Commercial) ' The AC district is intended to provide areas for the sale, lease or rental of automobiles. Full service dealerships, with attendant accessory service uses are also permitted. Free-standing full service and specialized vehicle repair shops are permitted as conditional uses within the district. This zoning district is applied to several areas of the corridor with frontage on Federal Highway. Three larger sites support four new car dealerships while the balance contain small used car sales and auto service uses. POPULATION AND DEMOGRAPHICS The most recent demographic data available for the study area are from the 1990 United States Census of Population. In 1990, the area had approximately 125 housing units with a total population of 240 persons. There were 52 children (21.7%) and 188 (78.3%) adults. INFRASTRUCTURE TRAFFIC AND TRANSPORTATION Traffic Counts The Palm Beach County Engineering and Public Works Dept. and the Metropolitan Planning Organization of Palm Beach County maintain traffic counts on all State and County Roads. Within the general area, counts are available for Federal Highway, George Bush Boulevard, and Gulfstream Boulevard. Federal Highway is the most heavily traveled roadway segment in the area with approximately 20,161 average daily trips (ADT) (1998 count). This figure is well below its design capacity of 29,400 ADT. Loss of the tourist market, marginal business and blighted conditions have resulted in declining traffic volumes for the North Federal Highway corridor. In fact, traffic volumes have dropped neady 14% since 1990. Federal Highway and FDOT Since Federal Highway is a State highway through the study area, maintenance and improvements in the right-of-way are carried out by the Florida Department of Transportation (FDOT). FDOT installed a number of improvements along North Federal Highway in 1997 and 1998. Those improvements consisted of the addition of bicycle lanes, resurfacing and the reconfiguration of median cuts to provide for smoother traffic flow in the area. On-street parking was retained in the area. Condition of Streets Generally, streets in the study area are in good condition. Local streets in the La Hacienda subdivision were resurfaced in 1993. Federal Highway was resurfaced with EXISTING CONDITIONS PAGE 15 the FDOT improvements (1998). There are-~-a few substandard conditions with the existing street system. Eastview Avenue, NE 8th Avenue, and Palm Trail dead-end without a proper cul-de-sac or turn-around area and Royal Palm Boulevard is currently unimproved. Proposed improvements to the existing street system will be discussed in the Redevelopment Plan section of this report. Alleyways A few alleys exist in the North Federal Highway area and most are unimproved. Within the residential areas, property owners use the unimproved alleys as part of their backyards and there are many encroachments into the right-of-ways. It is unlikely that paving of these alleys will be required to serve new development in the area. Since the City does not have plans for improving these alleyways, they should be considered for abandonment in order to return the property to adjacent property owners. Public Transportation Mass transit in the North Federal Highway area is provided by Palm Tran. The City of Delray Beach is served by five Palm Tran Bus routes. Although only one of these routes (Route 1) has stops on North Federal Highway, transfer locations along the route give passengers access to a number of destinations within Palm Beach County. Bus Stops are conveniently spaced along the corridor with 8 stops northbound and 5 southbound. Buses run from 6:00 AM to 9:00 PM on weekdays with a 30 minute headway, 7:30 AM to 7:30 PM on Saturday and 9:30 AM to 5:00 PM on Sunday, both with a 60 minute headway WATER AND SANITARY SEWER SERVICE Water service is provided by the City throughout the study area. The primary service is via an 8" main located in Federal Highway. A network of 6" and 8" mains distribute water to all properties in the study area. The existing mains are adequate to provide service for existing as well as anticipated development. Figure 5 (page 16) shows the existing water service network in the area. Sewer service is provided to the area by the City, in conjunction with the South Central Regional Waste Water Treatment and Disposal Board. A network of sanitary sewer mains serves most parcels in the area. Extensions of the existing mains may be required for the development of some vacant parcels. Figure 6 (page 17) shows the existing sanitary sewer service network in the area. According to the Comprehensive Plan, the City's water treatment plant and the South Central Regional Wastewater Treatment facility will both be operating under capacity at build-out. The provisions of this Redevelopment Plan will not significantly increase the overall demand for water and sewer service in the City, therefore, adequate sanitary sewer and water treatment capacity will be available to serve the study area at build-out. EXISTING CONDITIONS PAGE 18 STORM WATER COLLECTION The City adopted a Stormwater Master Plan in 1993 (revised in 1994). The plan identifies the storm drainage level of service (LOS) in all areas of the City and identifies locations requiring improvements. Storm drainage for Federal Highway is provided by a series of catch basins leading to a 54" storm sewer that outfalls into a drainage ditch connected to the Intracoastal Waterway. The drainage Level of Service within the study area is "C". No drainage problems or required drainage improvements are identified for Federal Highway. The area east of Federal Highway does not have positive drainage, however, overland flow and infiltration appear to be adequate to curtail major problems. A large undeveloped parcel, adjacent to the Intracoastal Waterway (Yake Property), currently receives run-off from adjacent residential subdivisions to the west. A new 82-unit townhouse project was recently approved on this Property. The project, known as "The Estuary", included catch basins in adjacent rights-of-way and adequate retention ponds to accommodate the existing off-site sheet flow. ELECTRICAL AND TELEPHONE DISTRIBUTION Existing Service: Telephone and electrical service are available within the study area from existing lines located in road and alley rights-of-way. Although no deficiencies or required upgrades are noted at this time, the visual appearance of overhead utility lines is degrading to the appearance of the area. Many residents and business owners have expressed concerns regarding street lighting in the area. The City in cooperation with Florida Power and Light recently increased the intensity of the street lights on North Federal Highway. Request for improved neighborhood lighting can also be handled on a case- by-case basis as problems are reported to Public Works. FIRE PROTECTION Fire protection is provided from Station #2, located on Andrews Avenue, just north of Atlantic Avenue. Back-up service is provided from Station #1 on Atlantic Avenue and Station #4 on Lake Ida Road. The existing stations provide adequate service to the study area with a 5 to 6 minute response time. The City will monitor fire protection for the area as new development is proposed. Fire hydrants are distributed throughout the study area. LDR requirements for hydrant spacing are a maximum of 500 feet in residential areas, 400 feet in multi-family residential areas, and 300 feet in commercial areas. Those spacing requirements are met for most of the area. Additional hydrants may be required with development of vacant portions of the study area. EXISTING CONDITIONS PAGE 19 POLICE CRIME REPORT The Delray Beach Police Department maintains crime figures for the City tabulated by a number of patrol grids. The study area is located within five grids (10, 50, 80, 250, and 260). The crime statistics shown in Table 3 are compiled from the statistics for those five grids which represent approximately 2.5% of the total city area. While they do contain properties outside the study area, these grids are primarily made up of properties within the area. The statistics include five categories: Part-1 Property Crimes, Part-1 Persons Crimes, Narcotics Arrests, Nuisance Incidents, and Suspicious Incidents. Part-One Property Crimes includes arrests for auto theft, burglary, and larceny. Part-One Persons crime includes arrests for homicides, assault and battery, sex crimes, and robbery. Narcotics Arrests include all arrests for drug offenses. Nuisance Incidents are reports of activities such as unlawful assembly, noise, disorderly conduct and intoxication, and unlawful discharge of a firearm. Suspicious Incidents include trespassing, loitering, and prostitution reports. Table 3 North Federal Highway Corridor incident Calls by Type: 1995-1997 1995 1996 1997 Crime Type Number % of Number % of Number % of Citywide Citywide Citywide Part-1 Property Crimes 274 4.6% 208 3.8% 247 4.5% Part-1 Persons Crimes 21 3.4% 26 2.5% 13 1.4% Narcotics Arrests 14 4.9% 2 2.4% 1 2.0% Nuisance Incidents 63 9.0% 96 4.0% 172 5.1% Suspicious Incidents 274 5.7% 240 5.4% 340 5.2% Traffic Related Calls 672 5.7% 764 5.9% 949 4.9% Totals I I 5.4%1 3351 5. %1 7221 Source: City of Delray Beach Police Department, 1998 Crime in the area increased significantly between 1995 and 1997. However, Serious crimes including Part-1 crimes and Narcotics Arrests decreased in that time. Nuisance Incidents, Suspicious incidents and Traffic Related Calls all increased. Unfortunately, it is these types of activities which contribute to the area's negative image and effect the quality of life for its residents. The numbers indicate that the area continues to have a problem with these "quality-of-life" crimes. It is also significant to note that these five grids, which contain only 2.5% of the city's total area, account for twice that percentage of police incident calls. OPPORTUNITIES & CONSTRAINTS PAGE 2O INTRODUCTION The previous section "Existing Conditions" contained a general description of the NoAh Federal Highway Corridor in terms of geography, demographics, infrastructure, land use, regulations, etc. This section, "Opportunities & Constraints," builds on that information by relating how current conditions and regulations affect the potential for redevelopment. The section outlines problems in the area that hinder redevelopment as well as strengths that may be catalysts for redevelopment. COMMERCIAL DEVELOPMENT The commercial properties on NoAh Federal Highway are less than 300' in depth. Parcels of this size are most conducive to strip type commercial development, which the City is working to reduce and discourage. While commercial redevelopment is still possible within this depth', development and redevelopment options are limited. Increases to the depth of commercial zoning may be considered to allow for future planned commercial development of the area. Most of the commercial properties on NoAh Federal Highway have a General Commercial zoning designation. While this zoning district generally accommodates the types and intensity of uses that are appropriate for the area, the specific conditions of this area require special development standards that reflect the area's needs and conditions° A NoAh Federal Highway Overlay District was added to the GC district of the LDRs in 1996 to accommodate a mix of commercial and light industrial uses in the area between NoAh Federal Highway and Dixie Highway, noah of NE 14t' Street. A description of this district is included in The Redevelopment Plan section of this report. The Delray Swap Shop is now undergoing major redevelopment. In its original configuration, the Swap Shop had a negative influence on redevelopment of the entire corridor. Overflow parking on adjacent properties and poor visual appearance were two of the major problems. However, participants at the charrette felt that the Swap Shop should be viewed as an opportunity for increasing neighborhood commerce and that it could become an asset to the neighborhood with proper redevelopment and enhancement. It was suggested that a public market plaza be created and that buildings be located adjacent to Federal Highway. As a charrette participant, the owner of the Swap Shop took these suggestions seriously and incorporated them into a major redevelopment effort. Now known as "Delray's Lost Drive-In", the project also includes increased parking, improved traffic and pedestrian circulation and movement of a large number of vendors indoors. Phase One of the redevelopment is expected to be completed in 1999. Phase Two and Three of the project include the construction of two buildings adjacent to Federal Highway and a secondary plaza between the buildings. These buildings will have more traditional hours than the Swap Shop, which will increase economic activity in the area. Overall, the project should have a positive impact on the area and lead to additional investment along the corridor. OPPORTUNITIES & CONSTRAINTS PAGE 21 The participants of the planning char¢~tte agreed that North Federal Highway should not compete with Atlantic Avenue, but compliment it by becoming a "workplace" with office buildings and light-industrial uses as opposed to boutiques and specialty shops. Restaurants, dry-cleaning, daycare, banks, etc. should be provided to meet the daily needs of workers in the area. Additionally, businesses providing goods and services to the local neighborhood market as well as a larger community market are also appropriate. RESIDENTIAL DEVELOPMENT The existing development pattern of Iow density residential housing and the close proximity of commercial properties along Federal Highway creates the potential for conflicts between uses in the study area. Precautions must be taken in the redevelopment of commercial properties along Federal Highway to minimize the conflicts and avoid unnecessary intrusion into the residential neighborhoods. Although the stability of owner-occupied single family housing is generally deemed to be an asset to the area, there is also an intermixing of multiple family structures on small parcels. These multiple family structures have limited parking, landscaping and other facilities, and along with absentee ownership have combined to create substandard conditions. The City encourages additional residential development in the study area. There are few vacant building lots within the existing residential neighborhoods and new development on these lots is limited to infill single and Iow density multiple family housing. Although residential development within these neighborhoods should be allowed to continue in the existing pattern, development code requirements for future multiple family structures must be strictly enforced. One portion of the study area with a high potential for residential development is the vacant parcel adjacent to the Intracoastal Waterway (Yake Property). Site plan approval was recently granted for an 82-unit townhouse project on this site. The potential for mixed-use development consisting of commercial uses on the ground floor and residential units above also exists along Federal Highway. The convenience of living and working in the same area saves time and reduces dependence on the automobile. VACANT AND DILAPIDATED STRUCTURES One factor that hinders redevelopment in the North Federal Highway corridor is the presence of a number of vacant and/or dilapidated structures. These structures give the area a blighted appearance, which discourages investment in other properties. In recent years, many dilapidated structures have been eliminated. The former drug treatment center and the Rusty Anchor restaurant were demolished. The former Tadpole Lounge, the Adult Book Store, the former trailer court south of the Swap Shop, and the Miller Dodge site, were redeveloped or are in the process of being redeveloped OPPORTUNITIES & CONSTRAINTS PAGE 22 with new commercial uses. The elimination of the remaining dilapidated structures, either through demolition or rehabilitation should be an objective of redevelopment efforts in the area. Strategies for eliminating blighted properties are given in The Redevelopment Plan section of this report. MARKET DEMAND ANALYSIS The Community Redevelopment Agency and the City of Delray Beach Planning and Zoning Department envision the redevelopment of the North Federal Highway area to include a mix of uses, particularly retail, office, office-light industrial, and residential. Consequently, the Agency commissioned a market demand analysis for retail and office uses from a market research firm, Marketek, Inc. of Atlanta, GA, for the purpose of quantifying the long-term demand. RETAIL DEMAND Businesses in the North Federal Highway corridor are providing retail goods and services for the local neighborhood market as well as a larger community market. A few businesses such as Del Sol Patio, the Swap Shop, and large furniture stores may appeal to consumers on a regional basis. The market demand study suggests that the Study Area could absorb approximately 150,000 square feet of additional retail space over the next 15 years. This amounts to an average of approximately 10,000 square feet per year. In the first five years, the absorption would be relatively Iow, but as residential development takes place in the area and the local demand for goods and services increases, the absorption rate will begin to increase. Additionally, improvement of the area's physical appearance, reduction of crime, and the establishment of a stronger retail theme, such as factory outlets will also significantly increase the retail absorption rate over the long term. Table 4 describes the projected 15-year absorption rate for retail space. Table 5 describes the potential maximum supply that could be expected on the corridor. This amounts to a total potential of 245,000 additional square feet of retail space. See Figure 7, page 23 for location of market study zones shown in the table. OFFICE/LIGHT INDUSTRIAL DEMAND The Marketek study suggests that the demand for office and industrial space within the corridor amounts to approximately 250,000 square feet over a 15-year period. This demand includes only new space formation and does not include existing businesses shifting locations. It does, however, include expansion space for existing businesses. Marketek suggests that office and light industrial will outpace retail in the short term, five years, as well as the long term, 15 years. There are several factors to suggest a greater strength in office and light industrial for the area. OPPORTUNITIES & CONSTRAINTS PAGE 23 I FIGURE '7 GRAPHIC SCALE N 250' 1000' ~ NORTH FEDERAL HIGHWAY ~ .~o · ,~, ~'L^.,~i.G DE~'ART. ENT MARKET STUDY ZONES ,2S' S~' CITY OF DELRAY BEACH, FL CITY LIMITS I'llI'l'l'l'"'I --- DICIT, AZ ~4SE /¢4P SYSTEM -- REDEVELOPMENT AREA ~ ~ OPPORTUNITIES & CONSTRAINTS PAGE 24 First, there is relatively little land'available in the South Palm Beach County area where small, light industrial users can find attractive locations, particularly with adequate frontage on major roadways. Federal Highway is an excellent location for businesses that wish to sell their products from their place of manufacturing/assembly. The overlay district allows light industrial uses in the commercial area with the stipulation that industrial operations operate in conjunction with a permitted service or retail use located on the premises are contained within an enclosed building with no outside storage. This concept is very important in order to attract smaller businesses that cannot afford to locate in the more expensive planned office/industrial developments in the suburbs whose minimum size lots may be five acres or more. Secondly, North Federal Highway is a major thoroughfare and sites fronting on the road offer businesses the opportunity to market their goods and services on a community and regional basis. Consumers from Boca Raton to West Palm Beach can easily access Federal Highway to seek a product. Thirdly, small office users in South Palm Beach County are scrambling to find relatively inexpensive office space, and the Federal Highway corridor offers the user a known and easily accessible address as well as moderately priced space. With respect to the relationship of physical appearance and safety, as these issues change for the better, absorption rates for office and light industrial space will increase. Table 4 describes the projected 15-year absorption rate for Office-Industrial space. Table 5 describes the potential maximum supply that could be expected on the corridor. This amounts to a total potential of 336,000 additional square feet of office and industrial space. See Figure 7, page 23 for location of market study zones shown in the table. In order to meet the potential office demand, the private and public sectors may have to assemble a few sites large enough to accommodate larger office/light industrial business development. Table 4 North Federal Highway Corridor Retail and Office-Industrial Market Demand Potential 1996-2015 1996-2002 2,396,402 40,000 2% 15,040,277 60,000 0.4% 2003-2009 1,200,164 60,000 5% 16,215,929 120,000 0.7% 2010-2015 1,028,712 50,000 5% 14,655,144 70,000 0.4% TOTAL 4,625,278 150,000 3% 45,911,350 250,000 0.5% Source: Marketek, Inc., 1996 In Delray Beach Market Area In Palm Beach County OPPORTUNITIES & CONSTRAINTS PAGE 25 Table 5 North Federal Highway Corridor New Development Potential ;;'!' I (sqa~re Feet):1; (SquareEeet)I RatiO: I (Square Feet)I Ratio I; (Square:Feet) Retail Developed 490,141 97,144 20% 127,237 26% 30,093 Undeveloped 0 Total 30,093 Office-Industrial Developed 164,760 5,761 3% 57,666 35% 51,905 Undeveloped 317,471 111,115 35% 111,115 Total t63,020 Retail Developed 311,962 16,869 5% 81,110 26% 64,241 Undeveloped 191,465 49,781 26% 49,781 Total 114,022 Office-Industrial Developed 144,661 13,178 9% 50,631 35% 37,453 Undeveloped 191,465 67,013 35% 67,01~3 Total 104,466 Retail Developed 425,508 59,228 14% 110,632 26% 51,404 Undeveloped 153,044 39,791 35% 39,791 Total 91,195 Office-Industrial Developed 103,230 29,136 28% 36,131 35% 6,995 Undeveloped 51,014 17,855 35% 17,855 Total 24,850 Retail Developed 193,037 46,703 24% 50,190 26% 3,487 Undeveloped 22,875 5,948 26% 5,948 Total 9,435 Office-Industrial Develo peal 289,771 57,135 20% 101,420 35 % 44,285 Undeveloped 0 Total 44,285 Grand Total Potential New Retail Grand Total Potential New Office-Industrial Source: Marketek, Inc., 1996 OPPORTUNITIES & CONSTRAINTS PAGE 26 STREETSCAPE AND BEAUTIFICATION STREETSCAPING The appearance of the rights-of-way in the study area has been cited as a problem by several residents. By contributing to the area's run-down appearance, the lack of landscaping and other improvements may hinder redevelopment. The installation of streetscape improvements is an important factor in revitalization as proven by the impact of Atlantic Avenue beautification on the rebirth of the downtown. These improvements will be discussed in the Redevelopment Plan section of this report. ENTRANCE FEATURES The North Federal Highway corridor is one of the principal gateways into the City of Delray Beach. The City maintains a "Welcome to" monument where Federal Highway splits into NE 5th Avenue and NE 6th Avenue, just north of George Bush Boulevard. The placement of that monument symbolically separates the study area from the rest of the City. That separation could be eliminated by adding additional entrance signage within the median strip at the north boundary of the City. FI:C/DIXIE HIGHWAY CORRIDOR The condition of the FEC Railroad/Dixie Highway area is a concern for the redevelopment of the area. Noise from the railroad is a nuisance for both residential and commercial retail properties. There are a number of dilapidated commercial and residential uses along the railway corridor which contribute to the blighted conditions in the study area. Improving the image of the FEC/Dixie Highway corridor will be an important challenge in the revitalization efforts. Proposals for improving the appearance of the Dixie Highway right-of-way and encouragement of new uses in the area are included in the Redevelopment Plan section. CRIME MANAGEMENT AND PUBLIC SAFETY Eliminating the perception of North Federal Highway as a high crime area is a critical issue in revitalizing the area. When an area is perceived as a high crime area, the associated negative image tends to drive potential customers away from commercial areas and residents away from neighborhoods. As the area becomes less appealing for businesses and residents, property values fall. The reduction in property values inhibits investment in the area and the resulting dilapidation of structures further contributes to the negative image of the area. Nuisance activities play a role in negative perceptions of the North Federal Highway corridor. Methods to alter this perception and reduce crime in the area are included in the Redevelopment Plan. OPPORTUNITIES & CONSTRAINTS PAGE 27 TRAFFIC CONCURRENCY Traffic levels on North Federal Highway have historically been well below design capacity. As stated earlier in this report, Iow traffic volumes have contributed to the decline of the commercial businesses within the corridor. However, in terms of this redevelopment plan, this situation is also an opportunity. Since new development must meet traffic currency standards, the excess capacity on this roadway makes development more attractive here than on suburban sites located on near or over- capacity roadways that require substantial off-site improvements to mitigate impacts and meet concurrency standards. CRA BUSINESS ASSISTANCE PROGRAMS Subsidized Loan Program The CRA subsidized loan program was originally developed in 1990 as an incentive for property owners to upgrade the appearance of their properties. Working with lenders, the CRA provides funding to "buy down" interest, thus providing subsidized interest loans for businesses. The program was expanded in 1992 to include loans for the creation of new businesses and interior modifications to existing structures to accommodate new businesses. Business Development Program Although not currently funded, this program was established by the CRA to help foster the establishment of new businesses in the Redevelopment Area. The program will help subsidize start up costs for new businesses by providing rental subsidies for the first year of long term leases and other expenses such as: utility deposits; advertising signs; licenses; and legal assistance. Site Development Assistance Program This program provides limited CRA funding in the form of grants or loans to cover land development costs associated with new development or redevelopment. The program helps subsidize costs of site development such as site design and engineering. THE REDEVELOPMENT PLAN PAGE 28 INTRODUCTION The previous sections outlined existing conditions and the strengths and weaknesses of the North Federal Highway corridor with respect to potential for redevelopment. Those sections can be summarized as follows: Since losing the tourist market, North Federal Highway has been unable to find its niche. It has become a roadway of decreasing traffic volumes serving marginal businesses. It is surrounded by Iow density neighborhoods that are unable to sustain existing businesses in the area. The once active corridor has become increasingly blighted as businesses have moved out and aging commercial buildings have become obsolete and deteriorated. It also contains significant amounts of vacant property and structures, which have a blighting influence on the area. Commercial property depth is inadequate to support many of the larger building sizes required by today's retailers and although it is possible to increase the depth of some commercial property, doing so would encroach on existing Iow density residential development. Residential uses consist of a mix of single-family homes and sub-standard multiple family structures. There is little or no buffering between residential uses and commercial properties fronting on Federal Highway. However, there is also tremendous redevelopment potential for the North Federal Highway corridor and is one of the next logical expansions of the downtown revitalization efforts. As a whole, the area is significantly underdeveloped. Vacant properties and buildings provide opportunities for redevelopment and depressed property values make property acquisitions in this area more affordable. Opportunity is evidenced by recent reinvestment in the area with the construction of new housing and commercial businesses. Given the current trends, it is probable that the Corridor will eventually recover and be redeveloped without much governmental intervention. Major public expenditures downtown have strengthened the entire area and created a positive atmosphere for private investment. It should be the private sector rather than the public sector that is the driving force behind the redevelopment initiative on North Federal Highway. The role of the public sector is to provide direction, remove obstacles, and promote the area. The purpose of this redevelopment plan is to capitalize on the strengths of the area and eliminate the weaknesses. The North Federal Highway Redevelopment Area can become a premier place to live, work, shop and relax. The missing element is a good plan for the area emphasizing the following basic principals: u Reconstruction of North Federal Highway utilizing traditional neighborhood principles to facilitate pedestrian movement and neighborhood connections; THE REDEVELOPMENT PLAN PAGE 29 @ Completion of the road network; Proper connection of the existing neighborhood to future redevelopment areas; Creation of new pubfic places; Encouragement of a greater diversity of uses for commercial development; and, Improvement of the perceived image and overall physical appearance of the area-- police, code enforcement_ neighborhood plans, beautification. FUTURE LAND USE No changes to the FLUM designations are recommended in this Plan. However, the City will continue to study the feasibility of changing the existing commercial areas south of George Bush Boulevard, except existing auto dealerships, from General Commercial to Commercial Core. As the downtown area grows and develops, greater areas may be incorporated into the CBD. Given its proximity to the downtown core, this area is a prime location for future redevelopment projects. ZONING Only one change to the curr-e~nt zoning is recommended at this time, involving 8 parcels in the area of Bond Way and NE 8th Avenue to be rezoned from Multiple Family Residential - Medium Density (RM) to Multiple Family Residential - Low Density (RL). RL zoning exists both north and east of this area and seven of the eight parcels to be rezoned are currently developed as single family homes. The proposed Zoning Map for the North Federal Corridor is attached as Figure 8 (page 30). Also, as noted above, the area south of George Bush Boulevard should continue to be evaluated for potential rezoning to CBD. LAND DEVELOPMENT REGULATIONS Processing of LDR text amendments made necessary by the Redevelopment Plan will be initiated following the adoption of the Redevelopment Plan. These amendments which are discussed later in this section, include the elimination of the special landscape setback along North Federal Highway except where off-street parking directly abuts the roadway, and reduction of the front building setback. THE REDEVELOPMENT PLAN PAGE 30 GRAPHIC SCALE N FIGURE 8 NORTH FEDERAL HIGHWAY 2~o. o ~ PROPOSED ZONING L~-~ PLANNING DEPARTMENT ~-~ ~ CF-~N~ r~ (-~U. ~ ~-~ ~.~ ~-~ ~ m~m ~-MULn~ F~Y ~ REDE~LOPMENT AREA ~ CITY OF DELRAY BEACH, FL ~-~ ~ ~-~ ~ (L~ ~ -- DIGITAL ~SE MAP S~FEM -- u~-u~x~ ~ a ~.~ .-~-~-~ r~Y .[a~ O~RLAY DISTRICT THE REDEVELOPMENT PLAN PAGE 31 DEPTH OF COMMERCIAL DEVELOPMENT The depth of most commercial properties in the North Federal Highway area is limited by existing residential neighborhoods, road and railroad rights-of-way, and F.I.N.D. parcels. Commercial developers must make every effort to provide sufficient buffers to ensure compatibility with existing residential areas. Although the Redevelopment Plan does not propose any expansion of the commercial area at this time, expanding the depth to permit planned commercial rather than strip commercial development may be desirable in the future. The City will consider private sector Rezoning and FLUM amendment applications that expand the commercial area to allow larger scale, well planned commercial and mixed-use development. BUILDING PLACEMENT ON NORTH FEDERAL HIGHWAY The typical strip center development scenario with parking up front and buildings set toward the back of the lot is designed for the automobile. This arrangement is destination-oriented and does not promote pedestrian movement between businesses along the corridor. Future development of this type is discouraged in the North Federal Highway area. Instead a neo-traditional approach consisting of buildings located closer to the roadway's edge with wide, shade-covered sidewalks, and pedestrian scaled lighting and other street furniture is recommended. Although on-street parking will be located in the front of businesses for convenience, the bulk of the required parking will be located in the rear. This arrangement will promote rather than inhibit pedestrian flow between adjacent businesses. It is also recommended that businesses interconnect their off-street parking lots and enter into cross-parking agreements to share parking. This will provide a more efficient parking system which is more convenient to the customer. THE REDEVELOPMENT PLAN PAGE 32 As shown in Figure 9, new buildings constructed along North Federal Highway should be placed closer to the edge of the right-of-way and should be at least two stories high. The bottom floors of the buildings along the highway should be for commerce and other non-residential uses. Upper floors should be dominated by offices and residences. Current City regulations require a special landscape setback along North Federal Highway. It is recommended that this setback in the North Federal Area be eliminated from the regulations except where off-street parking directly abuts the roadway. Additionally, the front building setback should be reduced from 10' to 5'. Although the consultant has recommended a 0' front setback as represented in the figure, staff recommends a 5' setback be maintained. This will provide a minimum 10' sidewalk with the existing roadway section and a 17' sidewalk if N. Federal Highway is reconstructed in the future pursuant to the proposed section. It is also recommended that a maximum setback of 15' be adopted with provisions to allow the Site Plan Review and Appearance Board to approve a waiver of the requirement if warranted. The proposed roadway section for North Federal Highway is maintained within the existing 100' road right-of-way. However, according to the Palm Beach County Roadway Map and the City's Comprehensive Plan, the ultimate right-of-way for Federal Highway is 120'. In 1998, FDOT improvements were completed in the existing 100' right-of-way. Because the 120' width is included in the County and City plans, the City is required to collect additional right-of-way with any development proposal. As further roadway improvements are unlikely in the foreseeable future, additional right-of-way may not be necessary. The City should work with FDOT to reduce the ultimate right-of- way to 100' as soon as possible. FEDERAL HIGHWAY OVERLAY DISTRICT The parcels located between Dixie Highway and Federal Highway north of NE 14th Street have a number of unique characteristics. The relatively narrow lot widths, double frontage, proximity to the FEC Railroad corridor, and the relatively light traffic on Federal Highway make commercial development difficult. Pursuant to an eadier draft of this Redevelopment Plan, an oveday district was created in this area to allow a mixture of light industrial and more traditional commercial uses. The location of this Oveday District is depicted in Figure 8. It is anticipated that this mixture of uses will provide opportunities for future revitalization of the area. All uses permitted in the GC zoning district are permitted in the overlay district. In addition to those uses, fabrication and/or assembly of manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, electronics, cabinet and furniture making; and the wholesaling, storage and distribution of products and materials, other than self-storage facilities are also allowed. These additional uses require approval as Conditional Uses, to ensure compatibility with adjacent areas. They are also required to operate as a part of or in conjunction with a permitted service, retail or business use. Additionally, the light industrial aspect of the business must be THE REDEVELOPMENT PLAN PAGE 33 operated indoors and oriented toward Dixie Highway. All service areas must be screened adequately to ensure compatibility with the residential area to the west. Structures in the overlay area must maintain a commercial appearance, regardless of use. Retail and office areas are encouraged to be accessed from Federal Highway. No applications for this type of development have been submitted since the Overlay District was created in 1996. One problem that has been identified is the poor connection between Dixie Highway and Federal Highway. The plan proposes to improve the roadway network in the area including several new connections between Dixie and Federal, north of NE 14th Street. The lack of awareness of the opportunities for mixed industrial/retail in the area is another problem. The creation of a marketing plan and promotion of this redevelopment plan will help to promote new development. FEC/DIXIE HIGHWAY CORRIDOR The appearance of Dixie Highway and the adjacent railroad right-of"way is a problem for the redevelopment of the area. Noise from the railroad is a nuisance for residential and commercial retail properties. There are also a number of dilapidated commercial and residential uses along Dixie  ~ ..... ~:~!:i~!~:~....... Highway that contribute to the "-~.~;~~.,~-.:,~:..: '~:'~..~ ........... ....~:~.'.. ! , blighted conditions in the area. ~-~ Improving the image of the ,~ j ~ j ~ FEC/Dixie Highway corridor will be an important challenge in the "' ................... revitalization efforts. Proposals for ~'~ s' t zo,, zo,.[ s, ,L s' I,~-~ improving the appearance of the - ~ Dixie Highway right-of-way include ' ~o,~o.w. placement of a bike path between Old D~x~eHJ§hwa¥ the railroad and Dixie Highway, adding street trees on both sides of the road and on-street parallel parking and a sidewalk on the east side of the street. These improvements will encourage the development of commerce uses ? ~ ;'~ fronting on Dixie Highway. This part of the plan will require cooperation and approval by the FEC Railroad. A 10' building Figure 10: Proposed Section for Old Dixie Highway setback is recommended for those Source: Dover, Kohl & Partners buildings having storefronts facing the roadway. A 10' landscape buffer will be required along Dixie Highway when buildings face Federal Highway to screen rear loading and service areas. This is a long term project that would be undertaken jointly by the City and the CRA. THE REDEVELOPMENT PLAN PAGE 34 Improvement of this corridor will also include installation of landscaping along the Railroad to buffer the residential neighborhood on the west side of the tracks. The CRA will use a portion of the tax increment generated by new development and redevelopment of the North Federal Highway corridor for this buffer. The project will include landscaping and irrigation along the railroad between George Bush Boulevard and Gulfstream Boulevard. in order to accomplish these improvements, the CRA must obtain an agreement from the FEC Railroad to p~ace improvements in their right-of-way. Similar agreements are in place in Lantana, Lake Worth, and Boca Raton. ELIMINATION OF DILAPIDATED STRUCTURES AND PROPERTIES There are many dilapidated and/or abandoned structures within the redevelopment area. These structures impede the redevelopment effort by creating an image of blight in the area. Although elimination of blighted properties is important to the revitalization of the area, major intervention by the public sector is not recommended. While key _ properties may be purchased when necessary to accomplish specific objectives or to eliminate an impediment to redevelopment, eminent domain will not play a major role in redevelopment of the corridor. It is the intent of the redevelopment plan to promote - private redevelopment. As property values increase, market demand for space and increased rental costs will force marginal uses to locate elsewhere. If acquisition of properties which have a severe blighting influence on the area becomes necessary, the CRA, subjec~ to available funds, would take the lead in such acquisition. The CRA would, in turn, resell the property to a user who would guarantee - redevelopment consistent with the stated goals and objectives of the plan. In some cases the CRA may demolish existing structures and clean up a site. One such problem property that might be targeted is the Arrow Trailer Park. VEHICULAR TRAFFIC CIRCULATION - Vehicular access is provided to all parcels in the Federal Highway corridor. However, a number of changes will be required to improve the commercial climate along Federal ~- Highway itself, and to help stabilize existing residential neighborhoods. Federal Highway: -- As stated earlier, it is the intent of this Plan that the ultimate right-of-way be reduced from 120' to 100'. Since a major reconstruction project for the roadway was just completed, it is unlikely that the proposed road configuration recommended in this Plan can be accomplished until a major upgrade is needed again. This may take 10-15 _ years. THE REDEVELOPMENT PLAN PAGE 35 Another long term recommendation by the consultant is that the one-way pair of 5th and 6th Avenues be converted to two way traffic flow. The area north of George Bush Boulevard would be reconfigured so that Dixie Highway would flow into 5th Avenue and Federal Highway would flow into 6t' Avenue. A connection between Dixie and Federal would be provided north of the existing "International House of Pancakes" building. One improvement that could be accomplished in the short term is the addition of landscape nodes within the parking lanes along Federal Highway to discourage drivers from using this lane as an additional travel lane. The landscape nodes should be located at roadway intersections to draw attention to the connection as well as to provide a shorter distance for pedestrian crossing. The cost for these landscape nodes will be shared between the City and the CRA. It is recommended that one or more grants be sought to offset the cost. New Connections to Dixie Highway: It is recommended that at least two additional roadway connections be constructed between Dixie Highway and North Federal Highway, north of NE 14t~ Street. This will create more manageable block lengths and improve circulation between the two roadways. Funding for right-of-way acquisition and roadway construction will be the responsibility of the City. Royal Palm Boulevard: The pavement for Royal Palm Boulevard currently ends just east of Federal Highway. This roadway is to serve as a secondary entrance for the Estuary townhouse project to be developed on the 17 acre Yake property. The cost of paving this roadway is proposed to be shared by the City, CRA, developers of the Estuary and by the other property owners fronting along the roadway. By providing an alternative means of access to North Federal Highway from the Estuary, the roadway will reduce traffic impacts on the residential neighborhood to the south. Bond Way: The residents of the Bond Way area have expressed concerns regarding traffic encroachments into their neighborhood. The major problem cited is excessive through traffic to Federal Highway. This situation has been improved significantly by the closing of the median opening for Bond Way in N. Federal Highway. Some residents maintain that the problem still exists to a lesser degree. Policy C-1.1 of the Transportation Element of the Comprehensive Plan addresses this issue as follows: Efforts shall be made to limit excessive through-traffic and nonresidential traffic on local roads within residential neighborhoods. Where a problem with such traffic is specifically identified, it should be addressed through the utilization of traffic calming measures, such as round-a-bouts, medians and speed humps. THE REDEVELOPMENT PLAN PAGE 36 The intent of the policy is dear--this type of traffic has a negative impact on the quality of life in residential neighborhoods and must be controlled. The consultants recommended that a roundabout be installed at the intersection of Bond Way and NE 8th Avenue. However, this recommendation preceded the closure of the median cut on Federal Highway. Although it appears that the round-about is no longer necessary, the situation should continued to be monitored and if warranted, the roundabout or alternative traffic calming measures should be installed on the street as part of the streetscape improvements. Other Residential Streets: Traffic problems within the residential neighborhoods to the east include speeding and lack of observance of stop signs. Additionally, Eastview Avenue, NE 8th Avenue, and Palm Trail dead-end without a proper cul-de-sac or turn-around area. The following measures are recommended to help alleviate the problems associated with vehicular traffic in the neighborhood: Install traffic calming rr~asures, such as divided roadway entrances on selected streets within the neighSorhood. Divided entrances are planned as part of the recommended streetsca~e improvements. The installation of speed humps may be considered at a later date if additional traffic calming is warranted; [] Reduce the highway feel on local residential streets by removing additional pavement used for on-street parking on all single family homes and multi-family structures where possible; r-,Stricter enforcement of speed limits on local residential streets. Place speed limit signs on westbound Bond Way. Reduce the speed limit from 30 mph to 25 mph on Lake Avenue North and install a 25 mph speed limit sign on Lake Avenue South; ~ Completion of the roadway network to eliminate dead-ends, strengthen street and pathway connections within the neighborhood where appropriate. Initially, only the completion of Royal Palm Boulevard is proposed. Additional roadway connections may be considered if opportunities or needs arise due to additional development or redevelopment within the neighborhoods; and, [] Installation of turn-arour~l areas at the end of Eastview Avenue, NE 8th Avenue and Palm Trail if feasible. PEDESTRIAN TRAFFIC CIRCULATION Although sidewalks exist for all of the commercial areas along Federal Highway and 5th and 6th Avenues, few residential areas in and around the study area have sidewalks. THE REDEVELOPMENT PLAN PAGE 37 Lack of sidewalks discourages walking around the neighborhood. The installation of sidewalks is included as part of the overall streetscape program for the neighborhood. Policy E-3.3 of the Public Facilities Element of the Comprehensive Plan states: The City shall program installation of sidewalks on an annual basis, with the goal of completing a safe and convenient sidewalk system throughout the City by the year 2000. Dead-end streets in the area creates fragmentation of the roadway system within the existing residential neighborhoods. However, the residents do not want the streets to be connected for automobiles, due to concerns with possible traffic problems. A pedestrian system connecting "The Estuary" along the Intracoastal Waterway to the existing neighborhoods and a new neighborhood park is proposed to create a "sense of community". RESIDENTIAL NEIGHBORHOOD STABILIZATION There are three existing residential areas (La Hacienda, Allen Avenue, and Eastview Avenue) in the redevelopment area. A fourth residential area (Bond Way and vicinity) is located to the south and east of the redevelopment area. All of these residential areas contain older housing stock. As a result, some of the residential structures are deteriorating. The area suffers visually from lack of landscaping, poor swale conditions and unpaved driveways. STREET BEAUTIFICATION It is recommended that streetscape improvements be made to the residential neighborhoods. The improvements include street trees, new sidewalks, removal of illegal on-street parking, and the reconstruction of drainage swales. In addition, an entry feature, designed to promote traffic calming would also be included. Figure 11 is an example of the proposed street beautification. The homeowners associations ~ should be involved in the ..~;~.~. ,, ~:~&,~,,,~. location and design of all new ~:~.~ ~.~ '~ facilities. For the three Figure '1'1: Proposed Improvements - Lake Avenue South Source: Dover, Kohl & Partners neighborhoods located within the redevelopment area, THE REDEVELOPMENT PLAN PAGE 38 funding would be shared by the City, CRA and the property 'Owners. It is recommended that one or more special assessment districts be created which, in turn, would be the legal entity with which the City would create a partnership. The formation of a property improvement district will also give the owners a collective voice in improving their neighborhood. The district would contribute a portion of the moneys needed to pay for _ the improvements. The drainage swales along the roadways, which by city code are the maintenance _- responsibility of the abutting property owners, are in poor condition. In most cases, sod has been replaced by gravel, dirt and weeds. Additionally, some swales have been paved to provide on-street parking. Regrading these swales and adding sod and street -.- trees will reduce speeding, discourage on-street parking and improve area drainage. Once these swales are improved, a program should be developed to ensure that they are adequately maintained. 'Since this affects the appearance of the neighborhood as a whole, area homeowners associations should be given primary responsibility for the program. The program should include the following components: [] Weekly inspections by the associations and annual inspections by the City. _ [] Swale maintenance education for homeowners and tenants conducted by the associations ..... [] Mowing and clean-up by the associations when property owners fail to do so. [] Code enforcement action by the City when necessary. A breakdown of project costs for the improvements is included in Table 6, page 41. If the cost of the improvements were assessed on a linear foot basis over a 10-year period, the annual cost to property owners within the three neighborhoods in the redevelopment area would be $89 for a 50' wide lot, and $133 for a 75' wide lot. The fourth residential neighborhood including Bond Way is located outside the redevelopment area. This neighborhood was considered a part of the study area by the consultants and is also recommended for streetscape improvements. However, since it is located outside the Community Redevelopment Area, the CRA is unable to share in the cost of improvements. Therefore, either the City, the homeowners, or both would have to pay a greater percentage of the improvement costs. STREET LIGHTING The City, in cooperation with Florida Power and Light, recently increased the intensity - of the street lights on North Federal Highway. The installation of additional street lighting in the adjacent neighborhoods can be accomplished by Florida Power and Light at no cost to the City. The City would, however, have to accept responsibility for the THE REDEVELOPMENT PLAN PAGE 39 costs of operating the lights. Requests for improved lighting-are handled on a case-by- case basis as problems are reported to the Public Works Division. This Plan recommends that the adjacent residential neighborhoods along the North Federal Highway corridor participate in the CRA residential post-light program. Under this program, the CRA shares the cost with individual property owners to install a decorative post light in their front yard. Photo cells are installed in each fixture to ensure that the lights are activated each night. These lights improve security in the neighborhood by filling in the dark spots between street lights. It is estimated that the fixture and installation would cost between $400 and $500 per light. The program should be bid on a per light basis and installed in quantities of 5 to 10 at a time to reduce costs. The cost to each resident who wishes to participate in the program would be one-half the cost with the CRA paying the balance. NEIGHBORHOOD PARK There are no neighborhood parks currently located in the North Federal Highway area. The nearest recreation areas are Plumosa Elementary School, Atlantic High School, Veteran's Park, and the public beach. During the planning process, the City explored the possibility of including a neighborhood park in the study area, but residents did not support it because it would attract outsiders into the neighborhood. Therefore, any future public park in the area would have to be located on the fringe of the neighborhood with convenient access from Federal Highway. The most likely location is between Eastview Avenue and Royal Palm Boulevard. Vacant property exists in this area which could be acquired for a small neighborhood park. If the neighborhood supports this concept, the CRA should attempt to acquire a suitable site as soon as possible before property values start to escalate in response to the redevelopment initiative. The City-owned Donnelly Tract, located on Palm Trail and the Intracoastal Waterway, is a preservation area and is to remain passive. Some improvements which preserve the area in its natural state but allow visitors access, such as a boardwalk, may be possible in the future. ALLEYWAYS Neighborhood residents have expressed concerns regarding the disposition of existing alleyways within the neighborhood. These alleys are currently unimproved and are being utilized as part of the side and rear yards by adjacent property owners. There is a concern that if these alleys were to be improved, it would provide a place for people to loiter and increase the potential for crime in the area. Since the city does not have any plans to improve the alleys, it is recommended that the city initiate their abandonment. The City is currently conducting a citywide alleyway study to determine what paving and utility improvements are in place and which alleys should be abandoned. THE REDEVELOPMENT PLAN PAGE 40 CITY ENTRANCE SIGNAGE The North Federal Highway corridor is one of the principal gateways into the City of Delray Beach. The City maintains a "Welcome to" monument where Federal Highway splits into NE 5th Avenue and NE 6th Avenue, just north of George Bush Boulevard. The placement of that monument symbolically separates the study area from the rest of the City. The existing monument should be reworded to welcome visitors to Downtown. An additional sign should be installed further to the north near the entrance to the City. The City of Boynton Beach has such a sign located in the median just north of Gulfstream Boulevard. POLICE SUB-STATION The Police Department has initiated a number of programs intended to reduce crime problems in the study area and surrounding neighborhoods. The cornerstone of Police Department efforts to reduce crime in Delray Beach is the Community Policing program. Community Policing emphasizes a cooperative effort between the Police and the community to find long term solutions to the community's problems. Community Policing is intended to both increase the police presence in the neighborhood and improve relations between the Police and residents. In addition to routine patrol activity, the Community Officers help to organize community improvement activities, such as trash pick-ups, paint-up projects and organization of neighborhood watches. - Police sub-stations are often used to strengthen the tie between the police and the neighborhoods they patrol. It is recommended that a sub-station be established within the study area. -- IMPLEMENTATION Following the adoption of this plan, amendments to the Land Development Regulations and rezonings required to implement the Plan will occur. _ The City and Community Redevelopment Agency should begin to meet with neighborhood residents to discuss the provisions of the Plan and gather support for the -- Special Assessment Districts. The CRA's Community Redevelopment Plan will also need to be revised to include the projects and programs included in this Plan. Since the capital improvements included in the Plan are not currently included in the 5-Year Capital Improvement Schedule of the City's Comprehensive Plan or the CRA's Community Redevelopment Plan, these -' schedules will have to be amended and dollars allocated for the various projects. Implementation of the capital improvements included in the Plan will first require the preparation of land surveys. This work element should be scheduled as soon as possible. When the surveys are completed, the engineering, design and detailed cost ._ THE REDEVELOPMENT PLAN PAGE 41 estimates of ind~ividual projects can begin as time and funding becomes available. The City and CRA will meet with the property owners in the neighborhoods to discuss the design, schedule and cost of the planned improvements. LAND ACQUISITION As funds accrue from the tax increment created by new development, the CRA will have funding available for acquisition of dilapidated properties in the study area. Use of condemnation for acquisition of dilapidated properties will be kept at a minimum, but may be used to eliminate problem properties. Acquisition of parcels will be prioritized according to their condition and accomplished as funding becomes available. FUNDING SOURCES The City and CRA will provide whatever support is available to assist in the implementation of this Redevelopment Plan. Funding for some public improvements may be available from the City or through the CRA's tax increment generated by new development and redevelopment in the N. Federal Highway corridor. Other improvements will be financed in part through the establishment of one or more special assessment districts created pursuant to the Plan. Preliminary cost estimates for improvements included in this plan are provided in the following Table: Table 6 North Federal Highway Redevelopment Plan Preliminary Cost Estimates ITEM : :, ,:,i!¥/.~',?i UNI~COST..~ ~ TOT~!CO~ I. F.E.C. Rail Corridor Beautification 6,400 Linear Feet Trees (30' O.C.) each 214 $ 200.00 $ 42,800.00 Hedge (3' O.C.) each 2,134 $ 8.00 $17,072.00 Irrigation L.F. 6,400 $10.00 $ 64,000.00 Landscape Feature Nodes (500 Sq. Ft.) each 6 $ 2,000.00 $12,000.00 Survey, Design (10%) $13,587.00 TOTAL $149,459.00 II. Streetscape - North & South Lake Avenues 1,800 Linear Feet Roadway (3,600 L.F. Both Sides) Sidewalks (4" concrete) Sq. Ft. 14,250 $ 2.50 $ 35,625.00 Sidewalks (6" through driveways) Sq. Ft. 3,750 $ 3.50 $13,125.00 Reconstruct Ddveway Aprons/Parking Sq. Ft. 8,250 $ 3.50 $ 28,875.00 Trees (50' O.C.) each 74 $ 200.00 $14,800.00 Sod/Regrade 11' Swales Sq. Ft. 31,350 $ 0.50 $15,675.00 Entry Features/Signage each 2 $ 20,000.00 $ 40,000.00 Irrigation L.F. 2,850 $10.00 $ 28,500.00 Survey, Design, Engineering (10%) $17,660.00 TOTAL $194,260.00 THE REDEVELOPMENT PLAN PAGE 42 ITEM UNITS QUANTITY UNIT COST ;TOTAL COST III. Streetscape - Eastview Avenue 475 Linear Feet Roadway (950 L.F, Both Sides) Sidewalks (4" concrete) Sq, Ft. 4,270 $ 2.50 $10,675.00 Sidewalks (6" through driveways) Sq. Ft. 480 $ 3.50 $1,680.00 Reconstruct Driveway Aprons/Parking Sq. Ft. 768 $ 3.50 $ 2,688.00 Trees (50' O.C.) each 20 $ 200.00 $ 4,000.00 Sod/Regrade 8' Swales Sq. Ft. 6,832 $ 0.50 $ 3,416.00 Entry Features/Signage each I $ 20,000.00 $ 20,000.00 Irrigation L.F. 854 $10.00 $ 8,540.00 Survey, Design, Engineering (10%) $ 5,100.00 TOTAL $ 56,099.00 IV. Streetscape - Allen Avenue 1,200 Linear Feet Roadway (2,400 L.F. Both Sides) Sidewalks (4" concrete) Sq. Ft. 9,500 $ 2.50 $ 23,750.0C Sidewalks (6" through driveways) Sq. Ft. 2,500 $ 3.50 $ 8,750.00 Reconstruct Ddveway Aprons'Parking Sq. Ft. 4,000 $ 3.50 $14,000.00 Trees (50' O.C.) each 50 $ 200.00 $10,000.00 Sod/Regrade 8' Swales Sq. Ft. 15,200 $ 0.50 $ 7,600.00 Entry Features/Signage each 1 $ 20,000.00 $ 20,000.00 Irrigation L.F. 1,900 $10.00 $ 24,000.00 Survey, Design, Engineering (10%) $10,810.00 TOTAL $118,910.00 V. Streetscape - Bond Way (Outside Redevelopment Plan Area) 1,200 Linear Feet Roadway (2,400 L.F. Both Sides) Sidewalks (4" concrete) Sq. Ft. 9,500 $ 2.50 $ 23,750.00 Sidewalks (6" through driveways) Sq. Ft. 2,500 $ 3.50 $ 6,750.00 Reconstruct Ddveway Aprons/Parking Sq. Ft. 4,000 $ 3.50 $14,000.00 Trees (50' O.C.) each 50 $ 200.00 $10,000.00 Sod/Regrade 8' Swales Sq. Ft. 15,200 $ 0.50 $ 7,600.00 Entry Features/Signage each 1 $ 20,000.00 $ 20,000.00 Irrigation L.F. 1,900 $10.00 $ 24,000.00 Survey, Design, Engineering (10%) $10,810.00 TOTAL $118,910.00 VI. Landscape Nodes - North Federal Highway 30' Landscape Node with Landscaping each 20 $ 5,000.00 $100,000 TOTAL $100,000 VII. 3 New Roadway Connections Between Dixie and Federal Highway - 1000 LF. Property Acquisition for right-of-way (60') Sq. Ft. 60,000 $ 5.00 $300,000.00 Construction (24' pavement w/swales) L.F. 1,000 $ 80.00 $ 80,000.00 Sidewalks (4" concrete) Sq. Ft. 10,000 $ 2.50 $25,000.00 TOTAL $ 405,000.00 Grand Total $1,142,638.00 £1TY 13ELARY BEACH DELRAY BEACH NI-America City City Manager 1993 FROM: 0~Robert A. Barcinski Assistant City Manager DATE: March 10, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 16, 1999 SPECIAL EVENT APPROVAL - WALGREENS RED RIBBON RIDE ,4CTION City Commission is requested to approve the Walgreens Red Ribbon Ride which will pass through Delray Beach on March 28, 1999, to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of Anchor Park and it's facilities from 6:00 a.m. to 10:00 a.m. on this date as a pit stop to include restroom facilities, and to authorize staff support for barricading and traffic control. BA CKGR 0 UND Attached is a request I received from Ryvis Sierra, Logistics Coordinator, for the Walgreens Red Ribbon Ride to use Sandoway Park a pit stop on March 28th. This is a bike ride event beginning in Orlando on March 26th and will end in Fort Lauderdale on March 28th. In my discussions with Ms. Sierra, this date, it was agreed that we would use Anchor Park versus Sandoway Park for the pit stop. If we use Anchor Park, then restrooms at the facility could be used. The event volunteers will clean up the site, set up the site provide assistance to the riders, set up tents and provide port-a-poties if necessary. Our involvement would be to set up cardboard trash containers, barricade the lot and provide traffic control. Traffic control can be done with on-duty personnel and barricading the lot for this use would require minimum time. Trash containers can be set out by the crew putting up barricades that morning. RECOMMENDATION Staff recommends approval of the temporary use permit for the use of Anchor Park site and building for the Walgreens Red Ribbon Ride on March 28, 1999 from 6:00 a.m. to 10:00 a.m., and approval of staff support for traffic control, barricade, and trash container set up and removal. RAB/tas Attachments File:u:sweeney/agenda Doc:O31099a. doc THE EFFORT ALWAYS MATTERS ?, ~____... B=lO-I':].:.Dq' '~: I~Pkl FROM RED RIBBON RIDE 96'~ 922 9117 P. I 30~ r~o'~ ;~ '~'e.. h~x~ FI. 33020 ~ / ~ 92S.t1~ ~ / ~JZ2~117 www. red ri b b o ~/ide.org FAX COVER SHEET Ti}: Bob Barcinski 561-243-3774 FROM: Kyvis Sierra 4 pages DATE: March 10, 1999 R~: Using Anchor Park as Pit Stop Message: Bob, The Walgreens Red Ribbon Ride is asking permission for the use of Anchor Park in Delray Beach, on Sunday, March 28, 1999. The park would be used as a Pit Stop (Rest Area) for the riders on our bike nm from Orlando to Hollywood. Yottr park would be the first pit stop on day three of the bike ride. We would need use of the park fi'om approximately 7:00am to 10:30am. Following this cover sheet is some information about our-event, information about being a pit stop, and a Pit Stop Permission From for our files that we kindly ask you read over, sign, and fax back to us at 954-922-9117. I've changed the Pit Stop Permission Foma to read Anchor Park instead of Sandow~,, so we can get this signed and approved quickly. Thanks for yottr help. I'll be in touch. Please feel free to call me if you have any questions or need any additional infmmation. You can reach me at 305-770-2503 or at 888-658-2453. Sincerely, Ryvis Sierra Logistics Coordinator, Walgreens Red Ribbon Ride CenterOne AIDS Resource Alliance . Action For AIDS - Community AIDS Resoerce - ComDreher~siv¢, AIDS Pmnmm , T~mn~ ~.lD,q Nc. twrg~, 3-~lO-Iggg 4: IOPH F~QN ~ED PIBBQH [~IDE 9B~'l 922 91 17 P. 2 FREQUENTLY ASKED QUESTIONS ABOUT THE WALGREENS ~ w w, r · d r i b b o n r i d e, o r g WHAT IS THE WALGREENS RED RIBBON RIDE? The Walgreens Red Ribbon Ride will take place from March 2.6 - March 28, 1999. Some 500 - 1000 dders will participate from across the country in a three-day, 275 mile fundraising event on bicycles. The Ride will take us from Orlando down the breathtaking shores of the Atlantic Ocean en route to Ft. Lauderdale. The event raises money for the AIDS related services of CenterOne in Ft. Lauderdale, AIDS Resource Alliance in Odando, Ac'don for AIDS of Flodda, Community AIDS Resource of Broward, Dade and Palm Beach counties, Comprehensive AIDS Program of Palm Beach County, and Tampa AIDS Network. WHAT IS A PIT STOP? Every 10-20 miles along the route, we provide a rest area (pit stop) to ensure the safety and well-being of the participants of the Walgreens Red Ribbon Ride. Each pit stop, run by a volunteer crew, affords the riders with an opportunity to replace lost fluids and electrolytes, stock up on carbohydrates, use the portable restrooms we provide, and a chance to rest and sfl'etch out fired muscles before beginning the next leg of their journey. Also on hand are skilled medical personnel to assist with any physical ailments the rider may be experiencing and bike technicians to repair any malfunctions of the rider's bicycle. Our volunteer crew begins their day at 4:30am, rising early to load their vehicles, eat and be on the road by 6:00am. Our first pit is open and ready for the first dders arrival by 7:00am, closing at 10:30am and our last pit stop opens at 11:00am and closes at 6:30pm. As the Ride progresses, we "collapse" the route behind the riders, cleaning up each pit stop, and leaving no trace of the Ride behind. This process allows us to maintain control of the riders safety and passage through each jurisdiction. Since the riders are traveling at their own pace, they will be sb'etched out over the mute, separated by up to 60 miles between the first and last rider. Because of this spacing, we don't anticipate more than 50 - 150 ddem utilizing a pit stop at any given time. The exception may be the pit stop designated as our lunch stop, where dders tend to stay a little longer to enjoy the boxed lunch we provide. When we scout the route for a pit stop site, we carefully choose our sites based on the following criteria: · A site on the dght hand side of the road to make exits and entrances from the route safer for the dder. · A large enough site to accommodate our vehicles and participants at any given time, yet small enough for small crew to maintain traffic and pedesaian control. · A shaded area. A water source for out'misting" ~ cool off area. · An electric source for our medical team. o Site pay phones. · Room for support vehicles and television news crews to enter and exit throughout the day. Cente~One AIDS Resource Alliance - Action Fc~ AiDS - Community AIDS Re~z~Jrce - Comprehensive A D,c, Program' · Tampa AIDS · A ~d M ~ li(~,M~Mdc TrINme ~ ~ ~-~0-1999 ~:11P~ FROH RED RIBBON RIDE 9B~ 922 91'17 t. Equipment we will have on site will include the following: o 6 - $ portable toilets (to be dropped off 1 day prior to our anival). · A 10' x 20' canopy (2 at lunch stop~). · A 6'w × 8'h walk through 'mister". · Durnpsters at lunch stops only (to be dropped off 1 day prior to our arrival). · Megaphones used for rider and vehicle control. Vehicles parked on site will include: · A 15'truck. · 1 - ? 1;?-person passenger vans. · A medical van. · A bike tech support van. · A refrigeration truck at lunch stop only. WE ARE AWARE WE ARE BEING ENTRUSTED WITH THE CARE OF PUBLIC AND PRIVATE PROPERTY AND WE WILL ENDEAVOR TO BE WORTHY OF THAT TRUST. WHAT HAPPENS IF A RIDER IS INJURED? The Walgreens Red Ribbon Ride takes safety seriously. We have put in place a comprehensive plan to ensure that in the event of an emergency, our dders and crew will receive immediate and professional care. This plan will be implemented wibh the use of ce{lular phones, pagers, and 2 way radios. A rider will never be more than 8 miles from qualified medical treatment. The Ride will be escorted by ambulances, fully equipped and staffed by licensed EMT personnel Our on-road staff will act strictly in a triage model - stabilizing injured riders. We have begun contacting emergency teams along the mute and will defer to local 911 emergency operations for necessary transportation to local medical facilities. Finally, every rider and crew member will wear an identification braceleL A matching tag is affixed to their bicycle. These bracelets have a toll-free 24 hour emergency number that will connect the caller with officials at our command center who will implement our emergency procedures. WHO IS RESPONSIBLE FOR THE GARBAGE THAT THE RIDE WILL GENERATE? Garbage will not be a significant problem along the route. Riders will be given food and drink at the pit stops we provide along the route. Riders are encouraged to leave their garbage at the pit stop or place it in their packs until it can be propedy disposed of. Our road crews will continually monitor the route, picking up any trash generated by our nders. Trash at pit stops is cleaned up and removed by our crews and disposed of in our dumpsters at camp. WILL BUSINESSES ALONG THE ROUTE 8E ADVERSELY AFFECTED? Businesses along the route will not be adversely affected by the Ride. In fact, businesses such as coffee shops, grocery stores, and convenience stores along the route are likely to see business increase as dders stop in to purchase items in order to meet their needs along the mute. Furthermore, as people in the communities along the mute come out to support the dders, businesses aro given a great opportunity to market to them as well. IS THE WALGREENS RED RIBBON RIDE INSURED AGAINST MABLITY? The Walgreens Red Ribbon Ride is fully insured for general liability and can provide a certificate of proof of insurance upon request. WHO IS COORDINATING THE ROUTE? Ryvis Sierra, the Logistics Coordinator for the Ride, is the principle contacL Please call her at 1-888-658-2453, or fax at 954-922-9117 if you have any questions. Day 3 Pit Stop_ _ Sandoway Park, Delray Beach w w w . r 0 d r . L; b c r r ~ d .~ ~, .' ~ Pit Stop Permission Form in support of the Walgreens Red Ribbon Ride, I hereby grant permission to use Sandoway Park in Delray Beach on Sunday, March 28, 1999 for the purpose of providing a rest area for participants in their event. This includes permission to: · Set up 6 - $ portable toilets one day prior to the date shown above. '-" · Setupofl -2canopies. - · Use of the parking area indicated on the enclosed site plan. j · Use of parking area for Ride vehicles including a 15' truck, 1-2 15 person passenger vans, a medical van and additional support vehicles. In addition, at the pit stop designated for the lunch stop only: · Set up of a dumpster one day prior tO the date shown above. · Use of parking area for the refrigeration truck, I also understand that the Walgreens Red Ribbon Ride may have the need for the following on-site services, and ! hereby grant permission for the use of the following: (p/ease initia/where appropriate) Use of on-site water standard garden hose hookup for the purpose of providing a 'cooling mister". Use of on-site electricity. Use of on-site dumpsters. Name Date Title Pit Stop Address Phone # Fax # Emergency Contact Name Phone # Signature Ryvis Sierra March 8, 1999 Logistics Coordinator, Walgreens Red Ribbon ..Ride CenterOne AiDS ResoLrce Alliance Actic. n For AIDS · Comm~. n~;y ~.D.¢ Re~urCe - Compreh6ns~ve Ar0S PrograrT~ - Tsm I:ITV DF DELRI:IV BEI:II:H CITY ATTORNEY'S OFFICE ,,, TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direc'~ Line: 561/243-7091 DELRAY BEACH A~PAmerica City MEMORANDUM 1993 TO: City Commission f FROM: Brian Shutt, Assistant City Attorney SUBJECT: Approval of Application to SFWMD on the City Owned Mitigation Area Related to the Delray Estuary Project The Delray Estuaries, L.C. has plans to develop the parcel of land shown on Exhibit "1 ", labeled "project site". In order for Delray Estuaries to develop this property they must provide mitigation areas as required by the South Florida Water Management District ("SFWMD") as a portion of the property they wish to develop is considered wetland. The SFWMD requires the developer to replace the functions and values of the wetlands being impacted by providing other areas to replace the impacted wetlands. The developer wishes to use a parcel owned by the City as one of the mitigation areas. The City owned parcel is located just south of the development and labeled "mitigation area" on Exhibit "1" In order for the City owned parcel to qualify as a mitigation area, the developer must restore some of the functions and values of a wetland to the parcel. The developer will remove the exotic plants and improve the parcel with native plants in certain areas as well as regrade a portion of the site to provide for a lagoon effect on the parcel. (See Exhibit "2"). The developer must file an application with the SFWMD to be able to perform any work on the City owned parcel. (See Exhibit "3"). SFWMD requires the owner of the property to be a co-applicant on the application, thus, City Commission approval is needed for this item. This application is subject to the Nature Conservancy and Palm Beach County providing that the mitigation work performed on this parcel is not in violation of the deed restrictions that both entities have on this parcel. This application is also subject to the execution of an agreement between the City and the developer. The agreement would contain provisions relating to the modification or restoration of the parcel as well as the future maintenance responsibilities. The agreement has not been finalized as of this date. If you have any questions please call. cc: David Harden, City Manager Alison MacGregor Harry, City Clerk Paul Dorling, Principal Planner BOR TON 22ND ST. VOL VO M.S.A.TRACT DELRAY GULF STREAM SWAP SHOP GOLF CLUB ~ITHERSPOON I I I ~/ WATERWAY NORTH CONDO GEORGE BUSH BOULEVARD ~ CHURCH LANDINGS . CONDO N.E. . M.S.A. TRACT N ~ OFF-SITE MITIGATION PARCEL CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM180 Exhibit 1 PARNSITE OFF-SITE-MITIG^TION ~:'~'~' P~,ANT~O PLAN ~.xhibit I 2 PARKSITE OFF- SITE-MITIGATION PREPARED FOR PORTEN COMPAnIEs, INC MITIGATION PLAN m~ PARKSITE OFF- SITE-MITIGATION PREPARED FOR PO~TEN COMPANIES GRADING PLAN AND MONITOR~NG LOCATIONS FOR AGENCY USE ONLY ACOE Application # DEP/WMD Application # Date Appl|eaTJort Recelve"d Date Applicatio~ Received Proposed Preje~ ~ng. ,::~_ FeB Receipt ~ PART 1: Are any of ~e ec~itJes described in this application pro~sed to ~cur in, on, or over wetlands or other sudace waters? I Yes ~ No Is this appli~on being filed by or on behalf of a government enti~ or drainage dis~ ~ Yes D No PART 2; A. Type of Envlmnmen~l Resource Pe~it Request~ (check at least one). See A~chment 2 for thresholds and descriptions. D Nottc~ General - Include info.etlon requested in Section B. D Standard Gene~l (Single Family ~elling) - include in~aflon requested In Se~ons C and D. ~ Smnda[d General (all o~er Standard General prolog) - include In~aflon requested in ~ecfions C and E. ~ Individual (Single Fami~ ~elling) - include info.eton r~uested in Sections C and D. D Individual (all O~er Individual pmje~) - include inflation r~uested In Sedans C and E. ~ Conceptual - include inflation requested in So,ions C and E. ~ Mitigation Ban~( Pe~it (coheSion) - include inf0~flon requested in So,ion C and F. ( If ~e proposed mitigation bank involves ~e ~ns~c~on of a su~ce ~r management system requiring another pe~it defined above, check ~e appropriate box and submit info.eton r~uested by the appli~ble ~ Mitigation Bank (concep~al) - include In~a~on mquest~ in Section C and F. B, Type of activi~ ~ which you are applying (check at least one) D Cons~cflon:or opem6on of a new system, o~er ~an a solid ~ste ~11~, in~uding dr~ging or filling in, on or over wetlands and offier su~ watem. ~ Cons~tion, expans~n or m~ifi~fion of a solid waste ~li~. I Ntera~on or operation of an existing sys~m which was not pmviousN peri,ed by a ~D or DEP. D M~ifi~fion of a sys~m previously pe~iEed.by a ~D or DEP. Provide previous numbem. D Alteration of a system Q ~ension of pe~it duration D ~andonment of a system D Cons~lon of additional phases of a sys~m Q Re.vel of a system C. Are you requesting au~o~ation to use Sovereign Submerg~ ~nds. DYes (See S~tion G and A~ment 5 for more inflation be~re answering ~is question.) D.For activities in, on or over wetlands or other suite ~tem, check ~pe o~ federal dredge and fill pe~lt r~uested: ~ Individual D Programmatic Ge~eml ~ General D Nationwide D Not Appli~ble . E. Are you claiming to quali~ for an exemp~on? ~ Yes ~ No If yes, provide mia number if known. Page I of 5 Ex_~.ti3/ll/99h~]~ THU 16:54 [TX/RX NO 5489] 3 Mar. ll. 1999 . ~ ~0. 8227 ' P ' ,.--*- . . . .. 3~I#' ' II II I PART 3: ~ OWnER(S) OF ~N= B. E~ TO REC~ PER~ gF OTHER TH~ OWNER) Ctb~ of Delrav ~each _._ Delray Estuary, L.C. 100 N.W. 1st AVe 832 South Military Trail Delray Beach, FL 33444 Dee:field Beach, ~ 33~2 ,~H=NeA~PH Ph- 56 1 ' 24]-7000 ~'"ON~A~P~' ' Fx. 561-243-7~.66 954/422-1883 Fax: 954/412-~887 C. AGENT A~HO~D TO SECURE PE~U D. CON~LTAMT ~F DIFF~ FROMAG~) Cheryl M. Carpenter C&N EnvlronmenhaI Consultants, Inc. 612 N. Orange AVe., SuiSs D-I Jupiter, ~ Ph. ~61-744-7420 Fx. 561-744-2887 PART 4 (Please provide met~c equivalent ~r f~eml~ ~nded proje~): A. Name of pro~e~, Including phase if ~ppli~ble: B. Is this aDpll~Uon ~r pa~ of a multi-phase proje~? ~ Yes M No C. To~I ~ppli~nt~ area conUguous to D. To~l am~ sew~ by ~e syMem: N/A ac.; ha. E. Impewious area for whi~ F. Volume of water ~a~ the system G. ~at is ~e ~o~1 am~ of work in, on, or over weUands or o~er su~ce w~tem? H. To~l volume of material to I. Number of ~ew ~at slips proposed:. N/A wet slips;~d~ slips Page 2 of 5 03/11/99 THU 16:54 [TX/RX NO 5489] Mar. 11. 1999 3:52PM (%I~ouIICI~ p~l%ldlT APPUCA'I~Oll Section(s) g Township 46 Range 4 ~ Section(s) ~ Townshi~ Range Section(s) Township Range I. and Grant name, if appllcabJe. Tax Panel Iden~fication Number Streetaddmss. road, or other l0~tion ~a[m ~a[~ [o~s ~,C,D,~ o~..Konmo~ CJi, Zip Code if applicable Delsey Beach ....... ii I II II I I II I I I I l lll PART 6: Describe in g~ne~l te~s the proposed project, system, or activin. The ao~]tc~ p~oooses ~.o Fes~ote 0.38 accee o~ upZan~ ceg:a~[ng, exo[~ cemova[ an~ native p[an~ng. 0,33 o~ mang=ove Eo=.es~ ~[[ be enhance~ [h:ough exotic =amoral and ~mprovemen[ of ~he hyd:o[og~ tarmac[ton [o [he ~C~. 0.94 ac:es o~ manq=ove fo=esl and ~da[ 9oo~ ~t[[ be ~h:ouqh excavation and =ep[an~ng. ~ive'yea~ ~0~[~6r~s. The Ct~y o~ Del~'" Shall be reepon~b~& '~or long te~m ~intenance after approval by the Distr~cg of mit~a'c~o~' b~t ...... no sooner than five years. This applica:i;n Is subject to ~eceipt by ~he City from the Nasure and Palm Beach County o[ a sitne~ notice sta~ini ~hac the ~esto:ation and ~Cigacion on the Delray Estuary Pro, eot is not in violation of their deed rest~ictionl on the parcel. Th~s application ls subject ~o nhe= te~ms and conditions oi an executed a~reement between ~he City and Delray Estuary. L.C. perait. The ~st be con~.it~oned on co~encement of const~ction on the Estuary site ~ithin 18 months ~rom pe~c issuance. The S~ i~ on notice of that the~e is generally depicted a mulched path and boardwalk on the attached plan ~ha~ sometime in the futute the City may ~ish tO seek a pe~ait for its construc[ion on the parcel, m m t mi mm mm I I Il 3 I Page 3 of 5 03/11/99 TffU 16:54 [TX/RX NO 54891' I FOi~M T~n. EI JoIN¥ E~4~hRONMttNTAt. RESOURCE PERMIT APP UCA"noId DAW Oclobef' I I I .1111 l I Lm_ I~ II IIII II III PART 7: A. If there have been any pre-application meetings, including on-site meetings, with regulatory staff. please list the date(s), location(s), and names of key staff and project representatives, Oct. 1, 1998 -Pa~ksite - Cheryl M. Carpenter & Barbara C,onmy iS'. 4MD) B. Please identify by number any MSSWNVetland resource/ERP/ACOE Permits pending, Issued or denied for projects at the location, and any related enforcement actions. Agency Date No.\Type of Application Action Taken S~6/i12_ g_71a~rl-I~ Curren%ly undmr revt~.w C. Note: The followino information Is required for pro!ac;ts. 13romosed to ocour in. on or over wetlands that need a federal dredqa and fill o~rmlt or an. authori'4iation to use state owned aubmqrqed larld$. Please provide ~he names, addresses and zip codes of property owners whose property direclly adjoins the project (excluding applicant) and/or (for proprietary authorizations) is located within a 500 fL radius of the applicant's land. Please attach a plan view showing the owner's names and adjoining property lines. Attach additional shee[s if necessary. ;3. 4. . , I IIII I . I I I I I l III Page 4 of 5 03/11/99 THU 18:54 [TX/RX NO §489{ R~BOU~C~ P~MIT APP~CA~ON A, By signing this applica[lon form, I am applying, or I am applying on behalf of the applicant, for the permit and any pro~rie~ery authorizations identified above, ~ccordlng to ~he supposing da~a and other incidental information filed with this application. I em familiar with the information contained in this application and represen~ tha~ such i~forma[ion is true, complete and accurate. I u~derstand ~his is an a~lication end not e permit, and that work prior to approval is a violation. I understand that this application end any perm,[ issued or proprleta~ eu[horlza~ion issued pursuant thereto, does not relieve m~ of any obligation for obtaining any other required federal, state, water management distric~ or local permit prior to commencement of construction. I agree, or I agree on behalf of the a~plicant, to opera[e and maintain the ~ermitted system unless the permi~ing agency authorizes transfer ef the permi~ ~o a responsible operation an~i~. I understand that knowingly making any false statement or representation in ~hJs a~plicafion Is a violation of Section ~73.430, F.S. and 18 U.S.C. Section 1OO1. Type / rin~ed Nsme o~Appl' n: (If no A ant is used) or Agent (If one is so authorized below) ICorpora~e Title if aPplicabJe) AN AGENT MAY SIGN ABOVE ~ IF THE APPLICANT COMPLIES THE FOLLOWING: B. I hereby designate and authorize the agent listed above te ac~ on my behalf, or on behalf of my corporation, as the agent in the processing of this application for the permit and/or proprie~a~ authorization indicated above: and to furnish, on request, supplemental Information in suppo~ of the application. In addition, I authorize the above-listed agent to bind me, or my corporation, to pedorm any ~equirement which mav be necessa~ to procure the pe~it or au[horizaflon i~dleated above. I understand tha~ kn(~wingly making any false stateroom or repr.sentafion in this application Is a violation of Section 373,430, F.~. and 18 U.S.C, Section 1~1. Typed/Printed Name ~f Applican~ Signature' of Applican~ Dm~e (Corporate Title if applicable) PERSON A~HORIZING ACCESS TO ~E PROPER~ MUST COMPL~ THE FOLLOWING: C. I either own ~he prop.~ described in Thi~ application or I have legal author~y to allow access to ~he prope~y, and I consent, a~er receiving prior notification, to any 8ire risk on the propa~ by sgents or personnel from The DepaKment of Environmental Protection, the Water Management DiwtricT and the U.S. Army Corps of Engineers necessa~ for the review and inlpe~tion of the p~=posed projac~ specified in this application. I au~hotize these agents or personnel ~o enter ~he p~ope~y aa many %i~es al may be necessary %o make such review and Inspection. Fu~har, I agree to pr=vlde ent~ to [he project site for s~b agents or personn~o monitor petalled work if a permit is granted. Type~lPrl~ed Name Slgnetur~ Date .[~ (Corpora[e ~le if epplicabtel Page 5 of 5 03/11/99 THU 16:54 [TX/RX NO 5489] MEMORANDUM (REVISED) TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM 9.E.1. - REGULAR MEETING OF MARCH 16, 1999 AGREEMENT FOR WATER/SEWER SERVICE & ANNEXATION WITH TENET HEALTHCARE CORPORATION DATE: MARCH 16, 1999 Please note that page 6 of the agreement has been modified. Paragraphs (3) and (4) have been reversed so that Fair Oaks will be annexed before Lago Vista in order to prevent creation of an enclave. ref:agmemo6 CITY OF DELRI:IY nER£H CITY ATTORNEY'S OFFICE ~oo ,,,w., ^v,~,~,,~. ,~,~L,,^,. ,,,~^~,,, .~o,,,~,^ ~.~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Linc: 561/243~7091 II DATE: March 18, 1999 /~TL~TLq ~ 1 9q ~ TO: David Harden, City Manager Joe Safford, Finance Director Dick Hasko, Environmental Service Director Diane Dominguez, Planning and Zoning Director Hoyt Owens, Deputy Director of Public Works FROM: Susan A. Ruby, City Attorney SUBJECT: Tenet Healthcare Agreements Enclosed is a copy of the Agreement and General Release and the Water/Sewer Service/Consent to Annexation and Stormwater Assessment Agreement for your files. I am transmitting an original of each to the City Clerk. Enclosure cc: Alison Harty, City Clerk [" RECE.ivEi CITY CLEI~K AGREEMENT AND GENERAL RELEASE THIS AGREEMENT is entered into this /fi')% day of c/T~0~rL~ , 1999, between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as the "City") and TENET HEALTItCARE CORPORATION (hereinafter referred to as "Tenet"). WITNESSETH: WHEREAS, CITY and National Medical Enterprises, Inc., et al., now known as TENET HEALTHCARE CORPORATION, entered into a water sewer service agreement (Water Agreement) dated February 3, 1981; and WHEREAS, as part of the water/sewer service agreement, the CITY agreed to make certain reimbursements for use of certain water lines, mains and lift stations by other parties; and WHEREAS, the right to receive a reimbursement was and is subordinate to rights of bond holders; and WHEREAS, the water/sewer service agreement terminated on January 1, 1990, as to unused capacity; and WHEREAS, the CITY and TENET desire to provide for payments due by CITY under the water/sewer agreement and to enter into a new water/sewer agreement which provides for expanded services. NOW, THEREFORE, in consideration of ten dollars and other good and valuable consideration, including covenants contained herein, the parties hereto intend to become legally bound and hereby agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Reimbursement Consideration. The CITY agrees to pay TENET a total of Two Hundred Twenty-Four Thousand Seven Hundred Thirty-five Dollars and 00/100 Cents ($224,735.00) to cover the reimbursements set forth in the water/sewer agreement entered into by the parties in February of 1981 (attached hereto as Exhibit A). The payment shall be divided into five (5) equal payments of Forty-Four Thousand Nine Hundred Forty-Seven Dollars and 00/100 Cents ($44,947.00) and paid over the next five (5) year period with the first payment to commence March 1, 2001 and the subsequent payments to be paid each March 1st, thereafter. There shall be no interest paid by the CITY on any outstanding balances over the five year pay-out period. 3. Indemnification and Release; No Waiver. TENET agrees to release, hold harmless, indemnify and defend the CITY, its officers, agents and employees against any and all claims, damages, lawsuits and expenses, including reasonable attorney's fees (at trial and appellate levels) and costs arising out of the duties and obligations arising from the 1981 agreement and this settlement agreement that may come due in the future, to the extent of the amount of the reimbursement consideration has been paid to TENET in accordance with Paragraph 2. Nothing contained anywhere in this agreement shall be construed to constitute a waiver of any claim, or defense that the CITY may have to the 1981 agreement or this settlement agreement if the Water/Sewer Service and Consent to Annexation and Stormwater 2 Management Assessment Agreement is deemed null and void. TENET shall have the right under this paragraph to assert claims and defenses of the CITY, as well as additional claims and defenses that may pertain to the 1981 agreement or this settlement agreement. 4. Additional Conditions. Should however, a Court of competent jurisdiction determine that the payments made or to be made herein are unlawful or in any manner are in breach of bond covenants, the parties hereto agree that this agreement shall be null and void and no further duties, obligations or liabilities will attach to either party pursuant to this Agreement or the 1981 agreement, and any monies paid hereunder by the CITY will be refunded to the CITY by TENET or its heirs, successors and assigns within ninety (90) days of the date of the court order. By entering into this agreement, neither the CITY nor TENET waives any defenses it may have against the other as it pertains to the 1981 agreement, or the water service/annexation agreement in a suit brought by either party. 5. Assignment. TENET acknowledges TENET may not assign this agreement to any other entity or person except to owners, successors, heirs or assigns of TENET'S property, or if otherwise approved in writing by the City. CITY'S consent to such assignment shall not be unreasonably withheld. 6. Venue~ Laws of Florida Govern. All disputes under this agreement shall be determined by a court of competent jurisdiction and be decided using Florida law with venue in Palm Beach County, Florida. 7. Entire Agreement. This is the entire agreement between the parties. No oral promises, or other agreements, terms or conditions not expressly set forth herein in writing or set forth in subsequent written agreements shall be binding on the parties. 8. Effective Date. This agreement shall be effective when approved by the CITY and properly executed by the parties, with the effective date being when the last signatory to this agreemem executes same. TENET shall furnish such proof as the CITY may require of the authority of individuals to execute this agreemem. IN WITNESS WHEREOF, the parties hereto have entered into this agreemem the day and year first written. ATTEST: CITY OF D/~LRAY ~B~r~/?-I, FLORIDA dity Clerk ' "- t/ ,~35-pdperYn~ayor // /' / qd as to Legal Form: City Attorney ? WITNESSES: Tenet H/~lt~t3CaVorporation ~~N~~;~5~~ Print ~lame: [ ~/4,~ I~ ) Title: C ~O--~'L~ ~,~L ~ Pr't me: .... STATE OF FLO~DA CITY OF PALM BEACH 19~ The foregfl[ng i~egt was.ac~owlegged b fore~e ~,s ~of ~~ , by ///~ ~ /~~~/ ~ (n~me and title of officer and agent), ac~owledging), a (state or place co~oration. ~She is ~son~o me~r has prpduced ~ of inco~oration) ~ __ as identificati~~~~ .~ ro~ Loft Y. Mi~733" m AGREENENT FOR WATER AND SEWER SERVICE OUTSIDE THE DELRA% BEACH CITY LIMITS · hl~ Agreement ("Agreement") enterea into this ~ day of 7~. , 1981, by and between the City of Delray Beach, a municipal corporation existing under the laws of the State of Florida hereinafter re~erred' to as "City"} and National Med£cal Enterprises Inc.~ ajNevada corporation, Medical Office DeveloperslInc.,. A Florida · corporation, Linton-Center Company Ltd., a Florida ~lm£ted partner-. ship [here£na£t~r c011ective~y referred to as "ipplic~nt"). ~HEREAS, the. Applicant owns certain lands llocated in Palm Beach County, Florida and described in' Exhibit A attracted hereto and made a part hereof (hereinafter referred to as "Premises") and the · Applicant is preparing to develop the Premises to construct thereon a medical center~ and, WHEREAS, the Applicant has requested the City to provide water'and sewer ~ervice to'the Premises~ and, W~EREAS, the City is willing to provide 'such service on the terms and conditions outlined in this agre~ment~ and, NOWt THEREFORE~ in consideration of ~10 and other good and valuable consideration including th~ covenants contained herein, the parties hereto intending to be legally bound hereby agree as follows~ 1. The City shall provide water and sewer service in accordance with this agreement to the Premises and charge t~e Appli- cant for such Service in accordance with the City's applicable ordi- nances, =ate s'cheaules and any amendments thereto which the City may hereinafter adopt. It is understood that'the rates applicable under the Cit~ ordinances shall be in addition to the ocher costs and charges set for.th in this agreement. 2. The Applicant shall pay all costs in regard to the installation of the improvements, more particularly described below: (a} The Applicant shall install approximately ten thousand six hundred feet of twelve inch water main in the right-of-way of Military Trail from a point ~'ust south of Atlantic Avenue to be designated by the City, to the existing twelve inch water line at Del Airs ~..]':i... ..~. ~'.. · '":'~ ' .. (b) The Applicant shall install approximately fifty-eight hundred feet of ten inch water line from ~lilitary Trail to connect to the ten inch water line on Linton Boulevard and the twelve inch water line on Ger- mantown Road. (c). The Applicant shall connect the proposed Military Trail water line at Hamlet Drive and at Lowson Boulevard in addition to Linton Boulevard, Germantown Road and Del Aire Boulevard. {d) The Applicant shall install a lift station at the entrance to 'the Premises and Military Tail. {e) The Applicant shall install .approximately thNee thousand feet of twelve inch or fourteen inch sewpr force main {as required by the City) from the proposed lift station referred to in paragraph d above to the westernmost existing manhole on Lowson Boule- vard. {f) The Applicant shall install and turn over to the City, free of all liens and encumbrances by stan- dard form bill of sale, all of the water mains, sewer mains, lift stations and appurtenance~ in the rights- of-way referred to above and within .the Premises. {g) As to any installations requ!z'ed .in this agreement to be done in public rights-of-way, the Applican~ at its expense shall obtain the necessary ap- provals from the applicable governmental authorities. '" In the event the Applicant is unable to obtain such ap- . provals, the Applicant may request, that the City assist in obtaining same and if, after a reasonable period of time, such approvals have not been obtained, this agreement shall terminate as to that type of sez-vice for which approval has been denie~, whereupon the parties hereto shall be relieved of all obligation and liabilities as to the type of service for which permis- sion has been denied. (h) In regard to the ~nstallation of any improve- ments not in the public rights-of-way, the Applicant shall provide easements, the locationc size and type of which shall be subject to the City's approval. ,The easements shall be free and clear o£ a~,l liens and encumbrances and subject only to such ~ceptions as will not interfere with the intended use of the prop- erty for utility purposes and sh'all be s{lbJect to the approv~*l' of the City Attprney. The Applicant shall, as "to such easements~ *furnish the City a title insurance commitment and ~olicy in.an amount equal to the con- struction cost of the utiiity improvements plus the land value of the easement at $30,000.00 per acre for such land value. The title insurance shall be issued through a company approved by the City. (l) The exact location of the installations re- ferred to in paragraphs a through h abpve shall be specified by the City. Furthermore, as to al! improve- merits to be instplled under this agreement, the City. .retains the right in its sole and absolute discretion to approve the detailed plans and specifications for such impr6vements. The Applicant shall conform the plans and specifications as may be required~ by ~he City and shall provide the City with a complete set of the detailed plans and specifications for the Installation of the above referred to improvements prio~ to the Ap- plicant or any of its agents or assigns ent!tring into a contract for the installation of such t~provemenbs. (J) As to the installation of improvements which the Applicant undertakes pursuant to this agreement, the A~plicant shall be res~nsible to obtain an~ pay for all necessary permits and such installation shall be done in accordance with all a~plicable codes, rules · and regulations governing the same, and shall be sub- Ject to approval and a~cepbance by the City. -3- {k) It is agreed that the City ~hall have no liability for a failure to initiate wa!:er or sewer service, or for the reduction or termina~ion in water or sewer service to be provided under thJ.~l agreementl 1} due to prohibitions, restrictions, lll~itation~ on capacity, other limitations, or requirements of local,. regi6nal, st~t~ or federal agencies or other agencies having Jurisdiction over such matters, or 2~ due to acts of God, fire, strike, casualty, maJo~ maintenance work, breakdown of or injuries to machinery, pumps or pipelines, civil or militar~ authority, insurrection, riot, or due to any other causes beyond the City's control. 3. The applicant shall pay to the City, in addition to other costs or charges' referred to in this agreement, the sum of seventy-five thousand dollars as a contribution towards the construc- tion of a water ~torage tank which will serve the Premises as well as other properties. " The sum of seventy-five thousand dollars s~all be paid in increments based upon the phased'development of the Premises approve~ by Palm Beach County. As to each phase, the Applicant shall pay. an amount which beark the same relationship to seventy-fiVe thousand dollars that the land included within the subject phase bears to the totak acreage of the Premises~ e.g. if Phase I is one/third of the t~tal &creage of the Premises, then the payment for that ~hase shall be in the amount of ~wenty-five thousand dollars. ', The payment for each phase shall be paid in full at the time an application is made for any building permit in that ~hase. Notwithstanding the above provision on incremental pay- ments, the entire sum of seventy-five thousand dollars shall be due and payable in full not later than January 15,'1984. The above payments shall be non-reimbursable. 4; Any water and sewer main extensions {including lift station~ made'pursuant to paragraphs 2~a~ through 2(e} of this agree- men~ shall be used only by th~ Applicant unless permission is' granted by the City for another party or parties to connect. In the event --4-- any such party or parties are granted permission by the City to so connect within five (5) years from the date of completion of the main extension installations (including lift station} and approval thereof by the City a pro rata refund shall be made by the Ci~ylto the Appli- cant for each such new customer being granted permission to connect as follows~ The Applicant shall be reimbursed for all, necessary and proper costs and expenses incurred in connection with the installa- tion of the water ahd sewer main extensions {including lift station), excluding land costs, in accordance with the following formula~ The City shall determine the total capacity of the water and sewer main extensions (including lift station}. As to any additional parties permitted by the City to connect to the water and sewer main exten- · sions (including lift station), the City shall be obligate~ to pay the Applicant a percentage of the actual original cost and expenses of the installation'referred to above, which percentage shall be the same as the percentage o~ the total capacity of the water and sewer · main extensions {including lift station} that will. be utilized by the n~w party or parties permitted by the City to connect thereto, toge- 'ther w~th interest on such sum at. the rate of 12% per annum simple interest. {or such lesser rate of interest as is the maximum legal rate for such payments by the City at the time payment'is to be made}. The interest shall be calculated beginning with the date upon which the City has given the applicant written approval an~' accept- ance of all of the improvements referred to in Paragrapi1 2{a} through 2(9). Refund payments shall be due and payable 30 da~,s after such add~tion~l parties have paid to the City their proportionate share of th~ cost of the improvements required pursuant to p~,ragraphs 2(a) through 2{e). It' is understood that payments received by the City frqm such additional parties pursuant to the City's water and sewer ordinances as now existing or hereafter amende~ shall not be con- sidered a source of funds available for any refund payment hereunder. Nor shall funds received by the City under the t~rms of "Developer Utility Service Agreements" for ~mpr0vements other than those speci- fied in paragraphs 2{a} through 2{e), be considered a source of funds avai]abl~ for any refund ~der this paragraph. After the expiration of five (5) years from the comple- tion and written approval thereof by the City of the wa=er and sewer main extensions (in61uding lift station} required by paragraphs 2(a) through 2(e) of this agreementk there shall be no further refunds due the Applicant for any further connections or use of such extensions (including lift station) and the City shall have the unlimited right to permit further connections and use of such improvements. If, however, there Is a water or sewer moratorium during the five year period, which precludes additional ~arties from connecting to the improvements required in paragraphs 2(a) through 2(e}, then the five year refund period shall be extended for a period of time equal to the duration of the moratorium, for.the type of improvements affected thereby. Furthemore, the Applicant acknowledges that its right to receive any refund, pursuant to this paragraph is subordinate to the City's outstanding water' and sewer revenue bonds. Also, the City shall have full right and autho~ity to issue suq~ future water and sewer revenue bdnds as it shall determine and this agreement shall be ~subordinate to the right, title and interest of the bond holders under such bonds. The refund referred to in this paragraph 4 shall apply only to the improvements installed by the Applicant specified £n paragraphs 2(a} through 2(e} of this agreement. 5. The maximum water and sewer service that the City shall be obligated to provide pursuant to this agreement shall bet (a) 'Water service - a maximum of three hundred and ninety-six thousand gallons per day. (b) Sewer service - a maximum of one hundred and sixty thousand gallons per day. (c) The City's obligation to provide'water or sewer service to the Premises shall terminate on January 1, ~990 as to any portion of the capacity referred to in subparagraphs a and b above that remains u~tused by said date. -6- 6. The Applicant hereby agrees to indemnify, defend and hold harmless the City from and against all claims, damages, law suits and expenses~ including reasonable attorneys' fees (both at trial and appellate proceedings, if applicable) and cost~ arising out of or resulting from the Applica~t~s obligation8 under or performance pursuant to this Agreement or in the enforcement thereo£', whether or not incurred on appeal or in connection with post Judgment collection or whether or not suit be instituted. This paragraph shall apply only to claims made. against the City by any person, firm or corpora- tion not a party to this agreement. 7. The Applicant shall not assign this agreement'or any of its rights or obligations hereunder without the express written consent of the City of Delray Beach. 8. ~his agreement shall not be recorded among the public records of Palm Beach Cognty, Florida, and any such recording shall be considered Void. 9. This agreement shall be of no fo'roe and effect unless executed by the Applicant within thirty (30) days of the City's execution hereof. The Applicant shall furnish such proof as the City may require of the authority of the individuals executing this agreement on behalf of the Applicant. IN WITNESS WHEREOF, the parties hereto havel.~xecuted this agreement on the day and year first above written. CITY.'S SEAL) CITY OF DELRAY BEACH ~" 't " By: / ' Mayor / City Clerk ~ ,~' Date: APPROVED ~ By .,~ .. NATIONAL . By~~ Attest: (CORPORATE SEAL ) MEDICAL OFF]iCE DEVELOPERS, INC. 'President , ~ t ~ ,):, . LINTON CENTER COMPANY, LTD. ' Presiden~: o[ Dorson-siemen8  ' ." Corp., a general partner of ' L~ Center 2mpany, ~xSeqreta~ of Do~aoq-Siemens, Corp., a general partner of Linton Center Comp'any ;: Lt~.~, (CORPORATE SEAL -8- EXilIBIT ~ lSheet ] of 3) DESCRIPTION: COF'~IiCIAL PARCEL - (TRACT k PARCEL OF LAND L¥IJlG iX TIlE IIORIXEAST OJlE-qLJARI[R OF S(CTIOII 26, TO~,HSIIIP 46 ~uIX, PAil( 4~ EAST, PAL~ BEACH COUNt, FLORIOk, BE lNG F~OR[ PARTIC~ARLY DESCRIBED AS FOI.LOYS: FROE 1H( HORTHEkST :~RHER ~F ~iD SEC110H 76, COI.C~EHC[ S O0°S~'~Z"[ ALOIIG lite (~ST Lille T~REOF FOR A D]STAHCE OF 67~.3T FEET; ~[HCE S 89058'17"~ ALOIIG THE SO~H L IH( OF ~E HORTH OHE-~LF OF THE HORTHEAST OHE-q~R1ER OF 111[ IIORTHE~ST OHE-qE~RffR OF Sk]D S(C110H ~6 F~ k DiSTAHCE OF 75.01 FEET-lO T~ POINT OF ~[HC( COHT]H~ S 89°58'17"~ ALOHG AFORE~ID Lille FOR A DISTAIICE OF 918.39 FI[T; TH[liCE H 890SB~OT"N. FOR A DiSTAIICE OF 575.80 FEET; TH(HCE H 00'03'53"E FOR k DlSl~IIC[ OF 6~9.18 FEET; T~IICE S 89056'07"E_ALOHG ~IIE SO~tlERLY R]GIIT-OF:~AY LIHE OF 'TILE "L~ ~ORTH DIS~ICT" L-36 CAHAL, A 54.7 FOOT RIG~-OF-~AY AS UOY LAID O~ ~IID Ill U~, P~LLEL TO Alii 5~.7 F(ET SO~H OF, AS ~ASmED AT RIG~ ANGLES TO, TIlE IIORTH Lille OF S~iO S(CTIOH ~6 THE' ~H RIGHT-OF-WAY Lille OF "12TH S~EET EX~IISIO~I" (LIII10X BLVD.) FOR A DISIAII~ OF 149~.08 ~EET. TO k POINT ON A XOX-~ANGEHT CURVE; lli[liCE SO~X~RLY ALONG ~IE ~S1ERLY RIGIIT- OF-~Y L IHE OF "HILIT~Y 1~]L" {STA~ RD.809) AS RECORDED iX OFFICIAL RECORD BOOK, PAGE 565 OF THE PUBLIC RECORDS OF PALH BEACH [OU:I1Y, FLORIDA, AND A10HG ~li[ ARC OF ~ C~VE BEING CONCAVE 10 THE ~5T AliD R~VITIG A RADIUS OF 5~29.65 [[ET, h CliORO 9F 130,3] FEET BERING S 00~01'09"E AND A CEN~L ANGI.E OF 01~18'53" FOR A DISIAIICE OF 130.33 FEE1 10 A POIH1 OF 1ANGEXCY; THEHCE S 00~38'18"X ALOIIG SAID RIGHT Lille A DISTANCE O~ 199.11 f((l 10 A POINT OF C~VAT~E; THENCE SO~ilERLY ALONG ~]D RIGIIT-OF-NAY L IIIE ~IID ALOIiG 1HE A~C OF A C~VE CONCAVE TO THE .EAST tL~V]IIG A P~D]US OF 5779.65 FEET AND A C[II~L AItGLE OF FOR A DISTANCE OF 161.~ FEET TO A PO]HT OF 1ANGFXCY; TIIEIICE 5 00057'~2"E AtOItG SAiD RIGHT OF-~AY LIHE. LYIlIG PARALLEL TO AtlD 75.00 FEET NEST OF, AS REAS~ED AT RIG~ AIIGLES 10. EAST LIltE OF ~ID SECTIOH 26'FOR A DISTAIICE OF 126.88 FEET 10 1lie POIIIT OF TPJ~CT "~" '~ 21.~98 acres more or ]ess EXItlBIT A (Sheet 2 of 3) D.~ESC...~R.IPT]OII: L-36 CAItAL (FROH HILtTAR¥ 1RAIL TO L.IJ.D.D. (1RACT "C") " A PARCEL OF LAHO LYIHG ]H THE IIORTHEAST OIIE-(~UARIER OF SECIIOH 26, 1C~I,/I!SHIP 46 SOUTH, R/~ItGE 42 EAST, PAtH BEACIl COUNTY, FLORIDA, BEIIIG tgOH 1lie IIORIII[AST CORHER OF SAID SECIION 26, CO:'U~,I.:IC[ II 89°56'01"~ ALOIIG 111[ HORIX Lille THEREOF A DISIAHCE OF 65.01 FEET 10 '[HE 14ES1 RIGXI-OF-~AY Lille OF "HILIIARY IRAIL" {SLATE ROAD 809) AS RECORDED 111 OFFICIAL RECORD BOOK 486, PAGE 56S OF 1lIE PuBLic RECOROS OF PALIl BEACIt COUHTY, FLORIDA, AHD THE POIIIT OF BEGIIIItlNG. THEHCE COHTIIIIJE N 89°56°07"H ALOHG TIlE ItORTIt Lille OF SAID SECIiOII 26. AIID AI. OXG 1lIE c. OUTII RIGHI-OF-IRAY LINE OF "12TH STREET EXTEIISIOIt" (LllllON BLVD.) A 'DISTAtlCE OF 1492.14 FEET; THEHCE S 00°03'S3"1~ A DISTAHCE OF 54.70 FEET; THEIICE S 89=S6'07"E A D1STAIICE OF FEET 10 THE ~4EST R]GIIT-OF-NAY LI,~:E OF SIlO "FIILi1ARY 1RAIL" AIIQ A POIItT 011 A i~OH-1AN~EIIT. CURVE; 111EIICE IlORTHERLY ALOI'IG SAiO NEST RIGIIT-OF-IgAY I. IXE AIID AI.OtlG TIlE ARC OF A CU;~,~E BEilIG COltCAVE TO TIlE WEST AND HAVING R RA-nIUS OF 5679.65 FEET, A CtIORO OF 35.71 FEEl ... 8EARIHG H 00e51'74"14 AND A CEI~TRAL AtIGEL OF 00°21'37", FOR A OISTAIICE OF 3S.71 FEET TO A POIItT OF TAtIGEItCY; THENCE FI 01°02'i2"14 ALOIIG SAID laEST AIr. lIT-OF-HAY L]I'iE A OISTAI'ICE OF 19. FEET 10 THE POIrtT OF BEGIIIIilHG. (1RACT "l") I'ROll THE ItORTIIEAST CORNER OF SAID SECTION 26, CON,:4EIICE H 89°S6'07"N AEONG TIlE UORTHLIIIE TF:EREOF A DISTAHCE OF 1557.15 FEET 10 THE POIH1 OF BEGIIINIIIG. THEIICE COHTIIIUE II 89°S$'07"~1 ALONG THE I'lORTil LiLlE Of SAID SECTION 26 AHD ALONG THE ~Ulil RIGHT-OF-I,/AY, L lite OF "12TH STREET EX1EIISION" (L IlllOII BLVD.) A DISTAIlCE OF 10;79.01 FEET; IlI[NCE S 00°~2'56"E ALOtIG TIlE EXIST]HG EAST RIGHT-OF I,:AY IlllE OF 1lIE "LAKE ~40RTil DP,~IIIAGE DIS1RICT" E-3 CAIIAL AS .RECORDED IH Clir, IICERY CASE IlO. 407 OF 1lie PUBI. IC RECORDS OF P~tLH BEACIl COLelTY m FLOR IDA ~ 'A DISIAIiCE OF S~i.70 IFEET; 'lilT:liCE S 89°56'07"E R DISTI .-.~: OF i028.5E FEET;' TIIENCE Ii 00°03'S3"E /~ DISIAtlCE OF 54.70 IREET 10 TIlE POINT OF BEG]IINIIIG. (TRACT ",C::) CONTAiI'IS: 1.874 ACRES I~.qRE OR LESS (IRACI 'l ) COt;,1.,AINS: 1.292 ACRES H~)RE OR lESS ..... EXHIBIT ~ (SheeL 3 of 3) RIHGE ~ (AST, PALH BEACH CO~, FLORIOk, B(IIIG I~RE PIRIIC~.IRLY D!SCRIBED AS FU.LO~ fROH 11( HORIIIEA~ CORfI~R OF SAI6 S(CI TH(REOF A DISIAHC~ OF 1557.15 F(ET; 1tlEHCE S 00"03'53"~ PO]HI O~ B[GII~II]HG. TH(HCE COXTIH~ S 00°03'53"~. A DISIAHCE OF 619.18 S:.89056'07"[. A OISTAHCE O~ 575.80 ~(ET 10 SOUTH~ST OH[-q~RIER OF THE HORTHEAST OHE-qLJ~RIER S(CTIOH ~6; IH(HC[ S ~04~'37"[ ALOHG THE EAST Lille IH(HC[ S 890~'43"N ALOHG TIlE_SOUTH L]HE OF S~]D SEC1)OH ~6 A D]SIAIIC[ OF ib03.77 ~EEI; TIEIICE II O0'~'S~,"~ AtGltG IHE [XISllHG EAST RIGHT-Of-WAY L]HE O~ THE "LA~ OORlll C~HCERY ~SE HO. 407 OF THE PUBLIC RECORDS OF PALH BEACII CO~l~, FI. ORI~A, A DISlk~C[ ' ORAIHAGE .OISTRICT" L-36 CAtlAL (h 54.7 FOOT RIGIII OF-~Y) I'~RALLEL 10 AIID 54.7 FEEl OF, AS ~I[AS~(D AT RIGHT AHGLES 10, !028. S~ ~EET 10 THE POIItT OF B(GIItlIIHG. TRACT "G" - 39.460 acres more or ']ess ,( . . . {]05) 278-2841 DELRAY BEACH, FLORIDA ~3444 National Medical En~e=~ises, Lin2on Canha~ Company, Lkd. SubJech;~ A~=aemenk ~ Wahar an~ Sewe~' Sa~ce Ouhaide the Dalra~ Beach City G enhleman :' I have execu~e~' 2he above ~a[erenced ag~eemenh got ~2er" and sa~e~ service ouks~da khe C~y l~m~s. ~ execuh[on og kh~a ag~aemen~ and its delivery to you is expressly 30 days f~om kha dake he~eo~ I shall be ~u~nished ~om ~ak~onal ' ~ed~a~ En~e~p=~sea, Inc.~ evidence sah[sfacko~y o~ the au~ho~ih~ o~ khe og~ce~s o~ N.H.E. to execuhe hh[a a~=eemenk and kha~..accompanyin9 le~ke~ da~ed ~anua~ 27, 1981; ohhe~aa, ~he City shall have no obliga~ion unde~ ~he agreement. .. S ~n~e~e[y yours, ' heo~ H. ~eekes Rlc~ s~ans 0n behal~ o~= HediCal O~fice Bavalope~s, Lin~on Cen~e~ Company, AGREEMENT FOR WATER AND SEWER SERVICE AND CONSENT TO ANNEXATION AND STORMWATER MANAGEMENT ASSESSMENT THIS AGREEMENT, made on this /~/~ day of ~/~/9]_~J__/ , 1999, by and between TENET HEALTHCARE CORPORATION, a Nevada corporation (formerly known as National Medical Enterprises, Inc.), TENET HEALTHSYSTEM HOSPITALS, INC. (formally known as NME Hospitals, Inc.), hereinafter called the "Customer", and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WITNESSETH: WHEREAS, the Customer owns certain lands located in thc unincorporated area of Palm Beach Count; and WHEREAS, the Customer previously entered into a water service agreement in February of 1981; and WHEREAS, the Customer desires to expand in its current location and desires to execute a new water service agreement; and WHEREAS, the City has the capacity to service the expanded facility; and WHEREAS, the City customarily includes the voluntary consent to annexation in the City's standard water service agreements; and WHEREAS, the City and Customer desire to include a consent to annex in a phased manner as part of this agreement; and WHEREAS, the City agrees to provide water and sewer services to Customer for the premises as defined herein under the terms set forth in this amendment. NOW, THEREFORE, the Customer and the City, their heirs and assigns, for and in consideration of the promises set forth herein agree to the following: 1. Recitals. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Premises. The Customer owns lands described in Exhibits A, B, C, and D (hereinafter referred to as premises or parcel[s]). 3. Extensions and UpRrades. If the Customer requires additional water/sewer infrastructure, including, but not limited to lift station improvements over and above that which exists as of January 1, 1999, to service the Premises or as a result of the currently contemplated building expansion or other expansions that may occur in the future on the Premises, the Customer shall pay for all extensions and upgrades necessary to service any building expansion and any upgrades to the water/sewer infrastructure that are needed as a result of the impact of any building expansion or as a result of increased needs of Customer whether on or off Premises. The City will be responsible for normal repair and maintenance of the infrastructure located up to and including the meter (water) and located up to and including the main (sewer). Customer shall maintain all service laterals. The City and Customer shall share equally the costs of upgrading from two-inch water lines, if applicable. The Customer agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing needed to provide extensions of services or upgrade(s) to the 2 water/sewer infrastructure. The Customer shall be responsible for the installation and conformance with all applicable codes, rules, standards and regulations of all service lines, and connections on the Customer's Premises. The City shall have the option to perform the necessary work or the City may have such work performed by outside forces after bidding same in which case the Customer shall pay in advance as provided herein, except for any upgrades of the two-inch lines in which event the parties shall share equally in the costs, and payment shall be made by each party concurrently. If the City exercises its option to perform the necessary work, the City will provide a cost estimate to Customer for approval. If the cost estimate is unacceptable to Customer, City shall have the work performed by outside forces after bidding. In the event the City has such work performed by outside forces, the Customer shall remit such advance funds prior to the start of construction as set forth in a notice to proceed and any additional funds as may be necessary to pay for the actual completed project for the extension of services sixty (60) days after billing by the City. 4. Excess Capacity. Any main extension required by the City to connect other parties that require upsizing of the main over and above that which is necessary to meet the Customer's needs for the Premises will be the responsibility of the City and/or third parties and not the Customer's responsibility. If the City requires up-sizing or increased capacity beyond what is determined to be reasonably adequate for the Premises, by the Director of Environmental Services, in size and/or capacity, a pro-rata refund will be made directly to the Customer by the City to compensate for these additional costs within thirty (30) days of the City's final acceptance of the system for operation and maintenance. The City may require Customer to get bids to document the pro-rata refund value to be paid to Customer, if Customer builds the infrastrucure. The Customer acknowledges that its right to receive any refund pursuant to this paragraph is subordinate to any and all requirements concerning the City's outstanding water and sewer revenue bonds. 5. Title to Facilities. Title to all mains, extensions and other facilities extending from the City water distribution system to and including the meter to service the Customer and the Premises shall be vested to the City exclusively. Customer shall provide a bill of sale or other documents of title to City upon request. Failure to provide such documents shall not adversely affect the transfer of title to the City. 6. Rates. The Customer agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits applicable under the City's ordinances and rate schedules which are now applicable or as may be changed from time to time, for those parcels located outside of the City limits on the same basis it charges similarly situated customers. Once a parcel is annexed, the inside City rates shall apply, as may be changed from time to time. 7. Easements. The Customer, at Customer's expense, shall provide any rights- of-way or easements on the Premises that the City determines is reasonably necessary to provide services to the Premises or to other parties. Customer shall use its best efforts to secure releases or subordination of mortgage documents from the mortgagee in the event the property is encumbered by a mortgage(s). 4 8. Surplus Water. It is understood by the Customer, and shall be binding upon the Customer, his transferees, grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold under this agreement is made available from a surplus. If a surplus does not exist at the time of the Customer's actual request for commencement of service, as reasonably determined by the City's Environmental Services Director, then the City without liability may refuse to initiate service to the subject Premises. However, the City shall use its best efforts to provide water/sewer services to the Delray Medical Center property described in Exhibit B in recognition of the importance of the facility to the public health, safety and welfare of City residents. 9. Annexation; Covenant Running with the Land. A. Voluntary Petition. The Customer further agrees in consideration of the privilege of receiving water/sewer service from said City, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 171.044 and other applicable sections of Chapter 171 of the Florida Statutes or amendment thereto. Furthermore, should other general law, special act, or local law be enacted which provides for voluntary or consentual annexation, this agreement shall also be considered a petition and request for annexation under such other laws. The Premises shall be subject to annexation pursuant to Paragraph 9B of this agreement. The legal description of the subject Premises is as set forth in Exhibits A B, C and D. The Customer acknowledges that this covenant for annexation is intended to be and is hereby made a covenant running with the land hereinabove described. That this agreement is to be recorded in the public records of Palm Beach County, Florida, and that the Customer and all subsequent transferees, grantees, heirs, successors, and assigns of the Customer shall be bound by this annexation agreement. B. Annexation Phases. The annexation shall be done in a phased approach provided, however, that should this phased approach not be deemed in accordance with Florida law as to contiguity, or compactness or if it is deemed that an enclave is created by the phased approach, or if any other Florida law requires a different phased approach, the Customer agrees to substitute other parcels of land referred to below to avoid any violation of law, or if necessary, agree to alter the schedule referred to herein in another manner that will ensure that the entire area will be annexed by 2011. The phased approach schedule is as follows: (1) By March 31, of 2001, the City will prepare ordinance(s) annexing the parcel of land known as the Palm Court Shopping Pavilion legally described herein in Exhibit A, and the land shall be annexed into the City if the City, exercising its legislative authority, desires to adopt said ordinance(s). (2) During the year 2005, the City will prepare ordinance(s) annexing the parcel of land known as the Delray Medical Center legally described herein in Exhibit B, and the land shall be annexed into the City if the City, exercising its legislative authority, desires to adopt said ordinance(s). (3) During the year 2008, the City will prepare ordinance(s) annexing the parcel of land known as the Fair Oaks Property legally described herein in Exhibit C, and the land shall be annexed into the City if the City, exercising it legislative authority, desires to adopt said ordinance(s). (4) During the year 2011, the City will prepare ordinance(s) annexing the parcel of land known as the Lago Vista Property legally described herein in Exhibit D, and the land shall be annexed into the City if the City, exercising its legislative authority, desires to adopt said ordinance(s). 10. Stormwater Assessment Consent. It is understood by the Customer that the Customer by signing this agreement is hereby providing written consent to the Stormwater Management Assessment levied by the City pursuant to its ordinance and Florida Statutes, Chapter 197. This consent is a written covenant running with the land. This agreement shall be recorded in the Public Records of Palm Beach County, Florida. The Customer and all subsequent transferees, grantees, heirs, successors, and assigns of the Customer shall be bound by this written consent to the Stormwater Management Assessment, which shall apply to each parcel when annexed into the City. 11. Home Rule Power; Police Powers. It is hereby agreed that the City shall have no liability for the interruption or termination of water/sewer service to the Premises, if the City Commission shall determine that it is appropriate to protect the public health, safety and welfare of the Premises or inhabitants in the City of Delray Beach, so long as the Premises remain outside of the City limits; provided, however, in recognition of the health, safety and welfare of City residents and others needing hospital and other critical care services, the City shall use its best efforts to continue to provide water/sewer services to Delray Medical Center 7 Premises described in Exhibit B. In the event the City Commission, however, makes such a determination, the City shall be and is hereby authorized to discontinue water service to the Premises upon ninety (90) days written notice given by the City. In the event that the City Commission of the City determines that it is necessary to discontinue water/sewer service to the Premises for more than forty-five (45) cumulative days in any calendar year, then the City shall execute a recordable release of this water service agreement wherein all remaining obligations hereunder including the further annexations shall not be required and the release shall be recorded at the expense of the City. 12. Limitation of Liability. In addition to the limitation of the City's liability under Paragraph 11 above, it is agreed the City shall have no liability in the event there is a reduction, impairment or termination in water/sewer service to be provided under this agreement due to any prohibitions, restrictions, limitations, or requirements of local, regional, state, or federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water/sewer service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other causalities, other force majeure events or other circumstances beyond the City's reasonable control. As of the date of signing this agreement, City warrants they do not know of anything that would prohibit its performance hereunder. 13. Indemnification. The Customer hereby agrees to indemnify, defend and hold harmless the City of Delray Beach, Florida, its Mayor, members of the City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with postjudgment collection) and costs arising out of or resulting from the intentional, willful, and/or negligent acts of Customer, or Customer's failure to pay for improvements required hereunder or any acts or omissions that may arise from the performance of Customer's obligations pursuant to this agreement. 14. Use of Water for Irrigation. Any water furnished under this agreement shall not be used for irrigation purposes pursuant to city ordinance, unless such use is reasonably and specifically and separately approved by the Director of Environmental Services because the chloride content of available groundwater is deleterious to plant life of each of the parcels of land referred to in Paragraph 2. 15. Laws. Prior to annexation and as an expressed condition of this agreement, the Customer further agrees to abide by all ordinances of the City which are in effect at the time of development, redevelopment, or renovation on the site and which pertain to land use and development matters so long as same do not impose standards different from or which conflict with County requirements for same. Such matters include, but are not limited to signage, landscaping, architectural review and approval, and the City's formal site plan review and approval processes. However, prior to annexation of a parcel, no development requirements of the City shall be imposed which conflict with any County ordinance development standard or requirement, if the County development standard or requirement applies. After annexation of a parcel, the City's ordinances, as may be amended from time to time, shall apply 9 prospectively; however, Customer shall be considered vested at the time of building permit issuance by the City or the County. If the County has issued the building permit, the Customer shall be vested and the applicable County ordinances and standards shall apply. If the City issues the building permit, the Customer shall be vested and the City ordinances and standards shall apply. 16. Assigmnent. The Customer acknowledges that this agreement runs with the land and that Customer shall not assign this agreement to any other entity or person except to owners, successors, heirs or assigns of the property covered by this agreement, or if otherwise approved, in writing, by the City. The City's consent shall not be unreasonably withheld. 17. Effect of Agreement. This agreement shall become void as it pertains to each separate parcel of land described in Paragraph 9 and Exhibits A, B, C and D upon annexation of each respective separate parcel into the City of Delray Beach. The agreement will remain in effect as to the parcels of land subject to this agreement, but not yet annexed into the City. 18. Entire Agreement. The agreement constitutes the entire agreement and no oral promises, terms or conditions not expressly set forth herein in writing shall be binding on the parties. 19. Effective Date. This agreement shall be effective when approved by the City and properly executed by the City and Customer, with the effective date being when the last signatory to this agreement executes same. The Customer shall furnish such proof as the City may require of the authority of the individual executing this agreement on behalf of Customer. 10 IN WITNESS WHEREOF, the parties hereto have this agreement the day and year first written. ATTEST: CITY OF DE~Y BE//E~/~_ ORIDA ~~~/~Z~ ~/O~ By: ~/~ /~~f City~ :Clerk~ : ! ,~ A~p~n, Mayo~ Avproved as to Form: Cit~Attomey '~! Legal Description APproved by the Planning and Zoning Department: WITNESSES: CUSTOMER: .~ ~._._ Tenet H~ealthcare,~orporation By: Print Nme: ~h~O~ ~~ ~ Print STATE OF ~~/'~ (SEAL) COUNTY OF ~~ The forego~g imt~ent was ac~owledged before me ~is 19~, by ~/~ ~/~~d ~(name and title of officer and agent), ac~owledging), a (s~te or place of inco~oration) co~oration. ~he is personally kno~ to me or has produced as identificati~ ~namre o~N~blic~ ~ ~ ~ ~lr~ OU. ~, gO0~ 11 WITNESSES: CUSTOMER: Tenet ~l~h~tem Hospitals, Inc. :r,nON~'ne:- ?/~:!~ ,%.'{~.v/~ Print Name: Print N~e: ~ ~-c ~ ~ ~e~ ' (~ (SEAL) STATE OF The foregoing instrument was ac~owledged before me ~is / ~, of ~~, 19 ~, by ~[ ~ ~/~~ / ff ~ (name and title of officer~~and agent), ac~owledg~g), a (state or place of inco~oration) co~oration. ~She is ~ me or has produced as identification. ,:,. '~'Og ~' A~N~C B~DING CO., watersrv.frm 12 A PARCEL OF [AND 61TUAI'E IN BEC]ION 26, TOWNSHIP 46 ;13LITIt, RANGE ~I;~ rfAST, ~'ALM BEACH COUNTY. FLDRIQA I~EIN(] MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' ' COMMENCING AT THE NORIHF. A~T CORNER OF 9AID SECTION ;Z6, TItENCE Nell' M' Ol"'W ALONG THE HORTH UNE OF SAID SECTION, A DI~[ANCE OF aS.o]' TO THE WESTERLY RIGtlT-OF- WAY U~IE (;IF MILITARY IRAIL, AND THE POINT OF BEGINNING: FROM THE POINT OF BEQINNIN(], THENCE ALOHG ~JUD WESTERLY RIGHT-~IF-WAY UNE, 601' OE' t ~.'tN A DISTANCE OF t II.OIl' TO THE BEGINNING OF A CURVE, HAVINQ A RADIUS OF FROM WHICH A RADLJkL LINE BEARIi Baa' [i7' liB'W, THENCE BOUIHERLI ALONG THE ARC OF 6AID CURV~, 6UBIENDINI) A CENTRAL ANGLE OF ITt.' 40' ~ie', A I]I~LTANOE OF tU.D4' To THE END OF BNO CURVE; 1'HENCE Ii01]' ~8' te'~/A DISTANCE OF tll~.t t' TO I~IE BEGINNIN(~ OF A CURVE, HAVING A RADIUS OF 6rJ~.li5', FROM WHICH A RAI~IAL IJHE BF-JU~ Bell' 2t' 42'E; THENOB SOUTHERLY ALONG THE ARC OF SAID cURVE, BUBI'ENDINI] A CF. JdrrRAL ANGLE OF 0!' · - :Ill' GO' A OlaTANOE OF 161.40' ;(] THE END OF ~Jkltl CURVE; THENCib BDO' El" 4Z'E A DIb-r~,NCE THENCE B~' El' 1T~A/A DII~TANCE OF B~.,~5'; THENOE NIXIP I~' ~I'E A DIBTANCE OF 57ii.31'; THENCE $1~' Sll' UT'E A DISTANCE OF ;~o.oe'; THENCE HaD* D~' S.I'E A DIBTANI~E OF 4E.50' TO ;tie AFOREIM, IO NORTH UNE OF ~iAID SECTION; THENCE ~tll9' ]ill' O?'E ALONG ~AID SECTION UNE. 'A DIS]ANISE OF 11~11.~4' 1'0 THE POINT DF BEI31NHINQ. TOGE'THER WIIH THE FOLLOWING DESCRIBED PARCEL: A PARCEL OF I. AND SITUATE IN 6ECTION ES, TOWNSHIP 48 SOUTH, RANGE 4E I=.J~T, PALM BEACH COUHTY. FLORIDA, BEING MORE PARTICULARLY DESI~RIBED KB FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OI= SAID SECTION ES, THENOE Nail* 5[i' eir'W ALONG THE HORIl-I LIHE OF BAll:) BEC]ION, A DISTANCE OF es.et' TO THE WE&'TERLY RIGHT-OF- WAY OF MILIl'/d~lf TP,/dl.; THENCE ALONGI SAID WESIERL¥ RIGHT-OF-WAY, SOl' DE' t~'W A DISTANCE OF 1II.GO' 1'0 THE BEGIHNING OF A CUI~VE, HAVING A RADIUS OF lid'/il. SS', FROM WHICH A RADIAL UNE BEARS BM' 51r' Se'W: THBNOE 8cIUTHERL¥ ALON{~ THE ARO OF SAID CURV~ BUBIEND!NG A CENTRAL ANGLE QF D!'40'3D', A DISTANCE OF IF~.~I° TO TilE ENO OF SAID CURVE: THENCE $I~I]~S'I[i'W A DISTANCE DF 199. t~' TO THE BEGIINNINQ OF A CUII~E. HAVING A RADIUS OF ST/9.115', FROM WHICH A RADIAL LINE BBA~B 6li9'Et'42'E, THENCE SOUII~ERLY ALDH~ ]HE rJ~ll~ OF SAID CURVE. SUBTENDING A CENTRAL ANGLE OF .... A DISTANCB OF t~t.~O' ~O 1'HE END OF 6AID CURVE: THEHGE SOD' ST":aE'E, A DISTANCE OF · 9.~6' 10 1'HE POINT OF BEGINNING. THE POINT OF BEGINNING AND DEPARTING FROM SAID I~W LINE 1~4, 3o't~'W D~STANCE. OF ;11t.64': THENCE Bail'sa ;nv A DISTANCE DF lille. Oil'; THENCE NSg' sa' D~'W A DIST'AHCE OF 5~4.II1'; THENCE N44' 51t' DI'W A DISTANCE OF ;IS.3S'; THENCE BDO' DII~TANCE OF 1~/.01]': THENCE ~BIi' 58' nT'E ,~ DI81'ANOE OF l~ae.lll]'; THENCE Nail'[ia'tT'E DI~TAHCE OF BIS.3e' TO THE AFORESAID WESTERLY RIGHT-OF-WAY LINB OF MILl]JIFY THENCE NO0' B?' 4E'W ALONG SAID RIGHT-OF.WAY UldE, A DIaTANCE OF 7~.~1~' TO THE POINT OF lite ABOVE PARCEL CONTAINS 14. IglJ ACRES. MoRE OR LiTeS. EXIIIBIT A PI~OPI~K'I'¥ I)I~SCItlI"I'ION: A puJccl (~ lan~ pilualc Iii ~tiu~ 26, 'l'owlld)ip 4fi 8cmlh, IT~lg~ Florida. bei.B ;m~ro p~ictdarly dcHerlhed aa Ih0nee oehlim~ along the ani~ e~tefl)' linc or 'i'~aet "E" un(I nion8 Ilia eMtel~y ~)uiJl lTti~O2'O8" ~eal a die.ncc (al' 4S.U6 I~ol tn n J)oJLd Of utt~alU~ O[ ~ eU~e conco~'e lo thc 5uulhwestefly alo:tg lira ale of' ~d ethic, thiotlgh n cclih'lll anglo of 370.1.1'23'', n dist~ce of 199.97 Ibet~ thence Rnillh 57'35'3 I" West n disbmce of 7B.611 feet lo e(meQve to tho aOUdle~l, havlll6 a ~iua ill' 1,17.(16 IL-et; II.ncc ao~w~mlly along ellrve, l~o~lah a centred linde of S7°31'47. h ~dlance of 147.66 I~el; Ihen~ ~olllh a dis~cc 0f268.35 I~ei to lite ~mlhea~l colll~ tsf said T~nct "Ii". ~d ~mer lylnu on linu of '['fnet '(1" us described in said OflTcjul lizard [imsk ~441, Palp 369i th~n~ all)[~ Ihe quintet of Ihe I)Odtianat qU~l~ n[ ~dd Sec. llmj 26 Yolllh 00'47'39" ~ ~int on dm ~outh. lille al' Ihe ~mlh Imlf of tho aodhenal quatler of geld 8eolian 26; Ihunce alone In omclul Re~td Book 7818, Page t39, Publlu Ruc.~s uF Palm Ilei~ Calmly0 Florida, said poi. I hell18 tin O C~C Cf)helVe ~ lbo Smith having a radius o1' 758 I.'14 reel end frnm wldoh a rfldinl ling ~ 8uu(b Oie42'34'' EIIII; thence almig said g.ulh riRhl~lLway I~o ~d ~J~rl)' alan& the mc el' mild curve, Ihtmloh a cen~ll angle ~)1' O1"46~47', n dl~ence of ~3.5.4fl~ r~t lo u ~inl oil die ulhle~id Ho~l line of 8eelhm 26; thellee alonR said Noah Iiiio 8.1,~ Rgo~6~0T'' East n ~'liainnce of 68g. I T ~eet to the I'OINT Of DIJL~A YMC.L(.IL 04/I 719H ~/k~d~ EXIIIBIT B iqkOPiJR'l'¥ D£.qCRIPTI(.)N: fs(:)i.J' I'i i PAFtCPl. Comma~ al t~u no,boHr celtic tlt~id ~ccllon 26; Ihcn~ nlon~ tho No[~ Iis:~ of said ~cticm 26 N(:flh 8~"Jfi'OT" West[ a di~cc of J967.7~ I...iuto. floulev~ U dnsorih~ in Ofllclnl Rtcord Book 7618, Peon i]9.'rubllc ~co~s of Palm Om~ Co~t~. Florida, sild ~iflt hclnK n ~jpt s~d c~ve, t~uugh & ~cm~ nnGle of UI~4G'qT', ~t dlstnnce of 235.48 f~ot' m a n~n-~g~l line; Wes~ n diet.ce of 635.69 r~l Jo n pedal i)s~ flzu Snmh list~ of doe Houth half of l~ ~orthe~t q.~teT t)f aid H~tlon 26; fllen~ al.ns s.ld Bottlh nines s~d ~,l IIn~ Noflh Oo°31'11' ~al, tt tlisl~,~ of ~36.91 fc~ lo a p~lnt on the ~d South dislnnc~ of 375,7l ~eel to ~u POINT OF Com~nlnff I, nil 216,q91 ~lf~ Feet or 5.4,lfl ~rus, sm)re iJr lcfii. EXHIBIT C I'ROI'F. ITTY DI~SC. RIP*I'ION: N()N'I'I.I A parcel oFland $|nlntu Iii ~c~on ~6, Township 46 ~outh, I~lmgc 4~ i~.t, P~m ~Ju~h Linton IJo~ov~d nB dascflb~d In Oj'ficinl I~eeord ~m)k 781R, P~e [19, PtthlJc I{e~s uJ' Pulm Bcnch Count, FIo~dh, ~d ~Jnt being u Imint of cm-vnlmo tfl' a c~ cnn~ve 1o the ~oml~ Wing , ~dlus Of 7581.44 faet~ Ilzence alonE n~[ St~ulll tighl-ul~-way )J,e ~ ~stu~ly along ~c et- oF said e.rve. Ihrough a ~n~ul n.81e o[I)1"4~'47"~ a dist..cc of 23~.46 ~t m n mm-lm~gent Ih~ POINT O~' ItI~(IINNINOt thonqc ~otfll~ 00"03'53" ~u~l. n distan~ o1'7[~.~4 ~et to a I~,inl nn ggus~'O7'' Welt, t dls~ o1'375.71 I~l lo n I)oh)t o, tho ~nst IJnu of the Woos 56.10 Ib~ IJoflitwest qulrler of sold Section 26~ thDnc~ uJ.mJ~ ~d East line Nollh (~31' I [' Wost~ ~ diam.ce 9t)l,~ rJBhl.of.w~y Ilno Hoflh q6° 18'2 I" Ihtst. ~ dlsm~ ()f 121,4S ~ ~ a ~J,. of am*vahtrc c~ve, throush fl ccn~nl talkie of Ill ~8 45 , fl (IJstltiJcc nf ~61.90 Feat to the I)l)lN'l (')F .f EXHIBIT D ............................... ~ii , i I , ',ii i i :',i i I I ~¢o¢ ~ il z -I < - ................................... ~,~i > [ , ,' L_'__~_~_~ :_~'__~_~'__~'__~_~:_~'__~_~'__~_. ~ ~___ o ~5 ',;. ~ , , , ,,~ i, ,, , % ,, , ~ ,, < ,J, I qVN~3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGREEMENT FOR WATER AND SEWER SERVICE AND CONSENT TO ANNEXATION AND STORMWATER MANAGEMENT ASSESSMENT 4.6.7(E)(7) DATE: MARCH 15, 1999 Please note that page 6 has been m9dified.*~L~ !asr p~2egraph en page 6 '::as °_mended 4~ ,,~n~ 1" ;~o,~ nf "90n~ "~4 ...... ~. ~' ~ . ~r,A ~.. ff ......... MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGREEMENT FOR WATER AND SEWER SERVICE AND CONSENT TO ANNEXATION AND STORMWATER MANAGEMENT ASSESSMENT 4.6.7(E)(7) DATE: MARCH 15, 1999 Please note that page 6 has been modified, the last paragraph on page 6 was amended to read "2011" instead of "2001 ." [lTV ElF DELRIW BEI:I[H CiTY ATTORNEY'S OFFICE TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH ~ MEMORANDUM Ail. America City TO: City Commission 1993 David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Tenet Healthcare Corporation Agreement for Water Sewer Service and Agreement and General Release - Revised The hospital has executed the above agreements. The Water Sewer Service Agreement provides for annexation over a period of time of four parcels of land and consent to the Stormwater Assessment when annexed. The Palm Court Shopping Pavilion is scheduled for annexation in 2001, the Medical Center in 2005, the Fair Oaks property in 2008, and the Lago Visa property in 2011. The City's ordinances regarding development shall apply prior to annexation to the extent they do not impose different standards or conflict with County requirements. Vesting will occur at time of building permit issuance and if issued by the City, the City's Code of Ordinances shall apply. The second unrelated agreement is an agreement and release providing for reimbursement of monies to the hospital due to expansion and upgrades made by the hospital to provide service for the benefit of third parties. The agreement provides for payment of $44,947.00 on the first of March of each your for a five year period commencing March 1,2001. I am sending three original agreements to the City Clerk. Please place the agreements on the City Commission agenda for March 16, 1999. Please call if you have any questions. cc: Alison Harty, City Clerk Lance Friedman, Esq. ~OZ z ~ - I 0 ~ 0 ~ ~o o~ oo~ ~VNV3 g-3 AGREEMENT FOR WATER AND SEWER SERVICE AND CONSENT TO ANNEXATION AND STORMWATER MANAGEMENT ASSESSMENT THIS AGREEMENT, made on this ~ day of , 1999, by and between TENET HEALTHCARE CORPORATION, a Nevada corporation (formerly known as National Medical Enterprises, Inc.) hereinafter called the "Customer", and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WITNESSETH: WHEREAS, the Customer owns certain lands located in the unincorporated area of Palm Beach County; and WHEREAS, the Customer previously entered into a water service agreement in February of 1981; and WHEREAS, the Customer desires to expand in its current location and desires to execute a new water service agreement; and WHEREAS, the City has the capacity to service the expanded facility; and WHEREAS, the City customarily includes the voluntary consent to annexation in the City's standard water service agreements; and WHEREAS, the City and Customer desire to include a consent to annex in a phased manner as part of this agreement; and WHEREAS, the City agrees to provide water and sewer services to Customer for the premises as defined herein under the terms set forth in this amendment. NOW, TItEREFORE, the Customer and the City, their heirs and assigns, for and in consideration of the promises set forth herein agree to the following: 1. Recitals. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Premises. The Customer owns lands described in Exhibits A, B, C, and D (hereinafter referred to as premises or parcel[s]). 3. Extensions and Upgrades. If the Customer requires additional water/sewer infrastructure, including, but not limited to lift station improvements over and above that which exists as of January 1, 1999, to service the Premises or as a result of the currently contemplated building expansion or other expansions that may occur in the future on the Premises, the Customer shall pay for all extensions and upgrades necessary to service any building expansion and any upgrades to the water/sewer infrastructure that are needed as a result of the impact of any building expansion or as a result of increased needs of Customer whether on or off Premises. The City will be responsible for normal repair and maintenance of the infrastructure located up to and including the meter (water) and located up to and including the main (sewer). Customer shall maintain all service laterals. The City and Customer shall share equally the costs of upgrading from two-inch water lines, if applicable. The Customer agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing needed to provide extensions of services or upgrade(s) to the water/sewer infrastructure. The Customer shall be responsible for the installation and conformance with all applicable codes, rules, standards and regulations of all service lines, and connections on the Customer's Premises. The City shall have the option to 2 perform the necessary work or the City may have such work performed by outside forces after bidding same in which case the Customer shall pay in advance as provided herein, except for any upgrades of the two-inch lines in which event the parties shall share equally in the costs, and payment shall be made by each party concurrently. If the City exercises its option to perform the necessary work, the City will provide a cost estimate to Customer for approval. If the cost estimate is unacceptable to Customer, City shall have the work performed by outside forces after bidding. In the event the City has such work performed by outside forces, the Customer shall remit such advance funds prior to the start of construction as set forth in a notice to proceed and any additional funds as may be necessary to pay for the actual completed project for the extension of services sixty (60) days after billing by the City. 4. Excess Capacity. Any main extension required by the City to connect other parties that require upsizing of the main over and above that which is necessary to meet the Customer's needs for the Premises will be the responsibility of the City and/or third parties and not the Customer's responsibility. If the City requires up-sizing or increased capacity beyond what is determined to be reasonably adequate for the Premises, by the Director of Environmental Services, in size and/or capacity, a pro-rata refund will be made directly to the Customer by the City to compensate for these additional costs within thirty (30) days of the City's final acceptance of the system for operation and maintenance. The City may require Customer to get bids to document the pro-rata refund value to be paid to Customer, if Customer builds the infrastrucure. The Customer acknowledges that its right to receive any refund pursuant to this 3 paragraph is subordinate to any and all requirements concerning the City's outstanding water and sewer revenue bonds. 5. Title to Facilities. Title to all mains, extensions and other facilities extending from the City water distribution system to and including the meter to service the Customer and the Premises shall be vested to the City exclusively. Customer shall provide a bill of sale or other documents of title to City upon request. Failure to provide such documents shall not adversely affect the transfer of title to the City. 6. Rates. The Customer agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits applicable under the City's ordinances and rate schedules which are now applicable or as may be changed from time to time, for those parcels located outside of the City limits on the same basis it charges similarly situated customers. Once a parcel is annexed, the inside City rates shall apply, as may be changed from time to time. 7. Easements. The Customer, at Customer's expense, shall provide any rights-of- way or easements on the Premises that the City determines is reasonably necessary to provide services to the Premises or to other parties. Customer shall use its best efforts to secure releases or subordination of mortgage documents from the mortgagee in the event the property is encumbered by a mortgage(s). 8. Surplus Water. It is understood by the Customer, and shall be binding upon the Customer, his transferees, grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold under this agreement is made available from a surplus. If a surplus does not exist at the time of the Customer's actual request for commencement of service, as reasonably determined by the City's Environmental Services Director, then the City without liability may refuse to initiate service to the subject Premises. However, the City shall use its best efforts to provide water/sewer services to the Delray Medical Center property described in Exhibit B in recognition of the importance of the facility to the public health, safety.and welfare of City residents. 9. Annexation; Covenant Running with the Land. A~ Voluntary Petition. The Customer further agrees in consideration of the privilege of receiving water/sewer service from said City, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 171.044 and other applicable sections of Chapter 171 of the Florida Statutes or amendment thereto. Furthermore, should other general law, special act, or local law be enacted which provides for voluntary or consentual annexation, this agreement shall also be considered a petition and request for annexation under such other laws. The Premises shall be subject to annexation pursuant to Paragraph 9B of this agreement. The legal description of the subject Premises is as set forth in Exhibits A B, C and D. The Customer acknowledges that this covenant for annexation is intended to be and is hereby made a covenant running with the land hereinabove described. That this agreement is to be recorded in the public records of Palm Beach County, Florida, and that the Customer and all subsequent transferees, grantees, heirs, successors, and assigns of the Customer shall be bound by this annexation agreement. 5 B. Annexation Phases. The annexation shall be done in a phased approach provided, however, that should this phased approach not be deemed in accordance with Florida law as to contiguity, or compactness or if it is deemed that an enclave is created by the phased approach, or if any other Florida law requires a different phased approach, the Customer agrees to substitute other parcels of land referred to below to avoid any violation of law, or if necessary, agree to alter the schedule referred to herein in another manner that will ensure that the entire area will be annexed by 2011. The phased approach schedule is as follows: (1) By March 31, of 2001, the City will prepare ordinance(s) annexing the parcel of land known as the Palm Court Shopping Pavilion legally described herein in Exhibit A, and the land shall be annexed into the City if the City,.exercising its legislative authority, desires to adopt said ordinance(s). (2) During the year 2005, the City will prepare ordinance(s) annexing the parcel of land known as the Delray Medical Center legally described herein in Exhibit B, and the land shall be annexed into the City if the City, exercising its legislative authority, desires to adopt said ordinance(s). (3) During the year 2008, the City will prepare ordinance(s) annexing the parcel of land known as the Fair Oaks Property legally described herein in Exhibit C, and the land shall be annexed into the City if the City, exercising it legislative authority, desires to adopt said ordinance(s). (4) During the year 2011, the City will prepare ordinance(s) annexing the parcel of land known as the Lago Vista Property legally described herein in Exhibit D, and the 6 land shall be annexed into the City if the City, exercising its legislative authority, desires to adopt said ordinance(s). 10. Stormwater Assessment Consent. It is understood by the Customer that the Customer by signing this agreement is hereby providing written consent to the Stormwater Management Assessment levied by the City pursuant to its ordinance and Florida Statutes, Chapter 197. This consent is a written covenant running with the land. This agreement shall be recorded in the Public Records of Palm Beach County, Florida. The Customer and all subsequent transi~rees, grantees, heirs, successors, and assigns of the Customer shall be bound by this written consent to the Stormwater Management Assessment, which shall apply to each parcel when annexed into the City. 11. Home Rule Power; Police Powers. It is hereby agreed that the City shall have no liability for the interruption or termination of water/sewer service to the Premises, if the City Commission shall determine that it is appropriate to protect the public health, safety and welfare of the Premises or inhabitants in the City of Delray Beach, so long as the Premises remain outside of the City limits; provided, however, in recognition of the health, safety and welfare of City residents and others needing hospital and other critical care services, the City shall use its best efforts to continue to provide water/sewer services to Delray Medical Center Premises described in Exhibit B. In the event the City Commission, however, makes such a determination, the City shall be and is hereby authorized to discontinue water service to the Premises upon ninety (90) days written notice given by the City. In the event that the City Commission of the City determines that it is necessary to discontinue water/sewer service to the 7 Premises for more than forty-five (45) cumulative days in any calendar year, then the City shall execute a recordable release of this water service agreement wherein all remaining obligations hereunder including the further annexations shall not be required and the release shall be recorded at the expense of the City. 12. L_~.i_mitation of Liability. In addition to the limitation of the City's liability under Paragraph 11 above, it is agreed the City shall have no liability in the event there is a reduction, impairment or termination in water/sewer service to be provided under this agreement due to any prohibitions, restrictions, limitations, or requirements of local, regional, state, or federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water/sewer service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other causalities, other force majeure events or other circumstances beyond the City's reasonable control. As of the date of signing this agreement, City warrants they do not know of anything that would prohibit its performance hereunder. 13. Indemnification. The Customer hereby agrees to indemnify, defend and hold harmless the City of Delray Beach, Florida, its Mayor, members of the City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with postjudgment collection) and costs arising out of or resulting from the i. ntentional, willful, and/or negligent acts of Customer, or Customer's failure 8 to pay for improvements required hereunder or any acts or omissions that may arise from the performance of Customer's obligations pursuant to this agreement. 14. Use of Water for Irrigation. Any water furnished under this agreement shall not be used for irrigation purposes pursuant to city ordinance, unless such use is reasonably and specifically and separately approved by the Director of Environmental Services because the chloride content of available groundwater is deleterious to plant life of each of the parcels of land referred to in Paragraph 2. 15. Laws. Prior to annexation and as an expressed condition of this agreement, the Customer further agrees to abide by all ordinances of the City which are in effect at the time of development, redevelopment, or renovation on the site and which pertain to land use and development matters so long as same do not impose standards different from or which conflict with County requirements for same. Such matters include, but are not limited to signage, landscaping, architectural review and approval, and the City's formal site plan review and approval processes. However, prior to annexation of a parcel, no development requirements of the City shall be imposed which conflict with any County ordinance development standard or requirement, if the County development standard or requirement applies. After annexation of a parcel, the City's ordinances, as may be amended from time to time, shall apply prospectively; however, Customer shall be considered vested at the time of building permit issuance by the City or the Counly. If the County has issued the building permit, the Customer shall be vested and the applicable County ordinances and standards shall apply. If the City issues the building permit, the Customer shall be vested and the City ordinances and standards shall apply. 9 16. Assignment. The Customer acknowledges that this agreement runs with the land and that Customer shall not assign this agreement to any other entity or person except to owners, successors, heirs or assigns of the property covered by this agreement, or if otherwise approved, in writing, by the City. The City's consent shall not be unreasonably withheld. 17. Effect of Agreement. This agreement shall become void as it pertains to each separate parcel of land described in Paragraph 9 and Exhibits A, B, C and D upon annexation of each respective separate parcel into the City of Delray Beach. The agreement will remain in effect as to the parcels of land subject to this agreement, but not yet annexed into the City. 18. Entire Agreement. The agreement constitutes the entire agreement and no oral promises, terms or conditions not expressly set forth herein in writing shall be binding on the parties. 19. Effective Date. This agreement shall be effective when approved by the City and properly executed by the City and Customer, with the effective date being when the last signatory to this agreement executes same. The Customer shall furnish such proof as the City may require of the authority of the individual executing this agreement on behalf of Customer. IN WITNESS WHEREOF, the parties hereto have this agreement the day and year first written. WITNESSES: CUSTOMER: Tenet Healthcare Corporation By: Print Name: Print Name: Title: Print Name: (SEAL) I0 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ., of , 19 , by (name and title of officer and agent), acknowledging), a (state or place of incorporation) corporation. He/She is personally known to me or .has produced as identification. Signature of Notary Public ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: City Attorney Legal Description Approved by the Planning and Zoning Department: watersrv.frm 11 A PARCEL OF LAHI~ SITUATE IN SECTION il. 1OWNSHIP 4e rd~UTH, FLANGE 4l 1~4~IT. ~AUd. BEACH COUNIY. FLORIDA IBEING MORE PAFITICULARLY DESCRIBED AS ~C)LLOW$: CoHMENC!NG AT THE NDITI*I*IrrJ~T r~)RNEFI Elf PAID SEI.-~TION es, 11lENtS Nlr Be' O~W · LONGIHENORTH UNEOF BAle ItEC110N, A DISTANCE OF IS.01'TO THEWESTE~LY RIGHT, F- WAY UpIe OF MIUTARY 1R~I~ AND 1HE POINT OF BEGINNING: FROM THE,PoINT OF IIEGINNINn, 1HENCE ALoNG ~AIe WESTERLY IRIGHT-bFWA¥ UNIL BO1' am' lmqN & tX'OTANCtl OF t0.MI, 10 THE BEGINNING OF A CAJRVIL HAVING A RRI)iUB OF NTIi. BB', FROM WHICH A I DmL URn IEARi! 61' I/'W~ TttENOE IOUlHERLY AI Na THE ARc OF END OF BAle WMI 1HENCE emi' lB' Trw A DISTA/4CIg OF IMI. I t' 1'1:11~IE.IIEGINNING OF A OUlWe, RAVING A RADIUS OF em.es', FROM WHICH '~k lUm.~L LINE BEARS Ill' THEN~ SOUTHERLY AtONe 'THE ARC Otr Palp CURVE, SUBTENDING & C ,ENI',~RALi ANGLE OF 01' .... :si' m)' A DIST~,NOl of 111,41r 1'0 1Hii END OF 8&ID cURVE; THENG~ aW li?i~41'e A DIGTANCE ' A DI~TANClS OF 4g~4g'I iTHENcE| DEPARTIHn FRoM 8AID I~W L/NB 844'SO'II'W OF THEI~ .GE !i~l~ flip' OTB A DISTANCE OF ~o.~'; THENCE HDI~ Da' S3'E A DISTANCE OF 4;.1o' TO THE ~FORIEGND NORTH UNE OF aND SECTION; THENCE See, as' OrE ALOHa BAlD SECTION UNE. 'A DISTANCe OF Ii9,1.m4' TO THE POINT OF BEnlNHING. TonEIHFIR ~ THE FOLLOWING DESCRIBED PARCEL; :'" .i A PARCEL OF LANe BITUXTE IN 6ECTIOH ge, TOWNSHIP 4~ 8OUTH, RANGE 42 F~T. PALM BEACH COUNTY. FLORID& SEINn MORE PARTICULARLY DES[~FliBELD A8 FOLLOWS: ;~i!'., ' COMMENCING AT THE NORTHEAST CORNER OF e~,lD SECTION H, THENCE Nil' ~g' or'w ALDN(] THE NORTH UNE OF lAID SECTION, A DISTANCE OF'IS-0I' TO THE ~ERLY RIGHT-OF- WAY DP Mp. ITARY TRAIL4 THENCE ALONe SAIl] WESTERLY RIGHT-OF-WAY,'IDI' olr la'W A DISTANCE OF 11.0o' TO THE aEnlNNING of A CURVE, HAVING k RADIU~.OF li'/l.eG'~ FROM WHICH A RADIAL UNE aBRa abe' 17' Il'W: THEL,N. oE SOU/HERLY ALON(I THE ARe DP BAlD .~ oUIW~ EUlTENDINB A CENTRN. ANGLE DF oi'4o 36% A DI?~_ANCE DF 1M:M' To THE END SAle CUM: THENCE Eoo'al'llqN A pi.STANcE Dp leg. Il TO THE BEGINNING OF A CUWE. HAVING A I~J:]IUl OF gna.ms', FRoM WHICH A RADIAL UNB BIPJ~II 111'11'41'E, THENCe BOUI14EFR.Y ALONG THE ~O OF BRIO CURVE. SUBTENDING A CENTRAL ANGLE OF ..... A DIeTAI~,C:E OF tqlt.40' 10 1HE END OF ~AID CURVE: THENCE BCe' ST' 4rB. A DISTANCE of ' 49.4~' 'TO~THB POINT OF BEGINNING. FROM IHS POINT OF SE~IINHING AHD DEPARTING FROM BRIO I~W LINE 844' 30'1T~/ A DI~ITANCE OF SS.e4'; THENCE Sis'an 1-/~/A ClGTANOE DF .II~.eg'l THENCE flaB' DISTANCE,; OF SZ4.~g'; THENCE N44' ~;6' 01'W .A DISTANCE OF as.ag'; THENCE 8oo' DISTANCE OF T/.O0': THENCE GeD' M' qT'E A DISTANCE OF SdS.IQ'; THENCE NIg'SB'lT'E DISTANCE OF III.aB' TO THE AFORESND WESTERLY RIGHT-OF-WAY UNE DF MILITARY TFIAIL: THENCI~ HOD' 57' 4~'W ALONG BAlD RIGHT-OF-WAY LINE, A DISTANCE OF 77,4~' TO THE POINT of BEGINHING. THE ABOVE FAFICEL CONTAINS 14.1DsJ ACRES, MoRE oR LESS. I'ROPF, RT¥ I)ESCRII'TION: Florida. beinB m~re p~ietdurly dcaerlbed aa ~nliaw~: '; Colsil~nuing at the llo~e~l ~[[,ef u[ ~id 8ecIiOU 26; thence ~ang tl~e No~: I~ne ut' laid 2G ~orlh ElaJ6'l)T' West, a dialaJ~cp of' 1219.~d f~l to lite nuf~t cqntef o~ 'l'ruul dcdcrlhed h Ol~ulul Re~,d Ilobk .1442~ iqiBa 306~ Pehllc Recoil tlr Palm Uea~h ~.unt)', Iqmidn: Ihnnee eehflml, alone the ,Bid e~ted)' linc ur 'l'[ltei "ii" un(I aloha rite mtedY line o[ 'l'[~l "11" as de.od.d bt O~dal Record Book 3~1. Pnge ~, eel)tlc Ro~r~ uf palm ~h Co~ly. I:'lu,-idn 1.99.97 ~et~ thoflce gmilh J7']S'31" Welt a dishluc~ al' 78.611 Feet to & ~tnt nt'euwatuta al fl a dispel 0f268.35 I~et to the ~)tttheaal oom~ .[ said Triter "Il", ~d ~mer iYlfle off dtu n. flhud) line or 'i'rad 'ti' u ducflbed in auld O[flcjul I;~ord Batik 3~1' Pale 319~ th~n~ ah)[~ nofltmly IJnu oF Mid 'l'tul ~O** $omll 8q°~i*t)7" emi a distance or ss0.39 ~t m tim fl ina on'~ South lille of the Hor~ Iml[ id' tho nOflheant quaffer or ,aid Soatlen 26; Ihafloe ~ South 0t"4~'J4" ~..l; thence alo,~ s,dd ~?uth rlahl~f-w~y I~ ~ ~a~rl)' nlofl~f~e stdd eu~e, t~aqah t c~n~d annie or 01~46'47", fl (ii.atica 0f 7~.~ ~,.l~, n.~? ulble~ld No~t line of 8eellan 26; Ihencc al(mR said Nofll~ lille St)l]~ Ag'~6 fiT' tbs; n CJlnlnnce 68S. 17 I~et lO the POINT UF ~ECII~I~(L EXIIIiIIT B I'ROPI~R'I'¥ DES(.:RIPTION: f~otJfi! PArCEl. A ~cql of I~d iI~m In 9Kdu. 26~ 1'ow.ship 46 ~ou~. Itni~Be .12 ~ut~ ~M~ Bush Co~.~ ~t ~O noflh~t ~of~t uF~ld HCcllo~ 26; Ihcfl~ nlun~ tho Nm~ II.~ of laid ~6 Ni)flh IgniX'pT, 'West~ a dli~ce ~f [967.73- ~ei m n point on ~s So~b d~t-of-~y U,e of t, imots nuul0y~ ~ d~ertb~ lq O~lnl Beco~ Bgok 7818,' ~uga t]9,'FuMIc ~0o~s of rah. · ..e. 8omh 00~0~'53" Wc,Ii n dl.~Co'ot 7t ~.34 ~,t l"' a'pob.l 0~ Ih~'e~h I1~ of the Noflh along grid ~,MI line Noflh oo.3j' il'+ We~i, ii tllslm~ o~ 6~6.~1 r.. oo ap~lnu on Ih~ ~ Souflo nf 3~S~11 ~el to ~u FAINT OF IJEOINNIN(t. PR(.)I'F. RTY DEIgCRIPTION: NOR*I'I-I PARCI!L A {marcel nf, land 'l}itUalq lit B~ctjon 26, 'l*.wnthlp 46 i~,)u,h, R,mge 42 F. ont, Palm. ~lo4u:h Iilurid% I~m8 me~'O padlmdn~riy deseHbed tls Frill.wa: Commoucinn bt ~ltl $1Oltl~ast corner .f a,dd ~C;lo. 2d: flmuc= lion& ~e No~ Ihm of laid 26 Nadir Ng~56'll'l' W~t, q distance of i~.7]~=t lo ~ puint o,I th~ ~outh ti~ht-nl=way line nf said c.rve, t~ugh P --nun] .deb 6flJl"4d'47':I ~ di~ir'C~ of 2JS,4l ~t td.a n~lm,Gtnt lieu ~d Ih~ POINT OP I~E( IIN NINO; ihpnqc 8miUt OO"O]~5~* We~i, i dislan~ of 7 l~;~4 ~N Io a I~inl nfl thc ~omh I~ of I~ ~orth 7tj.99 Feel of enid ~eclion ~6: ~= Monl ~d ~oulh Ib~ No~h 8ou~ right:of-way fi'no Nodh q6° 18'~ i', I:h,St.', dis~ t)~ 121.4S ~ m a ~lm of .~vnhUe of crave, through a ceflhol ,p~gle ~,f UI"J['4S". n dishmcc flf ~61~90 fuet*..~o the I'OiN'I OF U~OINKINO. VIflTALA(IO.LIOtJ 07/27/98 ~/kmh EXHIBIT D AGREEMENT AND GENERAL RELEASE THIS AGREEMENT is entered into this ~ day of , 1999, between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as the "City") and TENET HEALTHCARE CORPORATION (hereinafter referred to as "Tenet"). WITNESSETH: WHEREAS, CITY and National Medical Enterprises, Inc., et al., now known as TENET HEALTHCARE CORPORATION, entered into a water sewer service agreement (Water Agreement) dated February 3, 1981; and ' WHEREAS, as part of the water/sewer service agreement, the CITY agreed to make certain reimbursements for use of certain water lines, mains and lift stations by other parties; and , WHEREAS, the right to receive a reimbursement was and is subordinate to rights of bond holders; and WHEREAS, the water/sewer service agreement terminated on January 1, 1990, as to unused capacity; and . WHEREAS, the CITY and TENET desire to provide for payments due by CITY under the water/sewer agreement and to enter into a new water/sewer agreement which provides for expanded services. NOW, THEREFORE, in consideration of ten dollars and other good and valuable consideration, including covenants contained herein, the parties hereto intend to become legally bound and hereby agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Reimbursement Consideration. The CITY agrees to pay TENET a total of Two Hundred Twenty-Four Thousand Seven Hundred Thirty-five Dollars and 00/100 Cents ($224,735.00) to cover the reimbursements set forth in the water/sewer agre~;ment entered into by the parties in February of 1981 (attached hereto as Exhibit A). The payment shall be divided into five (5) equal payments of Forty-Four Thousand Nine Hundred Forty-Seven Dollars and 00/100 Cents ($44,947.00) and paid over the next five (5) year period with the first payment to commence March 1, 2001 and the subsequent payments to be paid each March 1st, thereafter. There shall be no interest paid by the CITY on any outstanding balances over the five year pay-out period. 3. Indemnification and Release; No Waiver. TENET agrees to release, hold harmless, indemnify and defend the CITY, its officers, agents and employees against any and all claims, damages, lawsuits and expenses, including reasonable attorney's fees (at trial and appellate levels) and costs arising out of the duties and obligations arising from the 1981 agreement and this settlement agreement that may come due in the future, to the extent of the amount of the reimbursement consideration has been paid to TENET in accordance with Paragraph 2. Nothing contained anywhere in this agreement shall be constr~led to constitute a waiver of any claim, or defense that the CITY may have to the 1981 agreement or this settlement agreement if the Water/Sewer Service and Consent to Annexaticn and Stormwater 2 Management Assessment Agreement is deemed null and void. TENET shall have the right under this paragraph to assert claims and defenses of the CITY, as well as :additional claims and defenses that may pertain to the 1981 agreement or this settlement agreement. 4. Additional Conditions. Should however, a Court of competent jurisdiction determine that the payments made or to be made herein are unlawful or in any manner are in breach of bond covenants, the parties hereto agree that this agreement shall be null and void and no further duties, obligations or liabilities will attach to either party pursuant to this Agreement or the 1981 agreement, and any monies paid hereunder by the CITY will be refunded to the CITY by TENET or its heirs, successors and assigns within ninety (90) days of the date of the court order. By entering into this agreement, neither the CITY nor TENET waives any defenses it may have against the other as it pertains to the 198i' agreement, or the water service/annexation agreement in a suit brought by either party. 5. Assignment. TENET acknowledges TENET may not assign this agreement to any other entity or person except to owners, successors, heirs or assigns of TENET'S property, or if otherwise approved in writing by the City. CITY'S consent to such assignment shall not be unreasonably withheld. 6. Venue~ Laws of Florida Govern. All disputes under this agreement shall be determined by a court of competent jurisdiction and be decided using Florida law with venue in Palm Beach County, Florida. 7. Entire Agreement. This is the entire agreement between the parties. No oral promises, or other agreements, terms or conditions not expressly set forth herein in writing or set forth in subsequent written agreements shall be binding on the parties. 8. Effective Date. This agreement shall be effective when approved by the CITY and properly executed by the parties, with the effective date being when the last signatory to this agreement executes same. TENET shall furnish such proof as the CITY may require of the authority of individuals to execute this agreement. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Legal Form: City Attorney ,l~ntName: _/ ~ r~,s,,,.,~,a~ } Print~lame: t~t-~_td ~ ~~~ Title: CfO--~L~! ~btc~L ~ STATE OF FLO~DA CITY PALM OF BEACH .by ~5~ P~~4~/ ~r~ (name and title of officer and 19~1~ The fore ~n ~tmmen was ac~owle ed b fore e this f agent), ac~o~ledging), a (state or place of inco~oration) eo~oration. ~She is ~s°n~o me~r has prpduced ~ ~ __ as identification~ ,,~ ~ ~~ ) g ~ ~ commtsst~ ~. ,~n~ ~amre ot ~~~c eOF ~ A~n~ ~'~' 4 AGREEHE~T FOR WATER AI4D SEI~R SERVICE OUTSIDE THE DELRA% BEACH CITY This Agreement ["Agreement") entered into this ~ day of ~ ., 1981, by and between the City of Oelray Beach, a municipal corporation existing under the laws of the State of Florida hereina~er re~erred' to as "City") and Hational Hedt,~=al Enterprises In¢.~ &INevada corporation, Hadic~l O~fice Deve%opersiIno., A Florida · corporetiont ~lnto~ .Center Company ~td., a Florida ~lmited partner-. ship (hereinafter c611ective~¥ referred to as "~pplic~nt"}. ~BREASt the-Applicant owns certain lands tlocated in Pain Beach C~unty~ Florida and described in' Exhibit A attached hereto and made a part he=eof (hereinafter referred to as "Prem£ses") and the . Applicant ia preparing to develop the Premises to constrUct thereon a medical canter! and~ RHEREAS, the Ap~li=ant has requested the C~ty to wateg'an~ sewer ~ervice to'the Prem~ses~ and, ~E~AS,* the City Is w~lling to provide ~auch se~ca on the te~ and conditions outlined In this agre~man~i and, NOWe THE~FORE, .in consideration o~ ~10 itnd other good and valuible consideration including th~ covenants contel, naa hara~n, the parties he=arc intending to be legally' ~und hereby agree as followss ' 1. The City shall provide water and set,er ae~ica aocordagice wi~ this agreement to the Premises and charge t~a Appli- cant for such ia~ice In accordance w~th the Cl~yts applicable nances~ ~te a~hadules and any amendments thereto whiCit the Cit~ may he~ainafter adopt. It is understood that'the rates a~lioabla under the Cit~ ordinances shall be in addition to the other costs and charges sat for~ tn this agre~ent. 2. ~he Applicant shall pay all costs In regard to the installation of ~he improvements, more particularly described below= (a) The Applicant shall install approximately ten thou~nd six hundred feet of twelve inch water ma~n the right-o~-way of H~lita~ Trail from a point ~'ust aou~ of Atlantic Avenue to be designated by the City, to ~e ~isting twelve inch water line at Del Alga Boulevard (bi The Applicant shall install approximately fifty-eight hundred feet of ten inch wat~r line from ~lilitary Trail to connect to the ten inch water line on Llnton Boulevard and the twelve inch water' line on Ger- manto~n Road. · {c). The Applicant shall connect the proposed. Military Trail water line at Hamlet Drive and at Lowson Boulevard in addition to Linton Boulevard, Germantcwn Road end Del Aire Boulevard. {d} The Applicant shall install a lift station at the entrance to 'the Premises and Hilitary Tail. (e~ The Applicant shall install .approximately three thousand feet of twelve inch or fourteen inch sewer force maih ~a~ required by the Clty} from the proposed lift station referred to in paragraph d above to the weeternmos= existing manhole on ~?weon Boule- vard. {f! The Applicant shall install an~ turn over to the City, free of all liens and encumbran~:=es by stan- dard form bill of sale, all of the water mains, sewer mains, lift stations and appurtenance~ i,~ the rights- of-way referred to above and within .the Premises. {g) As to any installations required .in this agreement to be done in public rights'of-way, the Applican2 at its expense shall obtain the necessary'ap- provals from the applicable governmental authorities. In the event the Applicant is unable to obtain such ap- . provals, the Applicant may request-that the City assist in obtaining same and if, after a reasonable period of time, such approvals have not been obtained, this a~reement shall terminate as to that type of service for which approval has been degte~, Whereupon the parties hereto shall be relieved of all obligation and liabilities as to the type of service for tlhich permis- sion has been denied. -2- (h) In regard to the ~nstallation o~ any improve- ments not in the public rights-of-way, ~he Applicant shall provide easements, the locationc siz~ and type of which shall be subject to tbs City's approval. .The easements shall be free and clear o£ ~1 liens and encumbrances and subject only to such ~xceptions as will not interfere with the intended use ~£ the prop- I arty ~or utility purposes and shall be sl~hJect to the epprov~'l' o~ the City Attgrney. The Appli0ant shall, as · ' to such easements, '~urnish the City a title insurance ~ommitment and policy in'an amount equal to the con- struction cost of the utility improvements plus the · land value o£ the easement'at $30,000.00 per acre for such land value. ~he title insurance shall ba issued ' through a company approved by the City. (l) The exact location of the lnstailations tarred to in paragraphs a through h ahpve shall be specified by the City. Furthermore, as to all improv~- merits to be inst~lled under this agreement, the City. .retains the right in its sole and absolul:(~ discretion to approve the detailed p~ans and specifications for such impr6vements. The Applicant sha~l ~onform the ~ plans and specifications as may be required.' by 6he City and shall provide the City with a complet~ set of the detailed plans and specifications for the installation of the above referred to improvements prie=' to the Ap- plicant or any of its agents or assigns enticing into a contract for the installation of such latprovements. (J) As to the installation of improvements which the Applicant undertakes pursuant to this agreement, the A~plicant shell be res~nsib]e to obtain and pay for all necessary permits and such l~stallation shall be done in accordance with all applicable codes, rules . and regulations governing tho same, and shall be sub- Ject to approval and aqceptance by the City. -3- {k) It is agreed the% the City fihall have nc liability for a failure to initiate waC:ur or sewer service, or for the reduction or termina~on in water or sewer service to be provided under th~.l~ agreement~ ~} due to prohibitions, restrictions, ll~tation~ on capacity, other limitations, or requirements of local,. regi6nal, st~t9 or federal agencies or other agencies having Jurisdiction over such matters, or 2) due to acts of God, fire, strike, casualty, maJo~ maintenance work~ breakdown of or injuries to machinery, pumps or pipelines, civil or military authority, insurrection, riot, or due to any other causes beyond the City's control. 3. The applicant shall pay to the City, in addition to other costs or charges referred to in this agreement, the sum of seventy-five thousand dollars as a contribution towards the construc- tion of a water qtorage tank which will serve the Premises as well as other properties. The sum of seventy-five thousand dollars ~norements based upon the phased development of the Premises approved by Palm ~each County· As to each phase, the Applicant shall pay. an amount which ~eerk the same relationship to seventy-fiVe thousand dollars that the land included within the subject PhaS~ bears to the tota~ acreage of the Premises~ e.g. if Phase 1 is one/third of the t~tal ~oreape of the Premises, then the payment for that ~hase shall be in tile amount of ~wenty-five thousand dollars. · ~ Th~ payment for each phase shall be paid in full at the time an application is made for any building permit in that ~hase. Notwithstanding the above provision on incremental pay- ments, the entire sum of seventy-five thousand dollars shall be due and payable in full not later than January ~5,'1984. The above payments shall be non-reimbursable. 4; Any water and sewer main extensions (including li~t station) made'pursuant to paragraphs 2Ia) through 2(e'~ io£ this agree- ment shell be used only by th~ Applicant unless permlsi~on is' granted by the City for another party or parties to connect. In the event any such party or parties are granted permission by the City to so connec~ within five {5) years from the date of completiolt of the main extension installations (including lift station) and apl)~oval thereof by the City a pro rata refund shall be made by the Cl~y to the Appli- cant for each such new customer being granted per'lesS, on to connect as follows~ The Applicant shall be reimbursed for allinecessary and proper costs and expenses incurred in connectioh with.~the installa- tion of the water a~d sewer main extensions (including ~ft station), excluding lane costs, in accordance with the following formula~ The Cl~y shall determine the total capacity of the water and sewer main extensions {including lift station). As to any additional parties permitted by the City to connect to the water and sewer main exten- sions {including lift station), the City shall be obligate~ to pay the Applicant a percentage of the actual original cost and expenses of the lnstalla~lon'referred Lo above, which percentage shall be the same as the percentage o~ the total capacity of the water and sewer · main extensions (including lift station) that will. be ~t~lized by the ngw party or parties permitted by the ~lty to connect thereto, togs- 'ther w~th interest on such sum at. the rate of 12% per annum simple interest' {or such lesser rate of interest as is the maximum legal rate for such payments by the City at the time pay~n~nt'is to be made). The interest shall be calculated beginning with ~he date upon which the City has given the applicant written approval an~· accept- ance of all of the improvements referred to in Paragrapit 2(a) through 2(9). Refund payments shall be due and payable 30 da.l,s after such ad~tion~,l parties have paid to the City their proportionate share of th~ cost of the improvements required pursuant to paragraphs 2(a) through 2(e). ~ is understood that payments received by the City fr~ such additional parties pursuant to the City's water and sewer ordinances as now existing or hereafter amende~ shall not be con- sidered a source of funds available for any refund payment hereunder. Nor shall funds received by the City under the t~rms of "Developer Utility Service Agreements" for improvements other than those speci- fied in paragraphs 2(a) through 2Is), be considered a source of ~unds avallabl~ for any refund ~der this paragraph. After the expiration of five 15} yea~s from' the comple- tion and Written approval thereof by the City of the wat,~r and sewer main extensions (in~luding lift station) required by pa~:agraphs 2(a) through 2(e! cf this agreement~ there shall be no further refunds due the ~pplicant for any further connections or use of such extensions (lncludinq lift station) and the City shall have the unlimited right to pa~mit further connections and use of such improvements. If, howaVer~ there is a water or sawer moratorium during the five year period~ which precludes additional ~arties from connecting to the improvements required in paragraphs 2{a) through 2(a}~ then the five year refund period shall be extended for a period of time equal to the duration of the moratorium, for.the type of improvements affected thereby. Furthermore, the Applicant acknowledged that its right to receive any refund, pursuant to this paragraph is subordinate to the Clty*s outstanding water' and sewer revenue bonds. A~o, the City shall have full right and autho~ity to issue au~ fut~ure water and sewer revenue b~nds as it shall determine and this agrei~mant shall be :subordinate to the right, title and interest of the bond holders under such bonds. The refund referred ~o in this paragraph 4 shall apply only to the improvements installed by the Applicant specified paragraphs 2(a) through 2(e) of this agreement. 5. The maximum water and sewer service that the City shall be obligated to provide pursuant to this agreement shall bel {a) 'Water service - a maximum of three hundred and ninety-six thousand gallons per day. (b} Sewer service - a maximum of one hundred and sixty thousand gallons per day. {c) The City*s obligation to provide'water or sewer service to the Premises shall terminate on 3anuary 1, 1990 as to any portion of the capaci}y referred to in subparagraphs a and b above that remains Unused by said date. 6. The Applicant hereby agrees to indemnify, defend and hold harmless the City from and against all claims, damages, law suits and expenses~ including reasonable attorneys~ fnes (both at trial and appellate proceedings, if applicable} and cost;I arising out of or resulting from the Applicant's obligations under elf performance pursuant to this Agreement or in the enforcement thereo~, whether or not incurred on appeal or in connection with post Judgmt~nt collection or whether or not suit be instituted. This paragraph shall apply only to claims made. against the City by any person, firm or corpora- tion not a party to this agreement. ?. The Applicant shall not assign this agreement'or any of its r~ghts or obligations hereunder without the express written consent of the City of Delray Beach. 8. %his agreement shall not be recorded among the public records of Palm Beach Cognty, F19rida, and any such recording shall be considered void. 9. This agreement shall be of no f~rce and effect unless executed by the applicant within thirty ~30} days of the City's execution hereof. The Applicant shall furnish :'~uch proof as the City may require of the authority of the individuals executing this agreement on behalf of the Applicant, IN WITNESS WHEREOF, the parties hereto have:~xecuted this agreement on the day and year first above written. (CITY.eS SEAI~) CITY OF DELRAY BEACH : Attest: " , ~ C fry Cle'rk APPROVED s "-~ ' 'Cit~ttorney U~ lIt[6s -Oirecbor ' NATIONAL By~~ Attest:~ {CORPORATE SEAL) MEDICAL OFFICE DEVELOPERS~ INC. (CORPORATE SE~} z ' LINTON CENTER CO~PANY~ LTO. / Corp., a general partner of L~nt~ Center ~mpany, $%~Se~reta~ of Doreo~-Siemens, Corp., a general partner L~nton Center Company,.. Ltd.'~ (CORPORATE SEAL }. EXIIIBIT P. I.qheeL ! of 3} ~SCRIPl',iOti:_ £OI.~.I~ClkL PARCEL - (TRACT "A") PXRCEL Of LktlO LYIUG iH Tile IIORIIIEkST O~IE-qLL~RI(R OF 5(CTiOII ~6, TO~,HSliIP 46 ~ulli, P~ .4Z (AST~ PALH BEACH CO~lh, FLORIDA, BE iIIG ~ORE P~R11C~kRLY DESCRIBED kS FOi. LOUS: FR~ THE HORTHEAST :~RIIER ~F ~ID SECIIOII ~6, COl.~El~CE S 00057'4Z"[ ALOIIG 1'lie EAST Lille T~R(OF F~ k DISlAHC( Of 672.~7 FEET; ~[flC[ S Bg'SB'lT"U ALOIIG IHE sOmll L IIIE Of KORTH OHE-~LF OF T~ HORIHEAST OHE-Q~R1ER Of 111( IIQR1tlE~ST OHE-Q~R~R of SkID S(C1 ~6 FOR k DISTAHCE OF 75.01 FE[1.10 1~ POIHT OF ~EHCE COItTIH~ S 89'58'17"~ ALOHG AFORE~ID Lille FOR k DiSTAJIC( OF, 918.39 F(ET; H 89'56~87"g. FORk DISTAIICE OF 575.80 FEET; 1il(liCE II O0'Ol'S)"E FOR k DISlAIICE Of 61~.18 F(ET; 1~11C[ S 89'56~07"CALOHG TII( SO~IL(RLY R]GIII-QF:~AY LIHE OF 'TI~ "LA~ ~QRTII DIS~ICT" L-36 CA~L, k 54.7 FOffl P~Glff-OF-~kY AS flO~ LAID O~ AIID III U~, P~LLEL 10 5~.7 FEET SQ~H Ofp kS ~ASmED AT fllGlff ktlGL[S 10, 111[ IIORTII Lille Oi: S~iO SECTIOII T~'~H RIGHT-OF-WAY Lille OF "I~TII S~(ET EX~IISlOJI" (LIlI1011 BLVD.) fOR k OISIMI~ 1491.08 FEET. 10 k PO]lIT OH A FlOII-1AHGEIIT C~V[; 1Il(lICE SO~}I~RLY ALOIIG ~lE ~ SI[RLY OF-~Y LIHE Of "HILI1kRY T~]L" (STk~ RD.809} AS R(C~DED ill OFfiCiAL RECORD PAGE 565 OF TH[ PUBLIC RECORDS OF PALH BEACH COU~I1Y, FI. ORIDA, kllD AI Oil; i11[ I~RC OF ~ C~VE BEIH6 COHCAVE 10 THE ~ST MID ~VIIIG A RADIUS Of 5679.65 FEET, k CI~RD pF I~O.)l B(~IHG S 00'01'09"[ AHD A CEIt~L AIIGI.( OF Ol'18'S~" FOR A OlS1MICE OF 130.~1 f((l 10 A POIIil OF 1AIIGEHCY; 1H(HC[ S 0D'38'18"~ ALOIIG SAID RI;II1 Lille A DISTMIC[ O~ 199.11 I[(1 I0 k POIHT Of C~VkT~[i TH(HCE ~II(RLY kLOHG ~ID Ri~II[-OF-~Y LIII( MID ALOIIG THE ~C OF k C~V( COHCAV[ TO Tile .EAST lA, VIII; k ~DIUS OF 5779.55 FEET AIID k C(II~L ~.IIGL[ OF 01'36'0 FOR ~ DlSTAFlC[ OF 161.0 F(ET TO k POllll O~ 1AHGfIICY; TIIEIIC[ S O0'ST'e~"E ALOIIG SkID RIGHT OF-~kY LIHE. LYIItG PARALLEL TO kiln 75.00 f[ET ~(Sl OF, AS HEkSmED ki RIGIFF AIl;LES 10, EAST LIlle OF ~.ID 5ECTIOR 26'FOR k DISTkIIC[ OF 1~6.88 F(ET 10 111[ P~,)IIT OF £XlllBIT A (Si,eel: 2 of ]) °0 . D_~ESC_~.RLP. TI.O.!!: L-36 CAHAL (FROH HILITAR¥ tRAIL tO L.14.D.O. e-3 CAIIAL}-(tRACIS "C" & ."r'} (1RACT "C")i'' A pARCEL OF LAHO L¥11t6 IH lite IIORTIIEAST OIIE-QUAR1ER OF SECIlOIt 26, IOI41!SiIIP 46 SOUTH, RAItGE 42 EAST, PAI~H BEACH COUHTY, FLORIDA, BEIIIG F:OR£ PAR1.1CULARLY D[SICRIBED AS tROI~ 1lIE IIORIIII:AST CORHER OF SAID SEC11011 26, CO:.~P. LItCE Ii 89'SG'O/"Y ALOIIG Tile IIORTII Lille 1HEREOF k DIS1AHCE OF 65.01 FEE1 10 1lIE UES1 RIGP, I-OF~I~A¥ Lille OF "I41LliAR¥ IRAIL" [S1AIE ROAD 809) AS RECORDED iii OFFICIAL RECORD BOOK 486, PAGE S6S OF TIlE PuBLIc RECORDS QF PALH BEACII COUXT¥~ FLORIDA, AHD Tile POIlI1 OF BEGIIIIIIHG. 1HEHCE COHIIIIIJE II 89°56'07"I~ ALOHG TIlE IIORTII LillE OF SAID .SECliOIt 2.~ AIID ALOHG 1lIE ~UTII RIGtI1-OF-MR¥ Lille OF "i2TII SIREET EXTEIIS]OII" (LIIIIOH BLVD.) A 'DISTAIICE OF 149Z.14 FFET; THEHCE S 00'0:1~53"14 k DISTAHCE OF Sq.70 FEET; IlIEIICE S 89=56'07"E A DISIAIICE OF i~9L08 FEET 10 THE YES1 RIGHT-OF-NAY LI~IE OF SAID "HILi1ARY I~IL" AUq A POilIT 011 A CURVE; 111EItCE IIORTXERL~ ALOHG SAID NEST RIGIIT-OF-NAT I. IHE RIID AI.OUG ilIE ARC OF A CUi?~E BEIIIG COItCAVE 10 TIlE ~EST AliD ilRVIHG A RAOIUS OF 5679.65 EEET, A ClIORD OF 3S.71 ... BEARIIIG H 00~51~2~"~ AHD R CEXTRAL AIIGEL OF 00~Z1'37", FOR A OlSIAIICE OF 35.71 EEE1 TO A POIIIT OF 1AIIGEIICYi TIIEHCE H 01°OZ'IZ"H ALOIIG SAID UEST RIGIIT-OF-UAY I.I[IE A GIS~AtlCE OF 19. EEET 10 1HE POIItT OF BEGIItlIIIIG. (1RACT rROH THE ItORTIIEAST CORHER OF SAID SECIIOli 26, COI4:~EII~E H 89eSG'O7"X RI. OXG 1lIE IIORTil Lille 1~EREOF A DISIAHCE OF 1557.15 FEET 10 1lIE POIH1 OF eEGIIIXIIIG. 1XEUCE COHTilI~ II BgoSE'OT"H ALOIIG TIlE HORTil L IHE OF SAiD SECTIOH 26 AIID ALOHG THE ~UTII RIGIIT-OF-NAV~LIXE OF "12TII S~EET EX1EIISiOII" (LIIIIOII BLVD.) A DISIAI~E OF i0Z9.01 III[IICE S 00~2~56"E ALOIIG TIlE EXIS1]XG EAS1 RIGIIT-Or ~:AY I IIIE OF TILE' "LA~ ~DRI'il DP. tillAGE OIS1RICT" E-3 CAIIAL AS pECORDED IH CIi~IIEERY CASE I10. 407 OF 1lIE PUBI. IC RECORDS OF PILH BEACll CO~ ELORIOk, '~ DISIAItCE OF 5~.70 ~EE1; 'Illi:IICE S 89~56'07"E k DISll ...~: OF i0~8.5E ~EET;' TIIEHCE H OO=03'S3"E R DISIAIICE O~ 54.70 ~[ET 10 11~ POIIIT OF EE(~IlIHIUG. (1RACT "C'") C~ITAIHS: 1.87~ ACRES I~RE OR LESS (1RAC1 "l") COIiIAIHS; 1.29Z ACRES ~I~R[ OR lESS. _. OE$£RIP'TIOli: I~OICAL CQIIER PROJE£~f - (TRacT "G") A PARCL'L OF LAIID LYIHG IH THE IIORTIIEAST OIIE--Fl~RILR OF SEC1i~i ~6, IO~ISHIP A6 SOLTIi, RkHGE ~Z (AST~ PALH BEACH CO~ ~ [LORiOk~ B(ilIG I.GRE PAR11CU.A6LY DESCRIBED.AS ' FflQH 11( FlOR111EA~ CORII~R OF SAI~ SECI)OII ~6, COI41.~[IIC[ II 89"56'~:aT"H AL~IIG 111( IlORT~ 1HEREOF A DISTAHC~ OF 1557.15 fEET~ 1Il[liCE S O0"O~'S3"U A DISTAI~CE 0~' 5~.~0 fEET POIHT OF BEGIIItlIHG, ., TH[HCE C~lTIIl~ S 00'03'53"H. A DISlAFlC( O~ 619.18 I(EI 10 A R(r(~illCE POilI1 "A"~ 5..89~56'07"E. A DISTAHCE OF 575.80 F(ET 10 111[ IlflRII~(AS1 CORItER OF 1lie ~[SI 50UIH~S1 ~[-q~RI(R OC T~( ~,ORTtlEAST OHE-qU~RIER OF II1( IIORTII~A~T'OHE-q,~RIE~ OF SECT]~ 261 1~HCE S O0 ~ 37 E ALOHG 111( EAST LIllE TII(REOF A DISTAIICE O~ 67~.95 1HEHCE S 8~SZ~43"N ALOHG TIIE.SOUTIt L IH[ OF 11( AIORTIi OII[-~LF OF TIlE IIORIII[AST O,':[-flU Of SklO SEC1]~ 26 A O]SIAIIC[ OF 1603.77 fEE1; TI{lICE II OQ'ZZ'5~"H AL~IIG 1HE " EAST RIGHT-OF-NAY L]HE OF 1HE "LA~ ~ORllt DRAiIIAG[ DIS1RICT" [-3 CAIIAL kS RECORDED ~ · CH~HCERY ~SE NO. 407 OF TIlE PU8LIC RECORDS Or PALH 8[ACII CO~l~, FIORIFlA, A DISI~.~C( IZ98.~1 FEET; 1~IICE S 89'56'07"[ ALO~IG 1t1( ~UTII RIGIIT-OF-~kY lille OF Tile "LAY~ ~111 · ' DRAINAGE .FlIMRICI" L-36 Ct~NAL (k 54.7 tO01 RIGill or-~qv) PARALLEL 1D AIID 5~.7 OF, AS t~(ASmED AT RIGHT ANGLES 10, TII( IIORTII L IH[ OF SAIFl SEC1 IOH 26, A DISIAIICE ~ i028.5~ ~EET 10 Tile POINT OF BEGIIIIIIIIG. TRACT "G" - 39.460 ac~ei more or ']ess :.~) .reb~a~y:,,~ 3~ 1981 ' ~/n~on ~en~a~ aom~any~ ~d. 30 dn~ ~om ~h. da~e heceq~ I pha~l be ~uCnished ~com National " Ned/o~ ~t~p~Oesf xno~f ~yLde~ce sa~/s~ac~o~y ~o ou~ c/Ly A~orne~ o~ the ~U~hO~i~y o~ the of~ice~s ~ H.N.E~ to execute ~h~n agreement CLty sh~ll have no oblig~t~on unde~ the agreement. ,. SAnae~ely you~s, ' heo~ N, ~eekan NaYo~ Na~AOnal Nad/cai En~ezp~[ses, Nedical Off~ea Developers, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF MARCH 16, 1999 CONTRACT AWARD/MAN-CON, INC. (NORTHWEST/SPADY AREA DRAINAGE, ROADWAY AND UTILITY IMPROVEMENTS) DATE: MARCH 12, 1999 This is before the Commission to consider approval of a contract award in the amount of $924,596.00 to Man-Con, Inc. as the lowest responsive bidder for the N.W. Area (Spady Area) drainage, roadway and utility improvements project. The scope of the work to be provided is described in the attached memorandum from the City Engineer. Also attached is a map which indicates the streets to be improved as part of this project. Funding will be as follows: $128,223.00 from 334-3162-541-61.17 (General Construction Fund - Street Reconstruction) $573,509.00 from 448-5411-538-63.69 (Stormwater Utility - Spady Area/N.W. 3rd Street) $216,864.00 from 442-5178-536-61.78 (Water & Sewer Renewal and Replacement/Water Distribution Improvements) $ 6,000.00 from 442-5178-536-63.51 (Sewer Main Rehabilitation) $924,596.00 I recommend approval of the contract award to Man-Con, Inc. for the N.W. Area (Spady Area) Drainage, Roadway and Utility Improvements project. ref:agmemoll Agenda Item No.: AGENDA REQUEST DATE: March 11, 1999 Request to be placed on: x Regular Agenda ~ Special Agenda ~ Workshop Agenda When: March 16, 1999 Description of item (who, what, where, how much) Award of the contract to Man-Con, Inc. in the amount of $924,596.00 for N.W. Area (Spady Area) Drainage, Roadway, and Utility Improvements Project #98-047. See attached map for streets to be included in this project. The funding for this project will be provided from the following accounts: Funding Source Account Number Amount Roadway 334-3162 -541-61.17 $128,223.00 Drainage 448-5411-538-63.69 $573,509.00 Water 442-5178-536-61.78 $216,864.00 Sewer 442-5178-536-63.51 $6,000.00 Total $924,596.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Styli recommends approval o?a~ard of Project No. 98-047. Department Head /~~ ~ Signature: ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives (if applicable) Account No. & Description See above Account Balance See above City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 98-047(A) projects/98-047/contract/agenda01 .doc Agenda Item No.:~ AGENDA REQUEST DATE: March 11, 1999 Request to be placed on: x Regular Agenda / ~ Special Agenda ~ Workshop Agenda When: March 16, 1999 Description of item (who, what, where, how much) Award of the contract to Man-Con in the amount of $924,596.00 for N.W. Area Drainage, Roadway and Utility Improvements Pre The funding for this project will be provided from the following accounts: Funding Source Amount Roadway 334-31~ 11.17 $50,000.00 Drainage $669,653.00 Water 11.78 $198,943.00 Sewer $6,000.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO Dr :HED YES/NO Recommendation: Staff recommends award of Pro No. 98-047, N.W. Area Drainage, Roadway and Utility Improvements to Map-Con, lc. with a bid amount of $924,596.00. ) Department Head Signature: Determination of Consistency with Com ;ive Plan: City Attorney (if applicable) Budget Director Review (requil on all items involving expenditure of funds): Funding available, Funding (if applicable) Account No. & Account Balar City Manager Revagend~~'/'~-'~NO ~-~ -3/0,~,~'5l/z6/'/~/ Hold U - -- Agenda Coo onAgenda: ~~~ ~/ /~ Action: Approved/Disapproved file 98-047(A) proje~s/98-047/~ntra~agenda.doc DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden, City Manager FROM: Randal Krejcarek, P.E. City Engineer ~/,~2/-.z- DATE: March 11, 1999 SUBJECT: N.W. Area (SpadyArea) Drainage, Roadway and Utility Improvements Project No. 98-047 Attached is the agenda request for Commission to award the N.W. Area ($pady Area) Drainage, Roadway and Utility Improvements contract. The work generally consists of the following: Construction of water distribution system improvements consisting of approximately 3300 linear feet of 8 inch diameter ductile iron pipe, 5 fire hydrants, and 21 water services. Construction of storm water management improvements consisting of approximately 48 drainage structures and 5700 linear feet of concrete culverts sized from 15 to 48 inches in diameter. Reconstruction of approximately 3750 linear feet of roadway. Asphalt overlay of approximately 1800 linear feet of roadway. Construction also includes cleating and grubbing, driveway restoration, roadside swale grading and sodding, valley gutter, concrete sidewalk, pavement markings and signage. The attached map indicates which streets will be included in this project. Attached are the bid tabulations, and a break down for funding for the referenced project. The lowest responsible, responsive bidder for this project was Man-Con, Inc. with a bid of $924,596.00. Funding Source Account Number Amount Roadway 334-3162-541-61.17 $128,223.00 Drainage 448-5411-538-63.69 $573,509.00 Water 442-5178-536-61.78 $216,864.00 Sewer 442-5178-536-63.51 $6,000.00 Total $924,596.00 If acceptable, please place this item on the March 16, 1999 Commission meeting for Commission approval. Attachment cc: Richard Hasko, P.E., Director of Env. Svcs. Dan Beatty, P.E., Deputy Dir. of Public Utilities Joseph Safford, Finance Director file: 98-047 (A) file : s/engadmin/98198-O4 7 /contractlagmemo. doc ~ ':lAY (]~1~ 'AA'N :~ '3A¥ HIt~ '~ 'N Q3 '3AV H.Lg '/~'N '3A¥ H/~ 'NVN ~ U~ '3A¥ H.L6 '/~'N '3A¥ HIOL '6A'N '3A¥ H/~; L '/~'N o ~ I · ~ , N.W. Area Drainage, Roadway and Utlity Improvements Project 98-047 Bid Tabulation 1 IMaintenance of Traffic L.S. 1 $15,000.00 $15,0OO.00 ~:~!~$37~:i::iiiiii~)~:?: $15,000.00 $15,000.00 4 24"RCP L.F. 780 $38,00 $29,640.00 :?!ii?!i!iiii~i~??!i~ii~:: $36.00 $28,080.00 23 Concrete Driveway Restoration LF. 770 $32.50 $25,025.OO ~i~iiiiiiiiiii!i~!~iiiii~!!i~~ $20.OO $15,4OO.OO 24 Asphalt Driveway Restoration LF. 225 $22.00 $4,950.00 iliili i~i~iiiiiiiii!iii!ili~ii $54.00 $12,150.OO 27 8"x8" Tapping Sleeve & Valve EA. 3 $2,500.00 $7,5OO.OO ~i~i~iiiiiiii~ii $3,1OO.00 $9,300.00 32 Reconnect Existing Water Sengcos EA. 20 $650.oo $13,0oo. OO !iiiiiiii~ili!ii~iiiiiiii~i~i~i $240.00 $4,8OO.OO 33 6"x6"Tapping Sleeve & Valve EA. 3 $2,000.00 $6,0OO.OO ii!i!~i~iiii!iiiiii!iiii~i! $2,800.00 $8,400.00 3~55 2" Blow Off EA. 1 $750.00 $2,100.00 39 Sewer Lateral Reconstruction EA. 20 $500.00 $10,OO0.OO :~ii??:ii::iii~iiiiii?:iii:?:i:~i::~i$490.00 $9,800.00 40 WaterSewiceRaconstruction EA. 20 S300.OO $6,OO0.00 iiiiiiliiiiiii~i~iiiiiiiiiiiiiiiiii~i$290.OO $5,800.00 45 IReconstmct 25' R/VV L.F. 669 $46.00 $30,774.oo ili iiiiiii!~iiiii!iiiiiii~i~! $41.OO $27,429.OO 49 Pavement Marking L.S. 1 $2,750.00 $2,750.00 ::i::i::.$:~!~i!iiiiii~~ $3,300.00 $3,300.00 53 Landscape Allowance L.S. 1 $5,OO0.00 $5,000.00 !ii!iiii!~!~iii!ii!!!!iiiii~i $5,000.00 $5,000.00 Total $838,396.40 ~ $924,596.OO ~ $926,055.50 Page 1/2 - ,,. N.W. Area Drainage, Roadway and Utlity Improvements Project 98-047 Bid Tabulation 1 Maintenance of Traffic L.S. 1 $80,000.00 $60,000.00 $10,000.00 $10,000.00 $21,000.00 $21,000.00 2 15" RCP L.F. 635 $23.50 $14,922.50 $30.00 $19,050.00 $31.00 $19,685.00 3 18" RCP L.F. 418 $27.00 $11,286.00 $40.00 $16,720.00 $34.00 $14,212.00 4 24" RCP LF. 780 $31.00 $24,180.00 $55.00 $42,900.00 $49.00 $38,220.00 '"5 30" RCP L.F. 1340 $39.00 $52,260.00 $58.00 $77,720.00 $54.00 $72,360.00 6 36" RCP LF. 833 $52.00 $43,316.50 $78.00 $64,974.00 $69.00 $57,477.00 7 42' RCP L.F. 1144 $72.00 $82,368.00 $115.00 $131,560.00 $84.00 $96,096.00 8 48' RCP L.F. 532 $85.00 $45,220.00 $141.00 $75,012.00 $94.00 $50,008.00 9 C-Inlet Ditch Bottom EA. 28 $1,200.00 $33,600.00 $1,300.00 $36,400.00 $2,100.00 $58,800.00 10 'C-Inet 4' Diam. EA. 1 $1,400.00 $1,400.00 $1,500.00 $1,500.00 $2,300.00 $2,300.00 11 C-Inet 5' Diam. EA. I $2,100.00 $2,100.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 12 ;C-lnet 6' Diam. EA. 4 $3,500.00 $14,000.50 $3,400.00 $13,600.00 $6,800.00 $15,200.00 i3 ~Manhole 4' Diam. EA. 2 $1,375.00 $2,750.00 $1,600.00 $6,200.00 $2,200.00 $4,400.00 14 Manhole 5' Diam. EA. 6 $2,800.00 $16,800.00 $2,700.00 $16,200.00 $3,100.00 $18,600.00 15 IManhole 6' Diam. EA. 2 $3,100.00 $6,200.00 $3,400.00 $6,800.00 $3,600.00 $7,200.00 16 IManhole 7' Diam. EA. I $6,000.00 $6,000.50 $4,700.00 $4,700.00 $15,100.00 $15,100.00 17 Manhole 8' Diem. EA. 1 $6,500.00 $6,500.00 $4,800.00 $4,,500.00 $1,650.00 $1,650.00 18 ;Manhole 4~8' EA. I $3,400.00 $3,400.00 $4,750.00 $4,750.00 $5,600.00 $5,600.00 19 Corn Exist. Structure EA. I $2,000.00 $2,000.00 $500.00 $500.00 $500.00 $500.00 20 Connect to Existing Drain Pipe EA. 2 $650.00 $1,200.00 $750.00 $1,500.00 $600.00 $1,200.00 21 FDOT Rip-Rap Endwall LS. 1 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $2,500.00 $2,500.00 22 Pavement Restoration LF. 617 $48.00 $29,616.00 $22.00 $13,574.00 $30.00 $18,510.00 23 Concrete Driveway Restoration L.F. 770 $65.00 $60,050.00 $25.00 $19,250.00 $25.00 $19,250.00 24 a~sphalt Driveway Restoration LF. 225 $50.00 $11,250.00 $25.50 $5,625.00 $14.00 $3,150.00 25 B" D.I.P. LF. 3256 $17.00 $55,352.00 $27.50 $89,540.00 $30.00 $97,680.00 26 Hydrant Assembly EA. 5 $1,900.00 $9,500.50 $2,360.00 $11,800.00 $2,800.00 $14,000.00 27 8"x8" Tapping Sleeve & Valve EA. 3 $2,300.00 $6,900.00 $2,300.00 $6,900.00 $3,500.00 $10,500.50 28 Fill & Flush EA. 6 $700.00 $4,200.00 $750.00 $4,500.00 $500.00 $3,000.00 29 Fittings TON 2.2 $4,500.00 $9,900.50 $3,000.00 $6,600.00 $3,000.00 $6,600.00 30 8" Gate Valve EA. 10 $700.00 $7,000.00 $750.00 $7,500.00 $700.00 $7,000.00 31 IBect. Sample Points EA. 8 $200.00 $1,600.00 $150.00 $1,200.00 $500.00 $4,000.00 32 Reconnect Existing Water Services EA. 20 $150.00 $3,000.50 $330.00 $6,600.00 $800.00 $16,000.00 33 6"x6" Tapping Sleeve & Valve EA. 3 $1,800.00 $5,400.00 $1,800.00 $5,400.00 $2,500.00 $7,500.00 33~ 2" Blow Off EA. I $800.00 $800.00 $495.00 $495.00 $400.00 $400.00 ~onnect to Existing 2" Main EA. 4 $300.00 $1,200.00 $750.00 $3,000.50 $700.00 $2,800.00 36 8" Gate Valve EA. 5 $600.00 $3,000.00 $450.00 $2,250.00 $600.00 $3,000.00 37 5" D.I.P. L.F. 5 $12.00 $60.00 $27.50 $137.50 $75.00 $375.00 33~ Pig Launcher EA. 3 $1,800.00 $5,400.00 $625.00 $1,875.00 $900.00 $2,700.00 Sewer Lateral Reconstruction EA. 20 $300.00 $6,000.00 $300.00 $6,000.00 $500.00 $10,000.00 40 ~Vater Service Reconstruction EA. 20 $150.00 $3,000.00 $125.00 $2,500.00 $600.00 $12,000.00 41 Remove Ex. 2" Main L.F. 2060 $0.50 $1,030.00 $1.00 $2,060.00 $4.00 $8,240.00 42 2" Gate Valve EA. 4 $75.00 $300.00 $300.00 $1,200.00 $300.00 $1,200.00 43 ~',onnect to Exist. 8" Water Main EA. I $700.00 $700.50 $750.00 $750.00 $2,500.00 $2,500.00 44 Reconstruct 50' R/W LF. 2316 $59.00 $136,644.00 $56.00 $134,328.00 $51.00 $118,116.00 45 Reconstruct 25' PJW L.F. 669 $48.00 $32,112.00 $55.00 $36,795.00 $50.00 $33,450.00 46 1" Asphalt Overlay S.Y. 3525 $5.00 $17,625.00 ! $2.50 $8,812.50 $3.00 $10,575.00 47 5' Concrete Sidewalk L.F. 1205 $13.00 $15,665.00 $7.50 $9,037.50 $15.00 $18,075.00 48 Sod & Shrubbery L.F. 6560 $10.00 $65,600.00 $2.50 $16,400.00 $5.00 $32,800.00 49 Pavement Marking LS. I $5,000.00 $5,000.00 $4,000.00 · $4,000.00 $10,000.00 $10,000.00 50 a~bandon Ex. 2" Main L.S. 1 $600.00 $500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 51 LltilityAllowance L.S. 1 $15,000.00 $15,000.00; $15,000.00 $15,000.00 $15,000.00 $15,000.00 "52 V'Meo Allowance LS. 1 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 53 ILandscape Allowance L.S. I $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 54 Indemnification L.S. 1 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 Total $962,416.50 ! $967,025.50 $1,001,539.00 Page 2/2 N.W. Area Drainage, Roadway and Utlity Improvements Project 98-047 Construction Cost Distribution R-! Maintenance of Traffic L.S. I $37,000.00 $37,000.00 R-2 Pavement Restoration L.F, 617 $20.00 $12,340.00 R-3 Concrete Driveway Restoration L.F. 770 $25.00 $19,250.00 R-4 Asphalt Driveway Restoration L.F. 225 $20.00 $4,500.00 R-5 Reconstruct 50' R/W L.F. 2316 $50.00 $115,800.00 R-6 Reconstruct 25' RAN L.F. 669 $44.00 $29,436.00 R-? 1" Asphalt Overlay S.Y. 3525 $3.00 $10,575.00 R~8 5' Concrete Sidewalk L.F. 1205 $14.00 $16,870.00 R-9 Sod & Shrubbery L.F. 6560 $5.00 $32,800.00 R-J0 Pavement Marking i L.S. I $10,000.00 $10,000.00 D-! 15" RCP L.F. 635 $32.00 $20,320.00 D-2 18" RCP L.F. 418 $35.00 $14,630.00 D-3 24" RCP L.F. 780 $40.00 $31,200.00 D-4 30" RCP L.F. 1340 $50.00 $67,000.00 D-5 36" RCP L.F. 833 $60.00 $49,980.00 D-6 42" RCP L.F. 1144 $80.00 $91,520.00 ]3-7 48" RCP L.F. 532 $100.00 $53,200.00 D-8 C-Inlet Ditch Bottom EA. 28 $1,400.00 $39,200.00 ]3-9 C-Inet 4' Diam. EA. 1 $1,820.00 $1,820.00 D-J0 C-Inet 5' Diam. EA. I $2,140.00 $2,140.00 D- ! 1 C-Inet 6' Diam. EA. 4 $3,450.00 $13,800.00 D-J2 Manhole 4' Diam. EA. 2 $1,300.00 $2,600.00 D-13 Manhole 5' Diam. EA. 6 $2,300.00 $13,800.00 D-J4 Manhole 6' Diam. EA. 2 $3,350.00 $6,700.00 ]3-! 5 Manhole 7' Diam. EA. I $4,600.00 $4,600.00 D-J6 Manhole 8' Diam. EA. I $5,800.00 $5,800.00 ]3-]7 Manhole 4'x8' EA. 1 $4,753.00 $4,753.00 ]3- ] 8 Core Exist. Structure EA. I $1,043.00 $1,043.00 ]3-19 Connect to Existing Drain Pipe EA. 2 $758.00 $1,516.00 D-20 FDOT Rip-Rap Endwall L.S. I $5,460.00 $5,460.00 W-! 8" D.I.P. L.F. 3256 $32.00 $104,192.00 W-2 Hydrant Assembly EA. 5 $1,850.00 $9,250.00 W-3 8"x8" Tapping Sleeve & Valve EA. 3 $2,412.00 $7,236.00 W-4 Fill & Flush EA. 6 $680.00 $4,080.00 W~5 Fittings TON 2.2 $3,250.00 $7,150.00 W-6 8" Gate Valve EA. 10 $585.00 $5,850.00 W-7 Bact. Sample Points EA. 8 $125.00 $1,000.00 W-8 Reconnect Existing Water Services EA. 20 $248.00 $4,960.00 W-9 6"x6" Tapping Sleeve & Valve EA. 3 $2,160.00 $6,480.00 W~!0 2" Blow Off EA. I $554.00 $554.00 W-I ! Connect to Existing 2" Main EA. 4 $415.00 $1,660.00 W-!2 6" Gate Valve EA. 5 $470.00 $2,350.00 W-! 3 6" D.I.P. L.F. 5 $50.00 $250.00 W-J4 Pig Launcher EA. 3 $1,100.00 $3,300.00 W-15 Water Service Reconstruction EA. 20 $300.00 $6,000.00 W-J6 Remove Ex. 2" Main L.F. 2060 $5.00 $10,300.00 W-17 2" Gate Valve EA. 4 $400.00 $1,600.00 W- ] 8 Connect to Exist. 8" Water Main EA. I $521.00 $521.00 W-19 Abandon Ex. 2" Main L.S. 1 $700.00 $700.00 S-! Sewer Lateral Reconstruction EA. 20 $300.00 $6,000.00 U-I Utility Allowance L.S. I $15,000.00 $15,000.00 U-2 Video Allowance LiS. I $1,500.00 $1,500.00 U-1 Landscape Allowance L.S. I 1 $5,000.00 $5,000.00 U-2 Indemnification L.S. ] 1 $10.00 $10.00 City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date 3/12/99 (3) lnterfund/Interdepartmental Transfer (4) Batch Number (5) Requested By: Randal L. Kre]carek,.P.~.,Cjty Engineer Stormwater CaDital Pno,J ,~,cTo ~(s) nccowx ~v~n~n, , (~ DESCRIPXlON (8) ~RANS~gn,, , , OVT (9) X~SV~R I 98-047 448-5461-538-63.90 Other Improvements $ 50,000.00 448-5411-538-63.69 Spady Area $ 50,000.00 448-5461-538-63.9~ Pipe Lining Andrews Ave $ llO,000.O0 448-5411-538-63.69 , Spady Area $ 110,000.00 334-31~2-541-62.52 SE 2nd Ave $ 78,223.00 334-3162-541-61.17 Street Reconstruction $ 78,223.00 (10) TOTAL $ 238~2~3.00 $ 238,223.00 JUSTIFICATIOn: T0 provid fun~s for N.W. Area Drainaoe. Roadway and Utility Improvements. Funds transfered from Pipe Lininq And.r~g Ave. oroiec~ will he . . . replaced at mid ye.gr .review or in 1999/2000 CIP. Department llesg~'. ¢~X' ~~9 Ass, Cily Manager ........... Finance Director City Manage~ (11) Budget Revision Date (12) Conlrol Nmnber (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE I'iNK-DEPARTMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~I~CITY MANAGER SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF MARCH 16, 1999 CONTRACT ADDITION (C.O. #3)/PAVEX CORPORATION (1999 STREET RESURFACING PROGRAM AND CITY PARKING LOT NORTH OF HAND'S) DATE: MARCH 12, 1999 This is before the Commission to consider approval of a contract addition (C.O. #3) with Pavex Corporation under the 1998 Street Resurfacing contract to include resurfacing and restriping of various streets included in the 1999 Street Resurfacing program. Also included is resurfacing and restriping of the City parking lot north of Hand's and adjacent to N.E. 1st Street. The proposed resurfacing list is included in the background information. The work will be completed utilizing unit prices for actual measured quantities identified on Change Order #3, attached, which total $93,465.80. Funding will be from 334-3162-541-61.17 (General Construction Fund - Street Reconstruction). Recommend approval of the contract addition (C.O. #3) with Pavex Corporation to include the 1999 street resurfacing program and the City parking lot behind Hand's. ref:agmemol6 Agenda Item No.:d2/___Lj~ AGENDA REQUEST Date: March 10, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: March 16,1999 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for a Contract Addition (C.C. #3) to Pavex Corporation on the 1998 Resurfacing Project (98-40). The scope of work is the resurfacing and restriping of various streets included in the 1998/1999 Annual Street Resurfacing. Aisc included is resurfacing/restriping the City parking lot north of Hands and adjacent to NE 1st St.. The work will be completed utilizing unit prices for actual measured quantities identified on attached Change Order #3. Funding Source is 334-3162-541-61.17 (Roadway Construction). ORDINANCE/RESOLUTIONREQUIRED: YES/ RAFT ATTACHED YES Recommendation: Staff Recomme~ ap~l_of C~g"~e Order #3 Depart~nent Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Reconanendation (if applicable): Budget Director Review (r~.red on all items involving expenditure of funds): Funding available: YE~NO Funding alternatives (if applicable) Account No. & Description 3~ Account Balance ~ ~0~ 0~ O~ (~ ~ I l~ ~ ~-O ' City Manager Review: ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9840.doc Memorandum To: David T. Harden, City Manager ,4 From: Howard Wight, Dep Director of Construc/~/% Date: March 10, 1999 Re: 1998 Resurfacing Projects (PN 98-40) Contract Addition (CO #3) 1998/99 Street Resurfacing Attached for Commission approval is an agenda request for a Contract Addition (C,O. #3) to Pavex Corporation on the above referenced Project. The scope of work is the resurfacing and restdping of various streets included in the 1998/1999 Annual Street Resurfacing. Also included is resurfacing/restriping the City parking lot north of Hands adjacent to NE 1st St.. The work will be completed utilizing unit prices for actual measured quantities identified on attached Change Order #3. Pavex was the Iow bidder on the 1998 Resurfacing Project (98-40). They have given us good service and produced an excellent product on the 1998 work. The unit prices of their contract are commensurate with asphalt laydown prices received on other similar projects. It is for these reasons we are proposing to extend their 1998 Contract to include the 1998/99 resurfacing. Funding Source is 334-3162-541-61.17 (Roadway Construction). file: 98-040A 1998/1999 PROPOSED RESURFACING LIST Florida Blvd Banyon Dr to North End 650 24 1,733 108 Eve St US 1 to Closure 100 48 533 33 Catherine Dr Linton Blvd to Linton Blvd 1,300 24 3,467 217 Lowson Blvd E-4 to Congress 1,100 36 4,400 275 Ave Villandry Blvd Chatelane to cul-de-sac 650 24 1,733 108 NW 8th Ct Sunflower Blvd to cul-de-sac 350 24 933 58 S Swinton Av SW 9th St to SW 3rd St 2,900 24 7,733 483 SW 6th Av SW 10th St to SW 9th Ct 250 24 667 42 SW 3rd St SW 10th Av to SW 8th Av 700 24 1,867 117 SW 2nd St SW 2nd Av to S Swinton Av 700 24 1,867 117 NW 2nd Av NW 16th St NW 18th St 650 24 1,733 10~ NW 4th Av NW 2nd St to Lake Ida Rd 1,300 24 3,467 217 NE 7th St NE 5th Av to NE 6th Av 300 36 1,200 75 Hands Parking Lot 3,900 22( s:\eng admin\budget\98-99cip\asphtn 1 .xls 3/10/99 1 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3 (Contract Addition) PROJECT NO. 98-40 DATE: PROJECT TITLE: 1998 Resurfacing Projects TO CONTRACTOR: Pavex Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Add per the attached street listing tiffed "1998/1999 Proposed Resurfacing List". Work to be completed utiliziang the actual quantities completed at the Contract Unit Prices below: Item#I-Mobilization 2ea x $1,600.00 = $3,200.00 Item #3 - Asphalt Leveling/Overlay 2,178tn x $ 39.25 = $85,486.50 Item #4 - Adjust MH Rings and Covers 10ea x $ 76.00 = $ 760.00 Item #5 - Adjuct Valve Boxes 10ca x $ 10.00 = $ 100.00 Item #6 - Crosswalk Striping 150If x $ 1.45 = $ 217.50 Item #7 - 24" Solid White Stop Bar 264 ff x $ 2.45 = $ 646.80 Item#g-4"Y¢llowStrip¢ 1,100If x $ 1.25 = $ 1,375.00 Item #9a-Parking Stall Striping 102 ea x $ 5.00 = $ 510.00 Item #9b Remove/Replace Car Stops 102 ea x $ 5.00 = $ 510.00 Item #9c New Car Stops (Mat Only) 60 ea x $ 11.00 = $ 660.00 Total C. O. #3 $93~465.80 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 93,453.30 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 81,706.25 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $175,159.55 COST OF CONSTRUCTION CHANGES THIS ORDER $ 93,465.80 ADJUSTED COlqTI~CT AMOUNT INCLUDING THIS CHANGE ORDER $268,625.35 PER CENT INCREASE THIS CHANGE ORDER 98% TOTAL PER CENT INCREASE TO DATE 287.4% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Pavex Corporation, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Soume is 334-3162-541-61.17 (Roadway Construction) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk City Of Delray Beach sar 0 5 1999 Department of Environmental Services TO: David Harden FROM: Randal L. Krejcarek, P.E.~~~/ DATE: 4-Mar-99 SUBJECT: 1998199 Proposed Resurfacing List Attached are two lists: The first contains streets that are rated either "D" or "E" and are not contained in a currently funded project. The second list is a subset of the first and contains those roads which either required minimal underground work or do not require any underground work to be completed pdor to resurfacing. I am recommending the streets on the second list be include in this years resurfacing contract. The cost for this resurfacing is approximately $60,667.00. Once the resuffacing list is finalized we will inventory the number of paved swales to be removed and estimate the cost of their removal. The cost of removing paved swales will be added the resurfacing cost. Please advise. Thanks. enc. cc Richard Hasko, P.E., Director of Environmental Services Howard Wight, Construction Manager project file 98-40A s:tengadrnintprojects198LqS.040~budgef199resurf. O01 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY I~2XlAGER SUBJECT: AGENDA ITEM ~l - REGULAR MEETING OF MARCH 16, 1999 CONTRACT ADDITION (C.O. #i)/CHAZ EQUIPMENT (BAY STREET WATER, STORM DRAIN AND ROAD RECONSTRUCTION) DATE: MARCH 12, 1999 This is before the Commission to consider approval of a contract addition (C.O. #1) in the amount of $127,965.00 under the Dotterel Road reconstruction project to include water main installation, storm drainage installation and road reconstruction of Bay Street from Venetian Drive to Gleason Street. Three quotes were solicited from contractors currently working for the City. Chaz Equipment was low with $127,965.00; the engineer's estimate is $127,400.00. The Bay Street improvements will be constructed in conjunction with the Windsor Court condominium development currently under construction by Ironwood Properties. A June 1999 completion date is needed for Bay Street to coincide with the completion of Windsor Court. Ironwood Properties is reimbursing the City $51,955.00 of the total amount, which represents the costs for the water main upgrade and pro rata share of the roadway improvements. Funding for the project will be in the amount of $49,660.00 from 448-5411-538-62.29 (Stormwater Utility - Nassau/Venetian/Bay Street) and $26,350.00 from 334-3162-541-61.17 (Street Reconstruction), and the reimbursement from Ironwood Properties which will be by agreement acceptable to the City Attorney. Recommend approval of contract addition (C.O. #1) with Chaz Equipment Co., Inc. for the Bay Street water, storm drain and road reconstruction project. ref:agmemol4 Agenda Item No.: AGENDA REQUEST Date: March 10, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: March 16, 1998 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for a Contract Addition (C.C. #1) to Chez Equipment Co., Inc. on the Dotterel Road Project. The scope of work includes water main installation, storm drainage installation and mad reconstruction of Bay Street from Venetian Dr to Gleason St (PN 97-45). The amount of the work is $127,965.00. Three quotes were received for the scope of work from contractors currently working for the City on projects. Chez Equipment was Iow at $127,965.00;B & B Properties was second at $137,226.00; and Telcon, Inc. was third at $164,955.00. The engineers estimate is $127,400.00. Bay Street improvements will being constructed in conjunction with the Windsor Ct Condominium development currently under construction by Ironwood Properties. A June 1999 completion date for Bay Street is needed to coincide with the completion of Windsor Ct. Ironwood Properties is reimbursing the City $51,955.00 of the total amount. This amount represents the costs for the water main upgrade and pro rata share of the roadway improvements. Funding Sources are 448-5411-538-62.29 (Bay Street Drainage) for $49,660.00; and 334-3162-541-61.17 (Roadway Construction) for $26,350.00; and from Ironwood Properties for $51,955.00. A budget transfer is attached. This agenda item is subject to the review and approval, by City Attorney, of the agreement between the City and Ironwood Properties for Ironwood Properties' contribution of $51,955.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recomme of the Contract Addition (C.O. #1) to Chaz Equipment. n~. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives l~ (if applicable) Account No. & Description Account Balance City Manager Review: ~ Approved for agenda: /NO Agenda Coordinator Review: Placed on Agenda: Action: Approved/Disapproved City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden FROM: Randal L. Krejcarek, P.E.///~~~/~ DATE: 11-Mar-99 SUBJECT: Dotterel Road Reconstruction (PN 95-33) Contract Addition for Bay Street Reconstruction Attached for Commission approval is an agenda request for a Contract Addition (C.O. #1) to Chaz Equipment Co., Inc. on the Dotterel Road Project. The scope of work includes water main installation, storm drainage installation and road reconstruction of Bay Street from Venetian Dr. to Gleason St. (PN 97-45). The amount of the work is $127,965.00. Three quotes were received for the scope of work from contractors currently working for the City on projects. Chaz Equipment was Iow at $127,965.00;B & B Properties was second at $137,226.00; and Telcon, Inc. was third at $164,955.00. The engineers estimate is $127,400.00. Bay Street improvements will being constructed in conjunction with the Windsor Ct Condominium development currently under construction by Ironwood Properties. A June 1999 completion date for Bay Street is needed to coincide with the completion of Windsor Ct. Ironwood Properties is contributing, through an agreement with the City, $51,955.00. This amount represents the costs for the water main and sewer upgrades and pro rata share of the drainage and roadway improvements. This agenda item is subject to the review and approval, by the City Attorney, of the agreement between the City and Ironwood Properties for Ironwood Properties' contribution of $51,955.00. Funding Sources are 448-5411-538-62.29 (Bay Street Drainage) for $49,660.00; and 334- 3162-541-61.17 (Roadway Construction) for $26,350.00; and from Ironwood Properties for $51,955.00. A budget transfer is attached. enc. file: 97-45A;95-33A (A); 98-44 (A) s:~en gadmin ~projects ~97197-045~contract~co 1mem. doc ~no ~ ..... ~ ..... ii 0 ~ 888~888888888qq~§§§~g§8 ~ ~ ~ ooo~o~o~o ~ooooo~oo~:o,X ~00~0~00~~~~1~ ~ ~ 88888888888888888888i800 ~ ~* ~ · - ~ ~l~l CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 (Contract Addition) PROJECT NO. 95-33 DATE: PROJECT TITLE: Dotterel Road Reconstruction TO CONTRACTOR: Chaz Equipment Co., Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construction of Water Distribution per plan sht C5 of C5 titled "Windsor Ct Water and Sewer Plan" by Shah Drotas and Associates;construction of Storm Drainage and Road Reconstruction of Bay Street from Venetian Dr to Gleason St. per plan sheets 1-3 titled "Bay Street Drainage Improvements" by ESD dated Nov '98. All improvements are to be constructed in accordance with the items and umt prices of Schedule 'A' attached. The final amount will be determined from the actual measurements at the unit prices of Schedule 'A'. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $275,772.50 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $275,772.50 COST OF CONSTRUCTION CHANGES THIS ORDER $127,965.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $403,737.50 PER CENT INCREASE THIS CHANGE ORDER 46.4% TOTAL PER CENT INCREASE TO DATE 46.4% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Chaz Equipment Co., Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Sources are Funding Sources are 448-5411-538-62.29 (Bay Street Drainage) for $49,660.00; and 334-3162-541-61.17 (Roadway Construction) for $26,350.00; and from Ironwood Properties for $51,955.00. A budget transfer is attached. ~/'~_..) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk Schedule 'A' Contract Addition (C.O. #1) Bay Street Water Main, Drainage, + Road Reconstruction Project #97-045 1 Maintenance of Traffic I LS $2~500.00 $2~500.00 2 Open-cut pavement repair 17 LF $20.00 $340.00 3 Remove existing Drainage Structure 3 EA $400.00 $1,200.00 4 Remove existing Drainage Pipe 1 LS $4,000.00 $4~000.00 5 1-1/2" Type S-3Asphalt 1200 SY $4.50 $5~400.00 6 8" Limerock Base 1300 SY $12.00 $15~600.00 7 12" Stabilized Subgrade 1400 SY $6.00 $8~400.00 8 Pavement markings 1 LS $2,500.00 $2~500.00 9 24" RCP - drainage pipe 33 LF $45.00 $1r485.00 10 30" RCP - drainage pipe 460 LF $50.00 $23~000.00 11 Valley Gutter 455 LF $15.00 $6~825.00 12 4' Type "P" drainage manhole (0'-6') 1 EA $3,000.00 $3~000.00 13 Type "E" inlet and grate 5 EA $3,700.00 $18~500.00 14 Connect to existing drainage 2 EA $500.00 $1~000.00 15 8" C-900 Water Main 440 LF $17.00 $7~480.00 16 10" x 8" Tapping Sleeve & Valve 1 EA $2,500.00 $2~500.00 17 8" x 8" Tapping Sleeve & Valve 1 EA $2,300.00 $2,300.00 18 8" Gate Valve & Box 2 EA $600.00 $1~200.00 19 Fire Hydrant 1 EA $1~700.00 $1~700.00 20 Single Water Service 10 EA $500.00 $5~000.00 21 Double Water Service 3 EA $650.00 $1~950.00 22 Fill & Flush Assembly 1 EA $1~200.00 $1~200.00 23 Sample Points 2 EA $200.00 $400.00 24 6" SDR 35 PVC 375 LF $13.00 $4,875 00 25 6" Cleanout 18 EA $150.00 $2~700.00 26 Tie into existing laterals 2 EA $500.00 $1~000.00 27 Sod 400 SY $4.00 $1~600.00 28 Video allowance 1 LS $300.00 $300.00 29 Indemnification I LS $10.00 $10.00 RECEIVED [ITY DF IIELRrI¥ BEI:I[H CITY' MANAGER CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali. America City I III: MEMORANDUM I DATE: March 9, 1999 1993 TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Coca-Cola Contract - Assignmem of Certain Revenues As you are aware, the City has a three year agreement with Coca-Cola which expires in April of the year 2000, unless the City renews the agreement for an additional three years. The City entered into an assignment of the City's rights to certain compensation and promotional support under the agreement for the years 1998 and 1999, however, the City is entitled to the consideration for 1999 (and thereafter) because Net Assets did not hold the tournament in 1999. The new assignment agreement to Matchpoint, Inc. as drafted is not limited to the 1998 or 1999 year, but applies to all the remaining years of the Coca- Cola Contract, up to April of the year 2000. Mr. Dubin is contacting Coca-Cola regarding the assignment of this agreement. Please call if you have any changes. If not, please place this assignmem agreement on the City Commission agenda for consideration. Attachment cc: Alison Harty, City Clerk Brahm Dubin cola.sar AMENDMENT NO. 2 TO THE CONTRACT BETWEEN COCA-COLA ENTERPRISES, INC., D/B/A FLORIDA COCA-COLA BOTTLING COMPANY AND THE CITY OF DELRAY BEACH, FLORIDA This Amendment No. 2 to the contract between Coca-Cola Enterprises, Inc., d/b/a Florida Coca-Cola Bottling Company (Contractor) and the City of Delray Beach, Florida (City) is made this day of , 199 WITNESSETH: WHEREAS, Contractor and the City entered into an Agreement on May 2, 1997, known as Bid # 97-17 - Soft Drink Vending Service Contact (Coca-Cola Contract); and, WHEREAS, Contractor and the City entered into an amendment to the May 2, 1997 agreement dated December 15, 1997 assigning certain rights to BJCE and Net Assets for the years 1998 and 1999; and, WHEREAS, Net Assets is not holding a tournament in 1999; and, WHEREAS, Amendment No. 1 to the agreement between Net Assets, BJCE, Inc. and the City provides that if an event is not held in any year, the consideration shall be paid to the City and not to Net Assets; and, WHEREAS, the Coca-Cola Contract in Attachment A, Section IV, "Advertising" sub- part B, "Tennis Center Promotional Events" and Addendum C provides that Contractor will provide $25,000 for sponsorship fees and $81,000 in additional promotional support to the City for each year of the contract; and, WHEREAS, the "Coca-Cola Contract" also provides for other support services which is not included as part of the services for the purposes of this addendum; and, WHEREAS, the City has entered into an agreement with Match Point, Inc.; and, WHEREAS, the City and Contractor agree that the items referenced in Attachment A, Section IV. B and Addendum C to the "Coca-Cola Contract", only, will be paid directly to Match Point, Inc. instead of the City, unless Match Point, Inc. fails to hold or promote the ATP Tour Event in any year. NOW, THEREFORE, for the mutual promises, covenants, and agreements contained herein, the parties covenant and agree as follows: 1. That the recitations set forth above are incorporated as if fully set forth herein. 2. That the parties agree that Contractor shall pay over to and provide to Match Point, Inc., the monies and services provided in Attachment A, Section IV., subsection B, and Addendum C of the "Coca-Cola" contract up to April of the year 2000. 3. Contractor is authorized to contract directly with Match Point, Inc. as to the particulars of the promotions and schedule of payments. 4. That for any reason Match Point, Inc. fails to hold and promote the tournament in any year, then the monies and promotional support shown in Attachment A, Section IV, subsection B and Addendum C to the "Coca-Cola Contract" will be paid directly to the City as originally contemplated and this addendum will become null and void. 5. All other terms and conditions of the Coca-Cola Contract shall remain in full force and effect as if fully set forth herein. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Mayor Approved as to legal sufficiency and form: By: City Attorney 2 WITNESSES: COCA-COLA ENTERPRISES, INC. By: (Print or Type Name) (Print or Type Name) (SEAL) (Print or Type Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 199__, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped Title or Rank Serial Number, if any coke2.agt MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lVlg~AGER~ SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF MARCH 16, 1999 CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/DAVID BROOKS ENTERPRISES, INC. (LAKEVIEW GOLF COURSE CLUBHOUSE) DATE: MARCH 11, 1999 This is before the Commission to approve the final closeout change order (#2) with David Brooks Enterprises for the Lakeview Golf Course Clubhouse project. The change order is in the amount of $16,187.00 and includes an eighteen (18) calendar day extension. It includes various owner-requested revisions, architectural and engineering design revisions, and unforeseen conditions as summarized in the attached memorandum from the Environmental Services Department and Exhibit "A" to the change order. Final payment in the amount of $54,358.00 is also requested. The project is complete and has been accepted by the City. Funding will be from 446-4761-572-62.10 (Lakeview Golf Course - Buildings). Recommend approval of closeout Change Order #2 and final payment to David Brooks Enterprises, Inc. for completion of the Lakeview Golf Course Clubhouse project. ref:agmemol7 Agenda Item No. AGENDA REQUEST Date: February 23, 1999 Request to be placed on: X Regular Agenda ~ Special Agenda Workshop Agenda When: March 02, 1999 Description of item (who, what, where, how much): Staff request the City Commission approve Change Order #2 (Final) in the amount of $16,187.00, including an 18 calendar day extension, and final payment in the amount of $54,358.00, to the construction contract with David Brooks Enterprises, Inc., for the completion of the Lakeview Golf Course Clubhouse project. This Change Order reflects various Owner requested revisions, Architectural/Engineer Design revisions, and Unforeseen Conditions as summarized on Exhibit A of the attached change order. Funding is available from the Lakeview Golf Course account No. 446-4761-572-62.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Change Order #2 (Final) in the amount of $16,187.00 including an 18 calendar day extension, and final payment in the amount of $54,358.00, to the con,.~ction contract wi~th//~alvid Brooks Enterprises, Inc., for the completion of the Lakeview Golf 0'our~,e ClulC~g,se proj~ct. / Department head signature: L~~~'''~- ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable):. Budget Director Review (re/~l~d on all items involving expenditure of funds): Funding available: E~..~NO Funding alternatives (if applicable): Account No. & Description 446-4761-572-62.10 Lakeview Golf Course, Buildin.qs Account Balance~r,,J,~/~-j~?? -'~;,_,-~ / ~-~,¢~ ~,~..,~, '-~,~ ~/~,,~.~: /~'~/Z'? . City Approved for agenda':~lO ~(;~/_/~ .z~-'" ~,-'--~ /,, Manager Review: ~'O ~g'~/?1 .~ ,.~. ~ ~-~~ ./~.4. ./~,,...,. i~ ..,_~.~ ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\.,.\9565~agreq030299 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Victor Majtenyi Assistant Construction Manager Date: February 24, 1999 Subject: AGENDA REQUEST (03/02/99) Lakeview Golf Course Clubhouse; C.O.#2/Final & Final Payment Project No. 95-065 Attached is an Agenda Request for City Commission to approve a Change Order #2 (Final) in the amount of $16,187.00, including an 18 calendar day extension, and final payment in the amount of $54,358.00, to David Brooks Enterprises, Inc., for the completion of the Lakeview Golf Course Clubhouse Project. A list of items with a brief description of each is presented below. Also attached is Change Order # 2 with Exhibit "A". Owner requested revisions: (numbers correspond to GC's requests) 27. Snack Bar: The City requested to revise the snack bar area based on actual usage requests by Dubin & Associates. VVhile negotiating the cost of this change, some immediate revisions were requested so as not to impact the overall schedule. To eliminate any further claims for money and time, the revised scope of work was ultimately removed from the contract and completed by the City after owner furnished equipment was delivered. This cost reflects the changes that were required: electrical and plumbing revisions, cabinet fabrication, and floor tiling. $975.00 34. Landscape revisions: Most of the relocated Live Oaks trees (4) did not survive after transplantation. Based on the age of these trees and the time of year, the landscape consultant stated that the probability of survival for these trees was questionable from the start. As an alternate to replacing with like and kind, the Planning Dept. approved several clusters of Sabal Palms. In addition, there were some minor landscape revisions due to parking lot and cart path modifications, as well as some palm tree relocations to safely clear the building upon their maturity. This cost reflects a negotiated amount for this work. $1,538.00 B. Temporary Trailer Rentals (credit) I Time Extension:. The current contract substantial completion date is November 20, 1998. The project was actually substantially complete December 8, 1998. The contractor requested a time extension of 64 days. Some of these time delays were attributable to owner or architectural revisions, as well as Lakeview Clubhouse, Change Order #2/Final, Agenda Request Page 1 of 3 the contractor's lack of resources and timely scheduling. Actual expenses incurred by the golf course as a result of these delays, was one extra month rental on the restroom and pro-shop trailers in the amount of $2,050.00. In an effort to amicably closeout this project, staff is also recommending the additional 18 calendar days to the actual December 8th substantial completion date. $(2,050.00) Sub-total Owner requested items $463.00 Architect/Engineer Design revisions: 11. Asphalt Cart Path Revisions: The condition of certain areas of the cart and pedestrian paths were not suitable for only an overlay as shown on the plans, but needed to be reconstructed. In addition, certain areas around the building needed to be reconfigured to accommodate the new entrance areas (these areas were not included Jn the contract). This cost reflects the net plus/minus as-buJlt quantities regarding cart path construction. $12,512.00 18. Size of Sump: The size of the sump for the grinder pump in the cart was shown on the plans as 24 inches deep. The mechanical engineer determined the depth needed to be 60" to accommodate the new design conditions. This amount is the cost for material and labor for installing the larger sump. $1,310.00 25. Snack Bar Windows: The size of the windows at the pro shop check- in area were too small for observation outside by golf course personnel. This cost reflects the changing of these 3' high windows to new 4' high windows. $627.00 33. Fire Extinguishers: Two fire extinguishers were required for final inspection by the fire department. $100.00 36. Return Air Louvers: The size of the return air louvers on the mechanical room doors were designed undersized for the air flow required. One additional louver was installed in each door (pair of double doors) to alleviate this problem. $291.00 Sub-total A/E Design items $14,840.00 Unforeseen Conditions: 29. New Water Service:. The existing water line to the building was in conflict with proposed pavement and landscape areas. Therefore, a new 200If of water line was installed from the existing meter to avoid these areas. $1,060.00 A. Soil Testing (credit): Cost of soil and concrete testing is owner's responsibility; for only those tests producing acceptable results. This is a credit for tests resulting in failures. ($176.00) Sub-total Unforeseen Conditions $884.00 Lakevicw Clubhouse, Change Order #2/Final, Agenda Request Page 2 of 3 Total additions $18,413.00 Total credits $(2,226.00) Total for Change Order #2 $18,187.00 Staff recommends City Commission approve Change Order #2 (Final) in the amount of $16,187.00, including an 18 calendar day extension, and final payment in the amount of $54,358.00, to the contract with David Brooks Enterprises, Inc. for the completion of the Lakeview Golf Course Clubhouse. Funding for this Change Order #2 is available from the Lakeview Golf Course Account No. 446-4761-572-62.10. cc: Bob Barcinski; Assistant City Engineer Dick Hasko; Director of ESD Howard Wight; Dir. Of Construction 03/02/99 Agenda file Project File 95-065 (A) Esd...\9565~agmem030299 Lakeview Clubhouse, Change Order #2/Final, Agenda Request Page 3 of 3 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Two (2)/Final PROJECT NO. 95-065 DATE: March 02, 1999 PROJECT TITLE: Lakeview Golf Course Clubhouse Proiect TO CONTRACTOR: David Brooks Enterprises, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide all labor, material, and equipment necessary for the construction of various revisions to the plans and specifications to the Lakeview Golf Course Clubhouse proiect, as itemized on Exhibit A attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $503,700.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $26,820.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $530,520.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 16,187.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $546,707.00 PER CENT INCREASE THIS CHANGE ORDER 3.21% TOTAL PER CENT INCREASE TO DATE 8.53 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, 18 CALENDAR DAYS TO 07Jan99 date CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. CONTRACTOR SIGNATURE (ARCHITECT) (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 446-4761-572-62.10. DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER/DIRECTOR MAYOR ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK s:\...\95065\co2(flnal) EXHIBIT "A" Lakeview Golf Course Clubhouse Project Change Order #21Final Owner Unforeseen A/E Design Requested Item # Description Conditions Revisions Revisions 11 Additional asphalt overlay to existing cart $ 12,512.o( 3aths and walkways not shown on plans, and reconstruct existing paths destroyed during installation of drainage pipe. 18 Change size of sump of the grinder pump $ 1,310.o( station at cart barn restroom from 24" to 60" depth. 25 Change two 3' length windows to 4' length. $ 627.0( 27 Snack Bar and Food Prep area revisions; $ 975.o{~ cabinetry, elect., and plumbing changes associated with relocation of triple sink and ice machine. I 29 Installation of new water service (200 If); $ 1,060.00 existing service was too shallow and in the area of proposed pavement. 33 Furnish two fire extinguishers; required for $ 100.0c building inspection. 34 Landscaping revisions;the replacement of $ 1,538.00 dead trees that died after transplantation and some minor revisions as a result of 3avement modifications. 36 Installation of two additional louvers to doors $ 291.0C leading to Air Handler closet; required for proper return air flow to unit. A Credit for failed soil densities. $ (176.00) B Cost of one month rental on the temporary $ (2,050.00) pro-shop trailer and the restroom trailers. Also includes 18 calendar day time extension. Pending Changes $ 884.00 $ 14,840.00 $ 463.00 Total Amount this Change Order $16,187.00 Total Calendar Days this Change Order 18 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY Mg2XlAGER SUBJECT: AGENDA ITEM ~- REGULAR MEETING OF MARCH 16, 1999 BID AWARDS FOR AUTOMOTIVE PARTS/MULTIPLE VENDORS DATE: MARCH 12, 1999 This is before the Commission to approve the award of bids for automotive parts to multiple vendors. This item is on the regular agenda since not all of the awards are to the low bidder. This is an annual contract for parts that are stocked in the Purchasing warehouse. Funding is from various departmental operating budgets. Recommend approval of the bid awards to multiple vendors for automotive parts as recommended by staff. ref:agmemol8 Agenda Item No.: 7~-- AGENDA REQUEST Date: March 11, 1999 Request to be placed on: Consent XX R~g~r Agenda Special Agenda Workshop Agenda When: March 16. 1999 Description of agenda item '(who, what, where, how much): Bid Award - Bid #99-08 - Automotive Parts Annual Contract. Award to various vendors at an estimated annual cost of $14,325.54. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award annual contract for automotive parts which are stocked in Purchasing Warehouse to various vendors at an estimated annual cost of Funding from various departments' o~e~tin~ budget. Department Hea~ Signature: Determination of Consistency witb~.~o~ ehensive ~an: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available~YE~ NO ~ ~ ~- Funding alternatives: h-~ ' appli~ablel Account No. '& Description: ,~ V_ .D~i(-~5 ~ Account Balance: '~b¢~ '- '~ .... City Manager Review: Approved for agenda: ~/)/ NO .~ ~~_~ '~~'~.P~~..~ Hold Until: ' ~_~- A~enda Coordinator Review: ,~o--~,~)~ Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor ~ THROUGH: Joseph Sa.~~inance Director DATE: March 11, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING MARCH 16, 1999 - BID AWARD AUTOMOTIVE PARTS - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve multiple awards to various vendors listed below for the purchase of automotive parts stocked in the Purchasing Warehouse, at an estimated annual cost of $14,325.54. Background: Bids were received on February 12, 1999, from eight (8) vendors all in accordance with City's purchasing procedures. (Bid #99-08 on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Deputy Director of Public Works and Purchasing Warehouse personnel have reviewed the bids received and recommend award to various vendors as highlighted as on the attached tab sheet. Recommendation: Staff recommends award to vendors listed below at an estimated annual cost of $14,325.54. Funding from various departments' operating budget. Vendor: Est. Dollar Amount: A to Z Auto Parts $12,210.76 L & L Distributors $ 1,306.48 Marc Industries $ 271.62 S & H Distributors $ 166.54 Steeve Moore Chevrolet $ 370.14 TOTAL $14,325.54 Attachments: Tabulation of Bids City of Delray Beach Award Recommendations MEMORANDUM TO: Jackie Rooney, Purchasing Supervisor FROM: Hoyt Owens, Deputy Director Public Works~ DATE: February 25, 1999 ~" SUBJECT: BID EVALUATION #99-08 / AUTOMOTIVE PARTS Bill Dart3, and I have reviewed the above annotated bid responses. It is our joint recommendation to award each line item to the lowest and most responsive bidder in most instances. The recommended recipient is high lighted in yellow. Several exceptions are to be noted, as follows: Lines #26, #27, #28, #29, #30, #34, #36, #45, #46, #53, 8138 and #139 are designated as OEM parts only. None of the respondents provided a quotation for OEM parts on these line items. Therefore, no award should occur for these designated items. If you have any questions, please call. attachments: c: Bob Barcinski w/attachments Bill Darty w/attachments a:rooney. 004 disk #5 AUTOMOTIVE PARTS - ANNUAL CONTRACT BID #99-08 DELRAY BEACH REQUIREMENTS ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 1. A/C FREON A TO Z $415.00 CYL. LOW BIDDER. 30 LB. CYL. #R12 AUTO PARTS X 6 = $2,490.00 2. A/C FREON A TO Z $68.00 EA CYL. LOW BIDDER 30 LB. CYL. #134A AUTO PARTS X 10 = $680.00 3. A/C OIL CHANGE A TO Z $4.10 EA. LOW BIDDER 4 OZ. IGLOO AUTO PARTS X 6 = $24.60 4. A/C RECEIVER A TO Z $29.00 EA. LOW BIDDER /DRYER 92 LTD AUTO PARTS X 3 = $87.00 5. BEACON ROTATING L & L $99.00 EA. LOW BIDDER AMBER, 4 BULB DISTRIBUTORS X 12 = $1188.00 6. STROBE LIGHT A TO Z $90.00 EA. LOW BIDDER UNIVERSAL #250 AUTO PARTS X 12 = $1080.00 7. STROBE LIGHT A TO Z $17.00 EA. LOW BIDDER BULB #129 AUTO PARTS X 6 = $102.00 8. MIRROR REPAIR KIT L & L $1.40 EA. LOW BIDDER LOCTITE DISTRIBUTORS X 36 = $50.40 9. BACK-UP ALARM A TO Z $46.00 EA. LOW BIDDER ECCO AUTO PARTS X 12 = $552.00 10. BATTERY HOLDOWN A TO Z $1.69 EA. LOW BIDDER DEKA AUTO PARTS X 6 = $10.14 11. BATTERY HOLDOWN A TO Z $1.20 EA. LOW BIDDER BOLT AUTO PARTS X 12 = $14.40 12. BELT ALL SYSTEMS L & L $11.00 EA. LOW BIDDER 87,88,91, LTD 5.8 L DISTRIBUTORS X 2 = $22.00 13. BELT ALL SYSTEMS A TO Z $9.08 EA. LOW BIDDER 87,89,91 LTD 5L AUTO PARTS X 2 = $18.16 ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 14. BELT ALL SYSTEMS A TO Z $10.76 EA. LOW BIDER 87,89,91 LTD AUTO PARTS X 2 = $21.52 15. BELT ALL SYSTEMS A TO Z $6.00 EA. LOW BIDDER 89,91,92 TAURUS 3.L AUTO PARTS X 6 = $36.00 16. BELT ALL SYSTEMS A TO Z $10.25 EA. LOW BIDDER 89,91,92 TAURUS 3.L AUTO PARTS × 6 = $61.50 17. BELT ALL SYSTEMS A TO Z $10.02 EA. LOW BIDDER 93 TAURUS 3.8L AUTO PARTS X 6 = $60.12 18. BELT ALL SYSTEMS A TO Z $11.16 EA. LOW BIDDER 92 ASTRO, 90 CAPRICE AUTO PARTS X 2 = $22.32 19. BELT ALL SYSTEMS A TO Z $10.19 EA. LOW BIDDER 94 CAPRICE AUTO PARTS X 12 = $122.28 20. BELT ALL SYSTEMS A TO Z $9.00 EA. LOW BIDDER 7 GROOVE 92,93 LTD AUTO PARTS X 3 = $27.00 21. BELT ALL SYSTEMS A TO Z $10.24 EA. LOW BIDDER 6 GROOVE, 93 LTD AUTO PARTS X 3 = $30.72 22. BELT ALL SYSTEMS A TO Z $9.27 EA. LOW BIDDER 96 CAVALIER AUTO PARTS X 6 = $55.62 23. BETL ALL SYSTEMS A TO Z $14.50 EA. LOW BIDDER 96 3500 CHEVY AUTO PARTS X 6 = $87.00 24. BELT ALL SYSTEMS A TO Z $12.25 EA. LOWBIDDER 96 G250 5.8L AUTO PARTS X 6 = $73.50 25. BELT ALL SYSTEMS A TO Z $11.50 EA. LOW BIDDER 96 CHEVY 6.5 L AUTO PARTS X 6 = $69.00 26. F. BRAKE PADS NO AWARD OEM PARTS 87,88,92 RAMCHARGER 27. F. BRAKE PADS NO AWARD OEM PARTS 97 CROWN VIC ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 28. R. BRAKE PADS NO AWARD OEM PARTS CROWN VIC 29. F. BRAKE ROTOR NO AWARD OEM PARTS 95 CROWN VIC 30. R. BRAKE ROTOR NO AWARD OEM PARTS 97 CROWN VIC 31. F. BRAKE PADS A TO Z $23.00 SET LOW BIDDER 90 CAPRICE AUTO PARTS X 3 = $69.00 32. BRAKE PAD HARDWARE A TO Z $3.97 EA. LOW BIDDER 90 CAPRICE AUTO PARTS X 3 = $11.91 33. F. BRAKE PAD MARC $ 20.15 SET LOW BIDDER 87,89,91 LTD iNDUSTRIES X 3 = $60.45 34. F. BRAKE ROTOR NO AWARD OEM PARTS 92,93 CROWN VIC 35. BRAKE PAD A TO Z $ .98 EA. LOW BIDDER HARDWARE CLIP, AUTO PARTS X 12 = $11.76 LTD, CROWN VIC 36. F. BRAKE PADS NO AWARD OEM PARTS 92, 93 CROWN VIC 37. F. BRAKE PADS A TO Z $14.96 EA. LOW BIDDER 91 S-10 AUTO PARTS X 4 = $59.84 38. F. BRAKE PADS A TO Z $18.50 EA. LOW BIDDER 91 ESCORT AUTO PARTS X 6 = $111.00 39. F. BRAKE PADS A TO Z $19.50 SET LOW BIDDER 96 F250 AUTO PARTS X 6 --- $117.00 40. F. BRAKE PADS A TO Z $ 22.50 SET LOW BIDDER 89,91,92 TAURUS AUTO PARTS X 6 = $135.00 41. F. BRAKE PADS MARC $ 23.72 SET LOW BIDDER 93 TAURUS INDUSTRIES X 6 = $142.32 ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 42. F. BRAKE PADS A TO Z $16.75 SET LOW BIDDER 96 CAVALIER AUTO PARTS X 6 = $100.50 43. F. BRAKE PADS A TO Z $18.50 SET LOW BIDDER 96 3500 CHEVY AUTO PARTS X 6 = $111.00 44. F. BRAKE PADS A TO Z $15.00 SET LOW BIDDER DIESEL 96 3500 CHEVY AUTO PARTS X 6 = $90.00 45. R. BRAKE PADS NO AWARD OEM PARTS 92,93 CROWN VIC 46. R. BRAKE ROTOR NO AWARD OEM PARTS 92,93 CROWN VIC 47. F. BRAKE PADS NO AWARD OEM PARTS 94 CAPRICE 48. F. BRAKE ROTOR NO AWARD OEM PARTS 94 CAPRICE 49. R. BRAKE PADS NO AWARD OEM PARTS 94 CAPRICE 50. R. BRAKE ROTOR NO AWARD OEM PARTS 94 CAPRICE 51. R. BRAKE SHOES A TO Z $ 9.00 SET LOW BIDDER 90 CAPRICE AUTO PARTS X 2 = $18.00 52. R. BRAKE SHOES A TO Z $ 8.75 SET LOW BIDDER 87,89,91 LTD AUTO PARTS X 2 = $17.50 53. R. BRAKE SHOES NO AWARD OEM PARTS RAMCHARGER 54. R. BRAKE SHOES A TO Z $10.30 SET LOW BIDDER 89,91,92 TAURUS AUTO PARTS X 6 = $61.80 55. R. BRAKE SHOES A TO Z $14.00 SET LOW BIDDER 92,93 TAURUS AUTO PARTS X 4 = $56.00 ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 56. JUMPER CABLE A TO Z $14.00 SET LOW BIDDER SEARS 28-7123 AUTO PARTS X 6 = $84.00 57. BATTERY CHARGER A TO Z $116.00 SET LOW BIDDER SEARS 71450 AUTO PARTS X 6 = $696.00 58. THERMOSTAT A TO Z $ 3.50 EA. LOW BIDDER 92 LTD 4.6L AUTO PARTS X 6 = $18.00 59. THERMOSTAT S & H $ .77 EA. LOW BIDDER GASKET 92 LTD DISTRIBUTORS X 2 = $1.54 60. THERMOSTAT A TO Z $ 8.00 EA. LOW BIDDER 94 CAPRICE 5.7L AUTO PARTS X 6 = $48.00 61. FLASHER #550 A TO Z $1.20 EA. LOW BIDDER EMERGENCY LIGHTS AUTO PARTS X 6 = $7.20 62. FLASHER #552 A TO Z $ .50 EA. LOW BIDDER EMERGENCY LIGHTS AUTO PARTS X 12 = $6.00 63. FLASHER HEAVY A TO Z $ 4.00 EA. LOW BIDDER DUTY 3 PRONG AUTO PARTS X 6 = $24.00 64. FLASHER HEAVY A TO Z $ 4.25 EA. LOW BIDDER DUTY 2 PRONG AUTO PARTS X 6 = $25.50 65. FLASHER UNIT MARC $ 20.49 EA. LOW BIDDER WIG-WAG HEADLIGHT INDUSTRIES X 3 = $61.47 POLICE 66. FLASHER ALTERNATING A TO Z $11.25 EA. LOW BIDDER WIG-WAG POLICE AUTO PARTS X 3 = $33.75 67. LIGHT BULB BAR A TO Z $ 3.75 EA. LOW BIDDER POLICE #795 AUTO PARTS X 6 = $22.50 68. LIGHT BULB A TO Z $ .23 EA. LOW BIDDER 2057 WAGNER AUTO PARTS X 12 = $2.76 69. LIGHT BULB A TO Z $ .14 EA. LOW BIDDER 3/2/03 AUTO PARTS X 12 = $1.68 ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 70. LIGHT BULB L & L $ .69 EA. LOW BIDDER 8/21/08 DISTRIBUTORS X 12 = $8.28 71. LIGHT BULB A TO Z $ .35 EA. LOW BiDDER 8/22/08 AUTO PARTS X 12; $4.20 72. LIGHT BULB L & L $ .21 EA. LOW BiDDER 3/1/03 DISTRIBUTORS X 12 -- $2.52 73. LIGHT BULB L & L $ .32 EA. LOW BiDDER 6/24/02 DISTRIBUTORS X 12 = $3.84 74. HANDLE SPOTLIGHT A TO Z $12.25 EA. LOW BIDDER POLICE UNITY AUTO PARTS X 6 = $73.50 75. CIRCUIT BREAKER A TO Z $1.25 EA. LOW BIDDER BR 130 STANDARD AUTO PARTS X 12 = $15.00 76. CIRCUIT BREAKER L & L $1.31 EA. LOW BiDDER 2 POST 54-230 DISTRIBUTORS X 24 = $31.44 77. TOGGLE SWITCH A TO Z $1.70 EA. LOW BIDDER LARGE 2 POST AUTO PARTS X 12 = $20.40 78. TOGGLE SWITCH A TO Z $ 2.00 EA. LOW BiDDER DS-193 STANDARD AUTO PARTS X 6 = $12.00 79. TOGGLE SWITCH A TO Z $1.60 EA. LOW BIDDER SMALL 2 POST AUTO PARTS X 6 = $9.60 80. AIR FILTER MONITOR A TO Z $14.00 EA. LOW BiDDER SP3538 FRAM AUTO PARTS X 6 = $84.00 81. AIR FILTER 5L F 150 A TO Z $ 2.10 EA. LOW BIDDER 42077 AUTO PARTS X 6 = $12.60 82. AIR FILTER 87,91 A TO Z $ 2.15 EA. LOW BiDDER LTD, 4207 AUTO PARTS X 3 = $6.45 83. AIR FILTER A TO Z $ 2.15 EA. LOW BiDDER CHEVY AUTO PARTS X 6 = $12.90 ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 84. AIR FILTER TAURUS A TO Z $ 2.25 EA. LOW BIDDER AERO-STAR AUTO PARTS X 6 = $13.50 85. AIR FILTER A TO Z $ 2.15 EA. LOW BIDDER JIMMY 46040 AUTO PARTS X 4 = $8.60 86. AIR FILTER TEMPO A TO Z $ 2.15 EA. LOW BIDDER 46132 AUTO PARTS X 6 = $12.90 87. AIR FILTER 92 TEMPO A TO Z $ 2.15 EA. LOW BIDDER 46051 AUTO PARTS X 6 = $12.90 88. AIR FILTER V8 FORD A TO Z $ 2.10 EA. LOW BIDDER TRUCK 42116 AUTO PARTS X 6 = $12.60 89. AIR FILTER GMC A TO Z $ 3.50 EA. LOW BIDDER TRUCK 2122 AUTO PARTS X 4 = $14.00 90. AIR FILTER 89,92 A TO Z $ 2.15 EA. LOW BIDDER 93 LTD 46143 AUTO PARTS X 6 = $12.90 91. AIR FILTER A TO Z $ 2.10 EA. LOW BIDDER 4.9L 5L Fl50, F250 AUTO PARTS X 6 = $12.60 92. AIR FILTER A TO Z $ 2.15 EA. LOW BIDDER GM 2BRL 4202 AUTO PARTS X 3 = $6.45 93. AIR FILTER F350 A TO Z $ 3.75 EA. LOW BIDDER TRUCK 2286 AUTO PARTS X 6 = $22.50 94. AIR FILTER 92 F250 A TO Z $ 3.75 EA. LOW BIDDER 7.3L 46255 AUTO PARTS X 6 = $22.50 95. AIR FILTER 90 A TO Z $ 2.05 EA. LOW BIDDER CAPRICE 42098 AUTO PARTS X 2 = $4.10 96. AIR FILTER 94 A TO Z $ 2.10 EA. LOW BIDDER CAPRICE 46153 AUTO PARTS X 6 = $12.60 97. BREATHER AIR A TO Z $ .75 EA. LOW BIDDER FILTER, GM AUTO PARTS X 12 = $9.00 ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 98. BREATHER AIR A TO Z $. 60 EA. LOW BIDDER FILTER, FORD 4298 AUTO PARTS X 6 = $3.60 99. BREATHER AIR A TO Z $1.15 EA. LOW BIDDER FILTER, FORD, F250 AUTO PARTS X 6 = $6.90 100. BREATHER AIR A TO Z $ .75 EA. LOW BIDDER FILTER, FORD 42991 AUTO PARTS X 6 = $4.50 101. BREATHER AIR A TO Z $ .75 EA. LOW BIDDER FILTER 91 LTD AUTO PARTS X 2 = $1.50 102. BREATHER AIR A TO Z $ .30 EA. LOW BIDDER 92 TEMPO AUTO PARTS X 6 = $1.80 103. AIR FILTER A TO Z $ 2.25 EA. LOW BIDDER 96 CAVALIER 2.2L AUTO PARTS X 6 = $13.50 104. AIR FILTER 91 CHEVY A TO Z $ 2.10 EA. LOW BIDDER S-10 CORSICA AUTO PARTS X 4 = $8.40 105. AIR FILTER DIESEL A TO Z $ 4.00 EA. LOW BIDDER TURBO 95 CHEVY AUTO PARTS X 6 = $24.00 106. AIR FILTER 96 A TO Z $ 5.75 EA. LOW BIDDER 3500 CHEVY 5.7L AUTO PARTS X 6 = $34.50 107. AIR FILTER DIESEL A TO Z $ 5.20 EA. LOW BIDDER 96 3500 CHEVY AUTO PARTS X 6 = $31.20 108. FUEL FILTER A TO Z $ .40 EA. LOW BIDDER GM 33044 AUTO PARTS X 4 -- $1.60 109. FUEL FILTER A TO Z $1.75 EA. LOW BIDDER 84 F 250 5.L AUTO PARTS X 2 = $3.50 110. FUEL FILTER 94 A TO Z $ 4.05 EA. LOW BIDDER CAPRICE, 94 BUICK AUTO PARTS X 6 = $24.30 111. FUEL FILTER A TO Z $1.05 EA. LOW BIDDER GM 33054 AUTO PARTS X 6 = $6.30 ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 112. FUEL FILTER A TO Z $ 4.10 EA. LOW BIDDER 96 CAVALIER 2.2L AUTO PARTS X 6 = $24.60 113. FUEL FILTER, SIERRA A TO Z $ 4.50 EA. LOW BIDDER S-10 CAVALIER AUTO PARTS X 6 = $27.00 114. FUEL FILTER A TO Z $1.75 EA. LOW BIDDER 33489 AUTO PARTS X 6 = 10.50 115. FUEL FILTER LTD A TO Z $ .40 EA. LOW BIDDER 5.8L 33083 AUTO PARTS X 4 = $1.60 116. FUEL FILTER 92 F250 A TO Z $ 2.75 EA. LOW BIDDER 5L G3850 AUTO PARTS X 6 = $16.50 117. FUEL FILTER LTD A TO Z $ 3.50 EA. LOW BIDDER LTD 4.6L 5L TEMP AUTO PARTS X 24 -- $84.00 118. FUEL FILTER DIESEL A TO Z $ 9.75 EA. LOW BIDDER 92 F350 AUTO PARTS X 12 = $117.00 119. FUEL FILTER A TO Z $ 3.90 EA. LOW BIDDER JOHN DEERE 33370 AUTO PARTS X 4 = $15.60 120. FUEL FILTER DIESEL A TO Z $ 5.10 EA. LOW BIDDER TURBO 95 CHEVY AUTO PARTS X 6 -- $30.60 121. OIL FILTER 94 A TO Z $1.80 EA. LOW BIDDER CAPRICE JIMMY AUTO PARTS X 30 = $54.00 122. OIL FILTER GM A TO Z $1.80 EA. LOW BIDDER 51045 AUTO PARTS X 4 = $7.20 123. OIL FILTER ESCORT A TO Z $1.80 EA. LOW BIDDER 89,92,93,97 TAURUS AUTO PARTS X 24 -- $43.20 124. OIL FILTER 90 CAPRICE A TO Z $1.80 EA. LOW BIDDER CHEVY 51069 AUTO PARTS X 4 = $7.20 125. OIL FILTER FORD A TO Z $1.80 EA. LOW BIDDER 51515 AUTO PARTS X 36 = $64.80 ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 126. OIL FITLER LTD A TO Z $1.90 EA. LOW BIDDER 92 TEMPO AUTO PARTS X 36 = $68.40 127. OIL FILTER GMC A TO Z $1.10 EA. LOW BIDDER 90 SIERRA 51061 AUTO PARTS X 6 = $6.60 128. OIL FILTER 91 CHEVY A TO Z $1.80 EA. LOW BIDDER S-10 95 CAVALIER AUTO PARTS X 15 = $27.00 129. OIL FITLER 92, 93, A TO Z $1.95 EA. LOW BIDDER 97 LTD 51372 AUTO PARTS X 12 = $23.40 130. OIL FITLER F250 A TO Z $ 3.25 EA. LOW BIDDER 7.3L 51742 AUTO PARTS X 6 = $19.50 131. OIL FILTER JOHN A TO Z $1.80 EA. LOW BIDDER DEERE 2240 51243 AUTO PARTS X 6 = $10.80 132. OIL FILTER DIESEL A TOZ $1.90 EA. LOW BIDDER TURBO 95 CHEVY AUTO PARTS X 6 = $11.40 133. DISPENSER FUEL A TO Z $2.25 EA. LOW BIDDER FILTER EXT UNLEADED AUTO PARTS X 12 = $27.00 134. GREASE SEAL A TO Z $ .75 EA. LOW BIDDER FORD 6815 NATIONAL AUTO PARTS X 6 = $4.50 135. GREASE SEAL A TO Z $. 70 EA. LOW BIDDER 90, 94, CAPRICE CHEVY AUTO PARTS X 6 = $4.20 136. GREASE SEAL A TO Z $ 2.10 EA. LOW BIDDER TEMPO 473677 AUTO PARTS X 6 = $12.60 137. GREASE SEAL 88, 92 A TO Z $ 3.10 EA. LOW BIDDER RAMCHARGER AUTO PARTS X 6 = $18.60 138. POWER STEERING NO AWARD NO BIDS LINE 91 LTD 5.8L RECEIVED 139. IDLER ARM 91 LTD NO AWARD OEM PARTS 92 CROWN VIC ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 140. IDLER ARM 93,97 NO AWARD NO BIDS CROWN VIC 141. IDLER ARM CAPRICE STEVE MOORE $ 61.69 EA. SOLE 26041013 OEM PARTS CHEVROLET X 6 = $370.14 BIDDER 142. DISTRIBUTOR CAP A TO Z $ 9.00 EA. LOW BIDDER 90 CAPRICE AUTO PARTS X 2 = $18.00 143. DISTRIBUTOR CAP A TO Z $ 7.00 EA. LOW BIDDER 89,92 TAURUS 3.OL AUTO PARTS X 6 = $42.00 144. IGNITION ROTOR A TO Z $ 2.00 EA. LOW BIDDER 90 CAPRICE, 5.7L AUTO PARTS X 2 = $4.00 145. IGNITION ROTOR A TO Z $1.75 EA. LOW BIDDER 89,92 3.OL TAURUS AUTO PARTS X 6 = $10.50 146. IGNITION COIL A TO Z $18.00 EA. LOW BIDDER 94 CAPRICE AUTO PARTS X 4 = $72.00 147. IGNITION COIL PACK A TO Z $ 22.00 EA. LOW BIDDER 93 LTD AUTO PARTS X 4 = $88.00 148. SPARK PLUG A TO Z $ .90 EA. LOW BIDDER 93 LTD 4.6L AUTO PARTS X 16 = $14.40 149. SPARK PLUG 91 LTD A TO Z $ .90 EA. LOW BIDDER 5.8L AUTO PARTS X 16 = $14.40 150. SPARK PLUG 90 A TO Z $ .90 EA. LOW BIDDER CAPRICE AUTO PARTS X 16 = $14.40 151. SPARK PLUG 92 A TO Z $ .90 EA. LOW BIDDER LTD AUTO PARTS X 16 = $14.40 152. SPARK PLUG A TO Z $ 3.75 EA. LOW BID 94 CAPRICE AUTO PARTS X 16 = $60.00 INDUST. BID A FORD BRAND ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 153, SPARK PLUG TAURUS MARC $1.23 EA. LOW BIDDER 89, 92 3.L INDUSTRIES X 6 = $7.38 154. SPARK PLUG 93 A TO Z $ .90 EA. LOW BIDDER TAURUS 3.8L AUTO PARTS X 12 = $10.80 155. SPARK PLUG WIRE A TO Z $ 43.00 EA. LOW BIDDER 92, 93 LTD AUTO PARTS X 4 = $172.00 156. SPARK PLUG WIRE A TO Z $ 22.00 EA. LOW BIDDER CAPRICE AUTO PARTS X 2 = $44.00 157. SPARK PLUG WIRES A TO Z $ 45.00 EA. LOW BIDDER 94 5.7L CAPRICE AUTO PARTS X 4 = $180.00 158. SPARK PLUG WIRES A TO Z $18.00 EA. LOW BIDDER TAURUS 89, 92 3.L AUTO PARTS X 4 = $72.00 159. SPARK PLUG WIRES A TO Z $ 20.00 EA. LOW BIDDER TAURUS 93, 3.8L AUTO PARTS X 4 = $80.00 160. STARTER 92, 93 LTD S & H $ 82.50 EA. LOW BIDDER 4.6L DISTRIBUTORS X 2 = $165.00 ELECTRIC SALES -BID A SUBSTITUTE 161. STARTER 90 SIERRA A TO Z $ 35.00 EA. LOW BIDDER 3500 5L AUTO PARTS X 4 = $140.00 ELECTRIC SALES -BID A SUBSTITUTE 162. VOLTAGE REGULATOR A TO Z $16.50 EA. LOW BIDDER FORD GR540B AUTO PARTS X 4 = $66.00 163. VOLTAGE REGULATOR A TO Z $12.50 EA. LOW BDDER CHRYSLER VR125 AUTO PARTS X 2 = $25.00 164. SEALBEAM HALOGEN A TO Z $ 2.75 EA. LOW BIDDER POLICE H4651 AUTO PARTS X 6 = $16.50 165. SEALBEAM HALOGEN A TO Z $ 2.50 EA. LOW BIDDER POLICE H4656 AUTO PARTS X 6 = $15.00 ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 166. SEALBEAM HALOGEN A TO Z $ 4.00 EA. LOW BIDDER POLICE H6054 AUTO PARTS X 6 = $24.00 167. SEALBEAM A TO Z $ 3.00 EA. LOW BIDDER 2/2/12 AUTO PARTS X 6 = $18.00 168. SEALBEAM A TO Z $ 5.00 EA. LOW BIDDER 2/21/12 AUTO PARTS X 6 = $30.00 169. HEADLIGHT BULB A TO Z $ 2.99 EA. LOW BIDDER ASSEMBLY 91,92 AUTO PARTS X 6 = $17.94 TAURUS 170. HEADLIGH BULB A TO Z $1.75 EA. LOW BIDDER ASSEMBLY CAPARICE AUTO PARTS X 12 = $21.00 171. TIRE VALVE A TO Z $1.85 EA. LOW BIDDER S409 AUTO PARTS X 2 = $3.70 172. FIX A FLAT TIRE A TO Z $1.50 EA. LOW BIDDER REPAIR AUTO PARTS X 12 = $18.00 173. TRANSMISSION SVC. A TO Z $ 3.00 EA. LOW BIDDER KIT 91 LTD 5.8L AUTO PARTS X 4 = $12.00 174. TRANSMISSION SVC. A TO Z $ 6.00 EA. LOW BIDDER KIT 90 CAPRICE AUTO PARTS X 4 = $24.00 175. TRANSMISSION SVC. A TO Z $ 7.00 EA. LOW BIDDER KIT 91,92,93 TAURUS AUTO PARTS X 4 = $28.00 176. TRANSMISSION SVC. A TO Z $ 8.00 EA. LOW BIDDER KIT 92,93 LTD 4.6L AUTO PARTS X 4 = $32.00 177. TRANSMISSION SVC. A TO Z $11.00 EA. LOW BIDDER KIT 94 CAPRICE AUTO PARTS X 4 = $44.00 178. WHEEL BEARING A TO Z $ 2.50 EA. LOW BIDDER FRONT OUTER 87, AUTO PARTS X 6 = $15.00 88, 92 RAMCHARGER 179. WIPER ASSEMBLY A TO Z $1.50 EA. LOW BIDDER JIMMY 25-16 AUTO PARTS X 4 = $6.00 ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 180. WIPER ASSEMBLY A TO Z $1.70 EA. LOW BIDDER TEMPO ESCORT AUTO PARTS X 20 = $34.00 181. WIPER ASSEMBLY A TO Z $1.50 EA. LOW BIDDER 225-18 RDB ANCO AUTO PARTS X 40 = $60.00 182. WIPER ASSEMBLY A TO Z $ 2.95 EA. LOW BIDDER 91 TAURUS 31-19 AUTO PARTS X 4 = $11.80 183. WIPER ASSEMBLY A TO Z $1.70 EA. LOW BIDDER 92, 93 LTD, 94 CAPRICE AUTO PARTS X 20 = $34.00 184. WIPER ASSEMBLY A TO Z $ 4.00 EA. LOW BIDDER 97 CROWN VIC 31-22 AUTO PARTS X 20 = $80.00 185. WIPER ASSEMBLY A TO Z $ 2.95 EA. LOW BIDDER 92,93 TAURUS AUTO PARTS X 20 = $59.00 186. RADIATOR COLLANT A TO Z $ 3.00 GAL. LOW BIDDER ANTIFREEZE PEA 1 GAL AUTO PARTS X 24 = $72.00 187. OIL PAN PLUG CHAMP A TO Z $ .70 EA. LOW BIDDER OP 1 AUTO PARTS X 60 = $42.00 188. BLUE-PLUS SILICONE A TO Z $1.30 EA. LOW BIDDER 6B PERMATEX AUTO PARTS X 12 = $15.60 S & H BID A ITEM THAT IS NOT EQUAL TO PERMATEX 189. BATTERY CLEANER A TO Z $1.30 EA. LOW BIDDER SPRAY AUTO PARTS X 6 = $7.80 190. BRAKE PARTS A TO Z $ .95 EA. LOW BIDDER CLEANER SPRAY AUTO PARTS X 48 = $45.60 191. CARBURETOR A TO Z $ .90 EA. LOW BIDDER CLEANER SPRAY AUTO PARTS X 24 = $21.60 192. LIGHT BAR LENS A TO Z $ 4.30 EA. LOW BIDDER POLISH AUTO PARTS X 6 = $25.80 ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 193. DISC BRAKE QUITE A TO Z $ 2.30 EA. LOW BIDDER SPRAY BQ-12 AUTO PARTS X 12 = $27.60 194. BATTERY PROTECTOR A TO Z $1.50 EA. LOW BIDDER SPRAY AUTO PARTS X 6 = $9.00 195. TRANSMISSION FLUID A TO Z $ .95 EA. LOW BIDDER MERCON-DEXTRON AUTO PARTS X 48 = $45.60 196. SILICONE SEALANT A TO Z $1.50 EA. LOW BIDDER CLEAR MASTER 9-1 AUTO PARTS X 48 -- $72.00 197. SILICONE SEALANT A TO Z $1.25 EA. LOW BIDDER CLEAR SPRAY M9-14 AUTO PARTS X 12 = $15.00 198. STARTING FLUID A TO Z $ .75 CAN LOW BIDDER SILOO AUTO PARTS X 6 = $4.50 199. WEATHERSTRIP A TO Z $1.95 TUBE LOW BIDDER ADHESIVE AUTO PARTS X 6 = $11.70 200. WINDSHIELD WASHER A TO Z $ .78 GAL. LOW BIDDER SOLVENT WASH AUTO PARTS X 48 = $37.44 201. BRAKE FLUID A TO Z $ .65 PINT LOW BIDDER QUAKER STATE AUTO PARTS X 6 = $3.90 202. POWER STEERING A TO Z $ .75 EA. LOW BIDDER FLUID AUTO PARTS X 12 = $9.00 203. CARBURETOR TUNE- A TO Z $1.75 EA. LOW BIDDER UP CONDITIONER AUTO PARTS X 12 = $21.00 204. GREASE CARTRIDGE A TO Z $ .80 EA. LOW BIDDER CRC AUTO PARTS X 50 = $40.00 205. GREASE WHITE A TO Z $1.40 CAN LOW BIDDER LITHIUM SPRAY AUTO PARTS X 6 = $8.40 206. LUBRICANT SPRAY A TO Z $1.20 EA. LOW BIDDER CRC 05005 AUTO PARTS X 48 = $57.60 ITEM AWARDED UNIT # DESCRIPTION VENDOR PRICE COMMENTS 207. OIL DRY 40 LB. A TO Z $ 2.50 BAG LOW BIDDER BAG DURA-SORB AUTO PARTS X 12 = $30.00 208. CLEANER, HAND A TO Z $ 5.00 CAN LOW BIDDER GO-JO 4.5 LB. CAN AUTO PARTS X 36 = $180.00 209. PAINT GLOSS WHITE A TO Z $ 5.85 CAN LOW BIDDER RUST-OLEUM 2192 AUTO PARTS X 24 = $140.40 210. PAINT GLOSS BLACK A TO Z $ 5.85 CAN LOW BIDDER RUST-OLEUM 2179 AUTO PARTS X 24 = $140.40 211. PAINT GLOSS PRIMER A TO Z $ 5.85 CAN LOW BIDDER RUST-OLEUM 2182 AUTO PARTS X 24 = $140.40 212. DUCT TAPE 2 INCH A TO Z $ 3.40 ROLL LOW BIDDER 260 YARDS TAPE-IT AUTO PARTS X 72 = $244.80 VENDOR: EST. ANNUAL AMOUNT: A TO Z AUTO PARTS $12,210.76 L & L DISTRIBUTORS $ 1,306.48 MARC INDUSTRIES $ 271.62 S & H DISTRIBUTORS $ 166.54 STEEVE MOORE CHEVROLET $ 370.14 GRAND TOTAL ESTIMATED ANNUAL USAGE FOR CITY OF DELRAY BEACH $14,325.54 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~'~CITY Mg2Xl'AGER SUBJECT: AGENDA ITEM 7~ - REGULAR MEETING OF MARCH 16, 1999 ATTENDANCE AT METROPOLITAN PLANNING ORGANIZATION REGULAR MEETING DATE: MARCH 12, 1999 Attached is an excerpt from the February 2nd minutes, under City Commission comments, where Commissioner Ellingsworth notified the Commission that he would not be able to attend the March 18th regular meeting of the Metropolitan Planning Organization. As the City has had perfect attendance over the past six years, he asked that a replacement be appointed to attend the meeting. Commissioner Randolph, the City's alternate representative, indicated that he might be able to attend the meeting but was not entirely sure. Therefore, to follow up on Commissioner Ellingsworth's request, this item is on the agenda to insure City representation at the MPO meeting. Recommend Commission consideration. ref:agmemol9 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Ellingsworth reported that Mr. Leo Noble gave a presentation on the school concurrency issue at yester- day's Intergovernmental Coordinating Council meeting, and sug- gested that Mr. Noble be scheduled for an agenda in the near future to give his report to the City Commission. The City Manager stated that Mr. Noble is scheduled for the February 9th workshop meeting. Mr. Ellingsworth then reported he had received a copy of the FDOT's 5-Year Plan, and Delray Beach has been funded for two big items. The $376,000 enhancement funds the City applied for for sidewalks is included in the plan, as is $500,000 for beautification on West Atlantic Avenue. Mr. Ellingsworth submit- ted the plan for review. Lastly, Mr. Ellingsworth stated the City has had perfect attendance over the past six years at Metropolitan Planning Organization (MPO) meetings. However, the March meeting is scheduled for Thursday, March 18th, and he will not be able to attend. Mr. Ellingsworth suggested the Commission appoint a replacement for him at the March 16th regular meeting so that individual could attend the March 18t~ meeting unless Mr. Ran- dolph is able to attend on the City's behalf. Mr. Randolph indicated that he could probably attend the MPO's March 18th meeting in place of Mr. Ellingsworth. 13.C.4. Commissioner Randolph reiterated his concerns about the problem of traffic speeding through residential neighborhoods. Right now there is very little, if any, enforcement and it is a problem that needs to be addressed even if it means purchasing surveillance equipment, more radar or what not. He feels that the Police Department needs to come down hard on these speeders because as it stands right now most of them think they can get away with it. Mr. Randolph strongly urged that something be done in this regard before a tragedy occurs. 13.C.5. Mayor Alperin had no comments or inquiries. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 4-99 (IN LIEU OF PARKING REGULATIONS): An ordinance amending LDR Section 4.6.9(E), "Location of Parking Spaces", to provide for revised in lieu of parking regulations. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. -15- 2/02/99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ REGULAR MEETING OF MARCH 16, 1999 APPOINTMENT TO THE BOARD OF ADJUSTMENT DATE: MARCH 9, 1999 There is a vacancy on the Board of Adjustment for an alternate member to fill an unexpired term ending August 31, 1999. 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. The following have submitted applications for consideration: Bernard Federgreen Leo Koppman Cheryl Lee-Bennett Benjamin F. Ricker III Kevin Warner Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Randolph (Seat #4). Recommend appointment of an alternate member to the Board of Adjustment to fill an unexpired term ending August 31, 1999. ref:agmemo3 BOARD MEMBER APPLICATION Please v/pc or print the following information: , . 2. ~ome Ci ....... ~. ~gd Residence Ci~ ~ Slale Zip Code -4. ~ml~ B~ Ad&ess: ' Ci~ ...... State Zip Cod~ 7~ist allCi~ ~ds on whic~ you a~ c~enlly Se~ing or gavo previously s~ed: (Please include dntes) 9. 'Litt an~relat~ p~ssiona] ~nificntions ~d licenso which you hold: ' ~i~e ~ou~nt, or mo~cent'~ploye~n~ position~ , "' I hereby ~i~ that ail the~ve state~en~ &re true, a~d lI agree and unde~Mnd' that any Il misstatement of material ~conMined in this appli~tlon may ~use ~ffe/tu~ upon my pa~ of O~ · was submi~ed. It ~11 ~ ~e applic~Cs ~s~ibili~ to ens~ tha~ a cu~M ~pplica~ion is on file. TOO ol'.l 8T:~TT 66' 20 ue£ ,.-';L~T-~_~,.--ZOIT-T:-131 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF MARCH 16, 1999 REQUEST FOR REAPPOINTMENT TO PARKING MANAGEMENT ADVISORY BOARD DATE: MARCH 12, 1999 Pursuant to our ordinance (Chapter 32 of the City Code), Monty Helm was notified of his removal from the Parking Management Advisory Board for having been absent from three consecutive regular meetings. Also pursuant to the code at Section 32.20, "Reappointment", copy attached, Mr. Helm has requested reappointment to the board. A copy of his letter dated March 1, 1999, is attached. Mr. Helm was one of the original appointees to the Parking Management Advisory Board, having been appointed on January 20, 1998, as the business owner/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway. He was appointed by Mr. Randolph for a two year term ending January, 2000. If the Commission wishes to reappoint Mr. Helm to the Parking Management Advisory Board, the appointment will be to fill the remainder of his original term. Recommend Commission consideration. ref:agmemo21 I00 NV/1st Aven~ Delray Be. aah, 1~ $~.~.~. Dear Mayor AI~ and City On Fe~rt~'y 8, 1~ I ~.eived. a.lelIe~,ft'om ~ Manage~ David Harden. t'egatding my For ~h~ November 24th n~.tlng, I was, tndee& out. of .town. The December 26, 1999 ~ beeau~ Iltad th~'fln. "'- I am curnmtly woddng ena project in Loutsv~, KY which .takes me out of town advance and I always leav~ the last Tuesday.of the' month out of my travel plans so that I can allend park/rig meet/ngs. I would, fly out cn Wednesday zath~., thnn Monday.. I have all of my ticket stubs, for the whole year to show Rmt I scheduled all of my trips' meet~ dates than any beanl,, business or otherwise, to which I have belcuged. Most Boat~ for th~...teascn I have shown. Most Reapecffully, Mcnty Helm [lTV [IELR V BEIt£H DELRAY BEACH 100 N,W. 15t AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmeficaCity 1993 February 3, 1999 Monty Helm 1221 Harbor Drive Delray Beach, Florida 33483 Re: Notice of Removal from the Parking Management Advisory Board Dear Mr. Helm: A review of the attendance records for the Parking Management Advisory Board indicates you have been absent for three consecutive regular meetings. Pursuant to Ordinance No. 19-95, enacted April 4, 1995, failure to attend three (3) consecutive regular meetings is defined as abandonment of office and requires automatic removal from the committee effective immediately. Enclosed is a copy of the above ordinance for your review. Please note that you may request reappointment to the Board at any time. If you wish to be so considered, please forward your request to the City Manager and your name will be included with other potential appointees when the City Commission fills the vacant position. Your past service on the Parking Management Advisory Board is greatly appreciated. Sincerely, David T. Harden City Manager DTH/pw Enclosures cc: Commissioner Randolph Robert Barcinski, Assistant City Manager Alison MacGregor Harty, City Clerk Janet Onnen, Chat. rperson THE EFFORT ALWAYS ~'IATTERS Section 32.20 Section 32.20 REAPPOINTMENT. Nothing contained herein shall prevent the City Commission from reappointing the city board, committee or commission member to fill the unexpired portion of the term if, upon good cause shown to the City Commission, that member has requested and demonstrated good cause for such reappointment. (Or4. No. 19-95, passed 4/4/95) III.12.3 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - MARCH 16, 1999 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM The Regular Agenda is amended by adding the following: 9.0. Impacts of Blue Lake Development on Delra¥ Beach: Consider objecting to the intensity of the Blue Lake DRI (former IBM site in Boca Raton, south of Yamato Road between Military Trail and 1-95) based upon the recommendations of the Planning and Zoning Board. 9.P. Final Results of Municipal Election/Co,,,~ssion Seat ~3: Canvass the final returns and declare the results of the municipal election held March 9, 1999, for City Commission Seat #3, as certified by the Supervisor of Elections for Palm Beach County pursuant to the manual recount of ballots conducted on March 15, 1999. Also, a revised memorandum concerning Item 9.E.l., Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment with Tenet Healthcare Corporation, is included for review. ***************************************************************** 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. ref:ADDENDUM FROM: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTO SUBJECT: MEETING OF MARCH 16, 1999 IMPACTS OF BLUE LAKE DEVELOPMENT ON DELRAY BEACH DATE: MARCH 16, 1999 General Project Description The Blue Lake Development of Regional Impact (DRI) is located on the site of the former IBM research and development headquarters south of Yamato Road, east of Military Trail, and west of 1-95 in the City of Boca Raton (see attached map). The site is approximately 570 acres in size. Currently there is a total of 374,775 square feet of office development and 1,408,466 industrial square footage. The proposed Blue Lake project will be completed in four phases with buildout in the year 2014. At buildout the project will consist of a total of 3.9 million square feet of office, 1.6 million square feet of industrial development, approximately 550,000 square feet of retail development, and 600 hotel reoms. Some of this square footage is already vested; the amount of new development that will be added with the approval of the Blue Lake DRI is approximately 4.5 million square feet of non-residential space, and 600 hotel rooms. Proiect Impacts on Delray Beach The former IBM headquarters at one time housed 10,000 employees. It is estimated that the Blue Lake development will at buildout have an employee base of approximately 17,000. As with IBM, many of those jobs will be held by Delray residents, which will have a positive economic impact on the City. One down side of the development is its traffic impact. After finding the applicant's traffic analysis to be insufficient, the Florida Department of Transportation (FDOT) prepared its own analysis of the project's traffic impacts on the region. As a result of the analysis, FDOT and the Treasure Coast Regional Planning Council recommended numerous conditions of approval that involve road widenings, a possible interchange at Yamato Road and the Turnpike, and intersection modifications, as well as measures to promote ridesharing and transit use. In terms of the traffic impacts on Delray Beach, the TCRPC recommends that permits for development of the site subsequent to December 31, 2004 be conditioned upon the widening of Military Trail from six to eight lanes from Clint Moore Road to Atlantic Avenue, including a fourth northbound/southbound through-lane at Military Trail's intersections with Atlantic Avenue and Linton Boulevard. The condition includes an "out" to this requirement if future traffic counts show that the trips on the roadway segments do not exceed adopted level of service volumes. It is noted that there are indications that even without the Blue Lake DRI, Military Trail in this area will fail level of service standards by the year 2009. Military Trail in Delray Beach was recently widened to six lanes from Atlantic Avenue south to the City limits. This was accomplished within the existing 120' right-of-way. To add two more lanes to the road may require additional right-of-way and could significantly change the functionality and appearance of numerous adjacent residential areas and commercial centers. There are currently no 8-lane divided roadways within the City limits. The Boca Raton Town Council will hold a hearing on the Blue Lake DRI on Tuesday, March 23rd, after which it will be transmitted to the State Department of Community Affairs, along with the recommended conditions of approval. The Planning and Zoning Board considered this item at its meeting of March 15, 1999. The Board felt very strongly that Military Trail should not be widened to eight lanes, nor should its level of service be significantly degraded by Blue Lake. They felt that the Blue Lake developers should be required to take additional measures to reduce the number of trips generated by the development, perhaps by changing the mix of uses to include a residential component. They recommended that the City object to the intensity of the Blue Lake DRI because of its traffic impacts on the City, particularly with respect to Military Trail. 1. Object to the proposed intensity of the Blue Lake DRI based upon the recommendations of the Planning and Zoning Board. 2. Continue the item to a later meeting, and request that a representative from Blue Lake attend to address the concerns. 3. Decline to object to the Blue Lake DRI. Alternative I or 2 above. Attachment: Project Location Map BLUE LAKE DRI Boca Raton, Florida CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA RE--MEETING - MARCH 16, 1999 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM The Regular Agenda is amended by adding the following: 9.0. Impacts of Blue Lake Development on Delray Beach: Consider objecting to the intensity of the Blue Lake DRI (former IBM site in Boca Raton, south of Yamato Road between Military Trail and 1-95) based upon the recommendations of the Planning and Zoning Board. 9.P. Final Results of Municipal Election/C ..o~mission Seat #3: Canvass the final returns and declare the results of the municipal election held March 9, 1999, for City Commission Seat #3, as certified by the Supervisor of Elections for Palm Beach County pursuant to the manual recount of ballots conducted on March 15, 1999. Also, a revised memorandum concerning Item 9.E.I., Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment with Tenet Healthcare Corporation, is included for review. ***************************************************************** 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. ref:ADDENDUM MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager~ SUBJECT: Final Results of Municipal Elect~on/Commission Seat ~3 DATE: March 16, 1999 Presented for your review are the final results of the municipal election held March 9, 1999, for City Commission Seat #3, as certified by the Supervisor of Elections for Palm Beach County pursuant to the manual recount of ballots conducted on March 15, 1999. The results are: COMMISSION MEMBER/SEAT ~3: Barbara D. Brown 3,243 Regular + 60 Absentee = 3,303 Total Votes Michael Wright 3,228 Regular + 78 Absentee = 3,304 Total Votes MOTION: Approve the total votes for each candidate for Commission Member/Seat #3, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results, that Michael Wright is elected as Commission Member/Seat #3, for a two (2) year term commencing on the 25th day of March, 1999, and ending in accordance with the City Charter. AMH/m Attachment -I.IA~.'--16--1~- 9 1~: 06 FE'0H PB~2 EI.IP 0~ ELE~CT 101 t$ TO " CI~ OF p~Y B~ACH M~NICIPAL ELEOTION ~CH 9. 1999 E~ULTS OF M~UAL RECOU~ HELD ON ~cH 15. 1999 COMMISSION :MEMBER - S~T ~3 ' BARBA~ D. BROWN ~- 3.303 MICHAEL WRIGHT - -- 3.304 ~ : VOTES CA~Y ..... VO~S CAS~ U~E~VOTES OVE~Vb~S PREC. C~HD. B~ : NR CkHp. BIR ~ BR ~ ~ B~ NR 1~ BROWN 73 73 ~IGHT 215 215' 10 10 4 4 166-A BROWN 25 25 ~IGHT ee 99 3 ' 3 I 1 168-B BRO~ 156 1~ ~IGHT 108 10S, 16~C BRO~ 81 81 WRIGHT 121 121 16 ~ 16 2 2 1~0 BROWN 32 32 WRIGHT 78 78 ~. : 3 2 2 171 BROWN 163 163 WRIGHT 383 383 12 ' 12 4 4 171-A BROWN 517 518 ~IGHT 277 27.8 25 23 , 10 171-B BROWN 122 122 WRIGHT 9 . . ,~ 2 171-C BROWN '' 95 95 ~I~HT 35 35 ,,, 171-D BROWN 0 ,q ~1G~ 0 0 0 q 0 0 172 BROWN ~2 3~ ~IG~ 10 10 11 · '17~A' BROWN I I WRIGHT 2. 2 0 0 ,0 ~ .. 0 ~72-B BROWN I I ~IG~ 2 2 0 ;, , 0 0 ,; 0 172-C BROWN 0 0 WRIGHT 3 3 0 ,,, 0 0 0 172-D BROWN 0 0 WRIGHT 0 0 0 ~ . 0 0 ' 173 BROWN 2~5 27~ .WRIGHT 7 ~ 7 4 3 174 BROWN 207 207 WRIGHT., 270 270 30" 30 4 4 17~A BROWN 148 148 WRIG~ 117' 117 lp ~ 10 4 4 17~B BROWN 25 25 WRIG~ 14 14 3 3 2 2 ~74-C BROWN ~2~ ~23 ~GHT ~32 ~=2 ~7 '~7 2 2 175 BROWN 211 ..~11 WRIG~ 29 29 8 , 8 3 3 17~A BROWN 6 6 WRIG~ S 9 0 i 76 BROWN 57 57 ~1GHT ~ ~ 4 4 I .1. 17~A BROWN 118 11~ '~RIGHT' ~71 .. 27~ 23 22 17~B ~ROWN ~ ~ ~IGHT 135 135 ,9 9 0 0 177 BROWN _ ~ , , 0 WRIGHT 0 0 0 · 0 0 0 178 BRO~ ~ 84 ~I~HT 93 93 6 : 6 I 1 178-A BROWN 32 32 ~IGHT 32 32 6 6 I 1 '179 BROWN 112 112 WRIGHT 163 1~ '19 18 5 189' BROWN 53 53 WRIGHT, 2~ 254 ~ 0 '~ 0 0 . ,.0 190 BROWN ,., 95, ,. 95 WRIGHT 323 324 11 10 ~ 8 A-004 BROWN 60 60 WR~,GHT 76 76 9 9 0 0 CERTIFICAI~. OF COUNTY CANVASSING BOARD STATE OF FLOFUDA COUNTY OF PALM BEACH We, the undersigned. ~HERESA LePORE. Supervisor of Elections. end NANCY PER~7~ County Court Juclge~ constituting the Board of County Canvassem in and fc~r ~id County. do hereby certify that we mat in the Office of the SuperviSor of lEad. ions off the 15th day of March. 194~,9. tnd proceede~ to publicly hand cou~lt the voted ballot cards for the City of Delray Be~ch MuniCipal Election held on Tue~:lay. March 9, 1999. and d6 h~reby oeftify the fore~loing Elation ~ate sigr~d- I - : PEREZ Date Signed SUPERVISOR OF ELECTIONS 114ERESA LePORE TOTAL P.O1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGER~'~.__a SUBJECT: AGENDA ITEM /~ ~ - REGULAR MEETING OF MARCH 16, 1999 ORDINANCE NO. 11-99 (REZONING FOR PROPERTY LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD) DATE: MARCH 12, 1999 This is second reading and a quasi-judicial public hearing for Ordinance No. 11-99 which rezones a 1.415 acre parcel of land from A (Agricultural) to RM-8 (Medium Density Residential/ 8 units per acre). The subject property is located on the north side of Old Germantown Road, immediately east of the Spanish Wells Condominium. In February, 1997, the owner of the property requested rezoning from Agricultural to RM to construct 17 townhomes at a density of 12 units per acre. The Planning and Zoning Board recommended the rezoning be approved with a density suffix of 8 units per acre, which would have permitted a maximum of 11 units. The applicant subsequently withdrew the rezoning application. The new owner of the property is requesting rezoning from A to RM in order to construct an 11 unit townhouse development (11 units per acre). Additional background and an analysis of the request are included in the attached Planning and Zoning Board staff report. The Planning and Zoning Board considered the rezoning request at a public hearing on February 22, 1999. Mr. Bruce Steinhardt, President of Rabbit Hollowe Homeowners Association, voiced concerns regarding density and compatibility with surrounding residential uses, traffic, aesthetics and landscaping. The applicant's agent stated that the proposed development will be upscale, consisting of 2,000 sq.ft, units (mostly 3 bedrooms) with garages. The Board felt the request was reasonable and voted unanimously to recommend approval of the rezoning to RM, subject to a density suffix of 8 units per acre. At first reading on March 2, 1999, the Commission passed the ordinance with a 4 to 0 vote. Recommend approval of Ordinance No. 11-99 rezoning the subject property to RM-8, based upon the findings and recommendation of the Planning and Zoning Board. ref:agmemol5 ~ ~--O ORDINANCE NO. 11-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED A (AGRICULTURAL) DISTRICT IN THE RM-8 (MEDIUM DENSITY RESIDENTIAL/8 UNITS PER ACRE) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, IMMEDIATELY EAST OF SPANISH WELLS CONDOMINIUM, AS THE SAME IS MORE PARTICUIJLRLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned A (Agricultural) District; and WHEREAS, at its meeting of February 22, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered an application for rezoning at a public hearing and voted unanimously to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of RM-8 (Medium Density Residential/8 units per acre) District for the following described property: That part of the West 1/2 of the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 25, Township 46 South, Range 42 East, lying North of the North right-of-way line of Germantown Road (now Old Germantown Road), County of Palm Beach, Florida. The subject property is located on the north side of Old Germantown Road, immediately east of Spanish Wells Condominium; containing 1.415 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. 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 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ~OPTED in regular session on Second and final reading on this the 16th day of March _ ~, 1999. ATTEST: ~ City C~rk' - First Reading March 2, 1999 Second Reading March 16, 1999 - 2 - Ord. No. 11-99 LAKESI LAKEVlEW CONDO  CIRCLE LIN TC N BOULEVARD ~~ ~ SUM IT [ N~ WINTER REZONING ~ ~ BELfrY BE~6H, FL FROM: A (~gfiCultu~i) TO: RM (MEDIUM BENSI~ RESIBENTI~) PLANNIN~ ~ Z~INO DEPAR~ENT --- ~IT~ ~E ~ S~TEM -- MAP REF: LMm21 PLANNING AND ZONING BOARD'- CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: February 22, 1999 AGENDA ITEM: V.B. ITEM: Re. zoning from A (Agricultural) to RM (Medium Density Residential) for a parcel of land located on the north side of Old Germantown Road, east of the Spanish Wells Condominium. GENERAL DATA: Owners .......................................... Bruce Winter & Connie Araps Applicant ........................................ Bruce Winter Agent ............................................. Ron Lasota Location ......................................... North side of Old Germantown Road, east of Spanish Wells Condominium Property Size ................................. 1.415 Acres Future Land Use Map .................... Medium Density (5-12 d.u./ac) Current Zoning .............................. A (Agricultural) Proposed Zoning ........................... RM (Medium Density Residential) Adjacent Zoning ................... North: RM Fast: A South: A & R-l-AAA (Single Family Residential) V',~3_st: RM Existing Land Use ......................... One-story single family residence. Proposed Land Use ....................... Rezoning to RM to accommodate the construction of an 11-unit townhouse development with associated parking and landscaping. Water Service ................................ Available via a connection to an existing 12" water main along Old Germantown Road. Sewer Service ............................... Available via a connection to an existing 4" force main along Old Germantown Road. The action before the Board is making a recommendation on a rezoning request from A (Agricultural) to RM (Multiple Family Residential - Medium Density). The subject property is located on the north side of Germantown Road, approximately 1,240 feet west of Homewood Boulevard. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The subject property is an unplatted 1.415 acre parcel of land containing an existing single family home. The site was annexed into the City in 1988 with initial zoning of ART (Agricultural Residential Transitional). The ART was applied as a holding zone for properties annexed to the City to allow existing agricultural uses to continue. With the citywide rezonings and adoption of the Land Development Regulations in October, 1990, the property was rezoned to A (Agriculture). At its meeting of April 14, 1997, the Planning and Zoning Board held a public hearing in conjunction with the review of a request to rezone the property from A to RM (Multiple Family Residential- Medium Density) in order to construct 17 townhomes. Public testimony was taken and concerns were expressed with respect to the requested density, traffic congestion, aesthetics, and landscaping. Subsequently, the Board recommended that the rezoning be approved with a density suffix of 8 units per acre, thereby permitting a maximum of 11 units. On May 20, 1997, the City Commission passed the ordinance on first reading by unanimous vote for the purpose of scheduling the formal public hearing. However, prior to the second reading, the applicant elected to withdraw the application. A rezoning request has been submitted by the new owner of the property for the same zoning classification (RM) which is now before the Board for action. The proposal is to rezone the subject parcel from A to RM. The rezoning is being requested in order to construct 11 townhouse units, which equates to a density of 8 units per acre. P&Z Staff Report Rezoning_.f?m A to RM (Winter Rezoning) -" Page 2 REQUIRED FINDINGS (CHAPTER 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use Map designation for the subject property is MD (Medium Density Residential, 5-12 du/ac). The requested rezoning change is from A to RM. The proposed zoning designation of RM is consistent with the Medium Density Residential Future Land Use Map designation. Pursuant to LDR Section 4.4.6(B) single and multiple family developments are permitted within the RM zone district. Thus, a positive finding can be made with respect to Future Land Use Map consistency. 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 the levels of service established within the Comprehensive Plan. Streets and Traffic: A traffic impact study was submitted with the request. The existing use of the property is one single family home, which generates 10 ADT (Average Daily Trips). The maximum number of units under the proposed RM designation is 16, which would generate 112 ADT (7 trips x 16 attached residential housing units). Thus, there is a net potential increase of 102 ADT with the rezoning. If the property is developed as proposed, with 11 units, 77 ADT will be generated. Water and Sewer: Water service is available to the site via a 12" main located in Germantown Road. The City's Sewer Atlas indicates the nearest sewer facility is an 8" sewer main located within the Spanish Wells condo.minium north and west of the site. P&Z Staff Report Rezoning from A to RM (Winter Rezoning) Page 3 Submittal of engineering plans addressing provision of water and sewer services will be further addressed with the site plan process. The rezoning from A to RM will generate an increase in water and sewer demands, however, there is adequate capacity at the existing water and sewage treatment facilities to handle those demands. Also, the Comprehensive Plan states that adequate water and sewer capacity exists to meet the adopted LOS (Level of Service) at the City's buildout population based on the current MD Future Land Use Map designation. Parks and Recreation: The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that the City meets the adopted level of service for parks and recreation facilities for the ultimate build-out population of the City. Thus, a positive finding can be made to this level of service. In addition, pursuant to LDR Section 5.3.2(C)(1), whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Solid Waste: The proposed 11 unit townhouse development will generate 8.8 tons (11 units x .8 tons) of solid waste per year. The existing single family home generates 1.99 tons of solid waste per year. The maximum development potential of 16 units would generate 12.8 tons per year. The proposed townhouse project would result in an increase in solid waste generation, however, capacity exists to handle the increase. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and P&Z Staff Report Rezoning from A to RM (Winter Rezoning) Page 4 proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Provided below is a listing of uses and zoning designations surrounding the subject parcel: South Oakmont Subdivision R-l-AAA South Rabbit Hollowe Subdivision - R'I,AAA ~ South VerOna Woods Subdivision 'i' R-l-AAA North/West Spanish Wells-COhdominiums~-~:,~ ~i!;?ii'RM(8 dU/ac) East Summit PrOperties Apartments - -~; .... ~PRD (17.7 du/ac) East Single Family ResidenCe, Nursery A The 11 unit townhouse development is proposed at 8 du/ac, which is less than the maximum allowed density under the RM designation. The RM zone district provides a residential district with flexible densities having a base of six (6) units per acre and a range to twelve (12) units per acre. Pursuant to LDR Section 4.4.6(H) density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with the performance standards of LDR Section 4.4.6(I). The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map. To assure maximum compatibility with adjacent densities, the Board may want to apply a suffix to the zoning designation to a density similar to that of Spanish Wells (8 units per acre) which directly abuts this development to the west and north. Section 2.4.5(D)($) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning change fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a) That the rezoning had previously been changed, or was originally established in error; b) That there has been a change in circumstances which make the current zoning inappropriate; P&Z Staff Report Rezoning from A to RM (Winter Rezoning) . Page 5 ..' c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant submitted a justification statement as a part of the rezoning application. The statement indicates that the applicable mason is "c". The justification statement is summarized below: The Agricultural Zone District (A) serves as a holding zone designation. At this time the property owner desires a zoning compatible with the land use of multifamily residential. The change to RM from A would also create a more compatible zoning with adjacent properties. Comment: This justification is correct, as agricultural uses am not envisioned for the long term on this property, given the surrounding housing developments. The underlying land use allows for a zoning designation that will accommodate a multiple family residential use, which is consistent with the development pattern to the north, east, and west of the site. The requested zoning is consistent with the Future Land Use Map designation (Medium Density Residential), however, as previously stated compatibility concerns are noted if density were established at the maximum density of 12 units per acre. The proposal calls for construction of 11 units at a density of 8 du/ac. Application of a density suffix may be appropriate to ensure compatible future development of the site. COMPREHENSIVE PLAN A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following policies are noted. Future Land Use Element Policy A-1.1 (Medium Density Residential) This designation is applied to land which...is to be developed, at a density of five to twelve units per acre. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. The proposed housing type, townhouse units, is consistent in terms of surrounding residential properties, which consist of single family residences, apartments and condominiums: P&Z Staff Report Rezoning from A to RM (W~nter Rezoning)_. Page 6 ..' Spanish Wells Condominium: 8 du/ac. Oakmont Subdivision: 2.35 du/ac. Rabbit Hollowe Subdivision: 1.23 du/ac. Verona Woods Subdivision: 2.35 du/ac. Crosswinds Planned Residential Development (overall): 9.95 du/ac. Crosswinds Subdivision: 4.14 du/ac. Summit Properties Apartments: 17.7 du/ac. Crosswinds Condominiums: 8 du/ac. The proposed density of 8 units per acre is in keeping with the housing densities in the area. Housing Objective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile. The property is surrounded by the Spanish Wells condominium development to the north and west. single family residences to the south, and an apartment complex and single family home to the east. The proposed project calls for townhouse units which do not exist within the surrounding developments, and thus will achieve the above listed objective by providing a variety of housing types in the immediate area. This item will be addressed with the site plan submittal. Compliance with Land Development Regulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No site plan has bccn submitted for this proposal. While the requirements of the Land Development Regulations will be reviewed at site plan, the following comments are prov~cied. LDR Section 4.3.3(0) Townhouse and Townhouse Type of Development: The setback and design requirements for this townhouse development will be addressed at the time of site plan review. Also, per LDR Section 4.3.3(0)(2), each townhouse, or townhouse type, development shall be platted with a P&Z Staff Report Rezoning from A to RM (Winter Rezoning) " Page T' minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each such unit must be shown on the plat. LDR Section 4.4.6(H)(1) Special Regulations (Density): A minimum density of six units per acre is established for duplex and multiple family housing projects within this district. Density may exceed the base of six units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.6(I). In no event shall a development's total density exceed 12 units per acre. The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map. Staff recommends that a suffix of 8 units per acre be applied to this property. LDR Section 4.4.6(I) Performance Standards: 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 project meets the standards will determine the number of units per acre that will be permitted. The performance standards used to evaluate multifamily developments pertain to traffic circulation, building design and layout, streetscape and landscaping, and open space. Given the size of the subject parcel and the type of development proposed, some of the standards may not be applicable. These performance standards will be reviewed at site plan. I ! The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Special courtesy notices have been sent to: P&Z Staff Report Rezoning from A to RM (~Yinter Rezoning) Page 8 El Oakmont Homeowners Association El Crosswinds Homeowners Association El Foxe Chase Homeowners Association El Andover Homeowners Association El Rabbit Hollowe Homeowners Association El Spanish Wells Condo Association El Progressive Residents of Delray El United Property Owners 12:1 Presidents Council Letters of objection, if ar~y, will be presented at the P & Z Board meeting. The proposed rezonin9 of the subject property to RM is consistent with the property's Future Land Use Map designation of Medium Density Residential (5- 12 du/ac). The proposal is to construct 11 townhouse units (8 du/ac), which is under the maximum allowed density under the RM district (12 du/ac). To ensure compatibility with adjacent residential uses it is recommended that a density suffix of 8 units per acre, similar to the density of the abutting Spanish Wells condominium development, be applied to this property. If the rezoning is approved, a site plan, landscape plan, and engineering plans consistent with the requirements of the La~d Development Regulations will be submitted for review by staff, and considera'~on by the Site Plan Review and Appearance Board. With the application of a density suffix the required positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, the performance standards of Section 3.3.2, and policies of the Comprehensive Plan can be made. Based on the above, the proposed rezoning of the subject property to RM with a density of 8 du/ac is recommended for approval. A. Continue with direc~:~n. B. Recommend rezoning of the property from A to RM based on positive findings with respe...-'t to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive Plan policies. P&Z Staff Report Rezoning from A to RM ('Winter Rezoning) Page 9 C. Recommend rezoning of the property from A to RM-8, based on positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive Plan policies. D. Recommend denial of a rezoning, based on a failure to make positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive Plan policies. Recommend approval of the rezoning request from A (Agricultural) to RM (Multiple Family Residential - Medium Density), with a density suffix of 8 units per acre, based upon positive findings with respect to 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: Location Map · Zoning Map · Survey F~bbit Hollowe Homeowners Association .... '~:~' ~.'r,,-"-'-:':':~i' ~ ~ 2140 Rabbit Hollowe Circle ; il "~:" .' ~ ............. Delray Beach, FL 33445 February 23,1999 Honorable Mayor and City Commissioners City of Delray Beach 100 NW 1' Avenue Delray Beach, FL 33444 Subject:: Winter Application for Rezoning, North Side of Old Germantown P~ad Gentlemen: The Rabbit Hollowe Homeowners' Association (RHHOA) is a 35 member association of private dwellings whose entrance and property is directly across Old Germantown Road (on the south side) from the parcel which the applicant seeks to rezone. The requested change is from Agricultural to Medium Density residential. The parcel measures 1.415 acres; the proposal is to build out at 8 du/acre, for a total of 11 units. On February 22, 1999 the Planning and Zoning Board approved, over our voiced opposition, the applicants request to RM with a density of 8 alu/acre. RHHOA does not oppose the rezoning to RM. It does however emphatically oppose any density limit in excess of 7 du/acre for a total maximum of 9 du for the site in question. The reasons for the RHHOA position are as follows: Incompatibilty with surrounding developments: P & Z's recommended density of 8 alu/acre for the subject property would introduce a significant incompatibilty with, and departure from, the densities allowed for the surrounding developments whose only access is Old Germantown Road. P & Z seemed to focus only on the density of other properties on the north side of the road rather than the totality of the area. Unlike the subject property, both Spanish Wells and Crosswinds have direct access to Linton Boulevard, and their higher densities are no doubt directly#elated to their proximity and dependence on this major thoroughfare. To aggravate the situation, adjacent to the subject property are two parcels which together are about the same size as the subject property, and, like it, have entrance and egress only by way of Old Germantown Road. If the recommended 8 du/acre were to be approved for the subject parcel, it would be virtually impossible to deny like appro,~l to these two parcels, resulting in even further disruption to the compatibility of the neighbor hood. Aggravation of traffic problems: Old Germantown Road is now virtually fully developed. To the west, from the Blood Groves property to Military Trail and beyond, heavy development is either completed or underway. As a result there has been a very substantial increase in the density ov vehicular traffic along Old Germantown Road. This, coupled with increased traffic to and from Office Depot and Orchard View Elementary School has caused a significant change to the traffic flow on Old Germantown Road. Likewise there has been an increase in pedestrian traffic, over and above the numerous walkers and joggers who use the road. Eshould ~lso be noted that access to the subject property will be directly across from an existing Palm Be~ch County School District bus stop located at the entrance to Rabbit Hollowe. RHHOA is concerned that the resulting increase in traffic will only enhance the inconvenience and danger to its members and others, including school children, for whom Old Germantown Road provides the only access to their homes. Esthetics and Landscaping: RHHOA is concerned that this small parcel, atthe recommended density may have the character of a concrete slab made up primarily of parking spaces, road and buildings, presenting an unattractive aspect to neighbors and passersby. As such it would indeed be incompatible with its surroundings. The P & Z Recommendation: Its conclusion is arbitrary and unreasonable and rests solely on the so called compatibility with surrounding developments on the north side of the road not considering the south side of the road nor the fact that this property only will have access via Old Germantown Road. We would also like to respectfully remind the City Commission that a prior filing for the rezoning of this property lead to a vote of RM with a maximum of 6 du/acre. This determination was subsequently withdrawn at the request of the then applicant. Taking into all of the above reason, the RHHOA urges the Mayor and Commissioners, if they approve the re. zoning to RM, to do so with the express limitation of a maximum density of 7 du/acre for a total of 9 du for the subject property. Respectfully submitted, Rabbit Hollowe Homeowners Association Bruce C. Steinhardt President MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF MARCH 16, 1999 ORDINANCE NO. 12-99 (LDR AMENDMENTS RELATED TO INFRASTRUCTURE IMPROVEMENT OBLIGATIONS) DATE: MARCH 12, 1999 This is second reading and a public hearing for Ordinance No. 12-99 which amends various sections of the Land Development Regulations related to infrastructure improvement obligations. The proposed amendments will clarify the current requirements that all improved lots are to be accessed from a paved street, road or alley. These changes are n~cessary given the recent court ruling in the Powell case which found that the LDRs as written "could not reasonably be interpreted to impose such a paving requirement" The inability of the court to correctly interpret the LDRs came from confusion relating to the location of certain sections, inappropriately located subsections, and lack of references to the regulations applying to alleys as well as to streets. In summary, the changes to Section 4.6.3 include relocating the entire section from "Supplementary District Regulations" to the "Infrastructure and Public Property" portion of the LDRs. Also, language was included to clarify that all improved lots are to take access from a paved surface and if not available, a continuously paved access must be constructed from the site to the nearest paved street, road or alley. Section 5.3.1(E) has been relocated from Chapter 5 to Chapter 6, "Infrastructure and Public Property", as it applies to all development, not just property being subdivided. It was added under Section 6.1.2 (Streets and Alleys) and contains additional language stating that requirements apply to access for all lots including those which take access from alleys. Section 6.1.2 has also been modified with additional references to alleys. Section 6.1.4 is modified by moving the "Exemption of Backing into Alleys" section so it is clear the exemption only refers to requirements of subsection 6.1.4(C) and not to the entire section. Confusion with this exemption section was cited by the court as one of the reasons the LDRs as currently written could not be reasonably interpreted to require paving in the Powell case. The Planning and Zoning Board considered the text amendments at a public hearing on February 22, 1999, and voted 6 to 0 to recommend approval. At first reading on March 2, 1999, the Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 12-99 on second and final reading, based upon the findings and the recommendation of the Planning and Zoning Board. ref: agmemol3 f~ ~-O ORDINANCE NO. 12-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.3, "ACCESS REQUIREMENTS AND RESTRICTIONS" SECTION 5.3.1, "STREETS (RIGHTS-OF-WAY) ", ~UBSECTION 5.3.1(E), "IMPROVEMENT OBLIGATIONS", SECTION 6.1.2, "STREET DESIGN", AND SECTION 6.1.4, "DRIVEWAYS AND POINTS OF ACCESS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO CLARIFY AND CONSOLIDATE PUBLIC INFRASTRUCTURE REQUIREMENTS AND OBLIGATIONS FOR SITE DEVELOPMENT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on February 22, 1999, and voted unanimously to recommend approval; 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 changes are consistent with and further the objectives and policies 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 Section 4.6.3, "Access Requirements and Restrictions", Section 5.3.1, "Streets (Rights-of-Way)", Subsection 5.3.1(E) , "Improvement Obligations", Section 6.1.2, "Street Design", and Section 6.1.4, "Driveways and Points of Access", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same are hereby amended as set forth in Exhibit "A" attached hereto and made a part hereof. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 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 16th day of March , 1999. 'City Cl~rk First Reading March 2, 1999 Second Reading March 16, 1999 - 2 - Ord. No. 12-99 street or alley to the project in addition to the improvements on its side of the center line of right-of-way. (b) When additional travel lanes are required to accommodate demands made by the project, then the project needs to provide such additional traffic lanes in addition to the improvements on its side of the center line of right-of-way and those required by 5.3.1. (E)(2)(a). (3) Off-site improvements must be provided as imposed by conditions of approval on the development application. (4~) (B.) Principles of Design: The following principles of street and alley design and layout shall be followed in the platting of subdivisions and development of single lots and large tracts of land. T.h. ...... r- .............. r"l~' --i- ................ ~1- Y" ......... (1) The arrangement, character, extent, width, grade, and location of all streets shall conform to the Palm Beach County Thoroughfare Plan, the Florida Department of Transportation Highway Plan, and the Master Street Plan as contained in the Traffic Element of the Comprehensive Plan. Also, these factors shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, in their appropriate relationship to the proposed use of the land to be served by such streets, and the most advantageous development of the surrounding neighborhood. (2) A proposed street or alley layout shall provide for the continuation or projection of existing streets and alleys in the surrounding area unless the Planning and Zoning Board deems such extension undesirable for specific reasons of topography or design. (3) Any new street or alley that is an extension of an existing street or alley shall have the same width of right-of-way and be paved to the same widths as the existing street or alley provided that it must meet the minimum construction standards of these regulations and that such widths meet the minimum requirements of this Section. (4) Residential streets,alleys and access roadways shall be laid out to discourage through traffic, but provision for street and alley connections into and from adjacent areas will generally be required. (5) Where development abuts, or contains, an existing or proposed arterial street, the City may require marginal access streets, reverse frontages with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford .separation of through and local traffic. Exhibit "A" to Ordinance 12-99 Page 3 of 11 (6) Where a development borders on or contains a railroad right-of- way, expressway, drainage canal, or waterway, the City may require a street approximately parallel to and on each side of the right-of-way, at a distance suitable for the appropriate land use of the intervening land. The distance shall also be determined with due regard for the requirements of approach grades for future bridges or grade separations. (7) Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under approved conditions. Such reserve strips shall be required, as limited access easements, along all arterial and collector streets except for approved points of ingress and egress. (8) Curvilinear streets are recommended for residential, minor, and collector streets in order to discourage excessive vehicular speeds and to provide attractive vistas. (9) "T" intersections of minor and collector streets are encouraged. /~')(C) ,~,r. ee~Design Requirements: The following standards shall be met in the design of all streets or alleys. (1) Curves: (a) Whenever a street or alley changes direction, or connection street lines deflect from each other by more than ten degrees, there shall be a horizontal curve. (b) A tangent shall be provided between reverse curves. The tangent shall have the minimum lengths of: * 100' along collector streets * 250' along arterial streets (c) Center line radii for horizontal curves shall be: · 150' along local streets 300' along collector streets · 500' along minor arterials · 750' along major arterials (2) Intersections: (a) Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of Exhibit "A" to Ordinance 12-99 Page 4 of 11 less than 60 degrees except at a "Y" intersection of local streets. (b) Intersections involving junction of more than two streets are prohibited except where found to be unavoidable by the Local Planning Agency. (c) As far as possible, intersections along arterial streets shall be located not less than 800 feet apart, measured from center line to center line. (d) Street jogs with center line off-sets less than 125' shall be avoided. (e) Property line radii shall be as follows: · 25' along local streets · Greater than 25', as determined by the City Engineer, at intersections which are less than 60 degrees · Edge of paving shall be on a minimum radii of 40 feet excepting in cases where the width of right-of-way does not so permit. (3) Paving Widths: (a) Minimums: The following are the minimum paving widths which are required for the category of street or alley. I MINIMUM PAVING ,CATEGORY WIDTHS Arterial Street 2'!. ~c_ Feet Collector Street 2~. 2c_ Feet Local Streets 24 Feet Marginal Access Street 24 Feet Access Roadway 24 Feet Alleys.. . ,. 16 Feet (b) Additional Paving: Additional width may be required by the City Engineer to promote public safety and welfare, and to assure adequate access, circulation, and parking in high- density residential a'reas, commercial areas, and industrial Exhibit "A" to Ordinance 12-99 Page 5 of 11 areas. To determine the necessity for additional pavement, the City Engineer may require the applicant to furnish a traffic impact analysis and, based upon this analysis, the City Engineer shall determine the extent to which any additional paving will be needed. (c) Reduction in Paving Width: Upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the Commission may authorize a reduction in the minimum required width of paving as set forth in (a) of this Subsection, if it is determined that the requirements of (a) 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. (4) Dead-End Streets and Cul-De-Sacs: (a) Rule: Dead-end streets without provision of a turnaround are prohibited. Generally, a cul-de-sac shall be required; however, in unique situations where a cul-de-sac cannot reasonably be accommodated either a "T" or "hammerhead" turn around may be accepted by the Local Planning Agency if approved by the Fire Marshal. (b) Temporary Dead-Ends: If a street is to be a through street but shall terminate in a dead-end for a significant period of time, a temporary turnaround shall be provided. The temporary turnaround shall be paved unless otherwise provided for by the Planning and Zoning Board. (c) Length: A dead-end street shall not exceed 1,000 feet except upon a finding by the Planning and Zoning Board that one or more of the following would occur: The preservation of natural features and resources · Elimination of unnecessary traffic in the area · Preservation or increasing of open space. (d) Cul-De-Sac Turnaround Design Standards: The cul-de- sac shall be constructed to the following standards: · Minimum diameter to the outer edge of pavement, or curb line, of ninety feet (90') Exhibit "A" to Ordinance 12-99 Page 6 of 11 · Minimum diameter to property line of one hundred feet (100'). (.C,.)(D) Street and Alley Construction Standards: Before any street or alley construction plans are approved by the City Engineer, he shall be satisfied that the following requirements, conditions, and standards are complied with. (1) Standard Reference: The Florida Department of Transportation Specification for Road and Bridge Construction, Edition of 1973, and all Supplemental Specifications, all of which shall be hereinafter referred to as the DOT Specifications, are hereby made a part of this subsection. Where reference is made to the department in the DOT Specifications, it shall be construed to refer to the City. Any and all work not specifically mentioned hereafter shall be performed in accordance with the applicable portions of the DOT Specifications. (2) Clearing and Grubbing: Unless specifically approved in the plans and specifications the entire width of the right-of-way shall be cleared and grubbed in accordance with Section 110 of the DOT Specifications. (3) Excavation and Embankment: Excavation and fill, if called for in the approved plans and specifications, shall be in accordance with the applicable portions of Section 120 of the DOT Specifications. (4) Subgrade: The subgrade shall be uniformly stabilized to a depth of eight inches to produce a Florida bearing value of 50 psi, in accordance with Section 160 in the DOT Specifications. A compaction of 98% of the maximum density as determined by AASHO Method T-180 shall be deemed sufficient. Unless specifically deleted in the approved plans and specifications, shoulders eight feet in width on each side of the base course shall be stabilized in accordance with Section 160 of the DOT Specification. The subgrade shall be brought to true grade and approved by the City Engineer prior to installation of the base course. (5) Base Course: (a) A base course of limerock as specified in Section 911 of the DOT Specifications shall have a minimum depth of eight inches after compaction, and shall be compacted in two layers to the 98% dry density, all in accordance with the provisions of Section 200 of the DOT Specifications. Ocala formation or Miami Ocala formation is acceptable; minimum percentage of carbonates (of calcium and magnesium) in limerock material shall be 95% for Ocala limerock and 70% for Miami limerock. The width of the base course shall exceed the width of pavement as called for in the approved plans and specifications by 12 inches on each side. The use of forms for this course will not be required, and the use of suitable equipment shall be approved by the City Engineer. Exhibit "A" to Ordinance 12-99 Page 7 of 11 The base course shall be inspected and approved by the City Engineer prior to installation of the prime coat. (b) In case the above materials are not available, the City engineer may allow deviations from the above specifications, or may permit the use of shell rock. Shell material shall be molusk shell. At least 50% (by weight) of total material shall be retained on a No. 4 sieve, not more than 7o1/2% (by weight) of the total material shall pass the No. 200 mesh sieve when determined by elutriations (washing), 40% carbonates by weight. If shell material of the above proportions is not available, deviations may be approved by the City Engineer. (6) Priming: After approval, the base course shall be primed and a tack coat applied all in accordance with Section 300 of the DOT Specifications. (7) Surface Course: The surface course shall be Type II hot laid asphaltic concrete and shall have a minimum depth of 1-1/2 inches after compaction. Width of paving shall be as called for in the approved plans and specifications and all work shall be in accordance with the applicable portions of Sections 320, 330, 331, and 332 of the DOT Specifications. Final inspection and approval of the surface course by the City Engineer shall be required. (8) Clean Up: The site shall be cleared of all debris, excess fill, and equipment in a good and workmanlike manner as approved by the City Engineer. (9) Grade, Drainage: The City Engineer shall approve the grade and drainage facilities for all construction before a permit shall be issued therefor. (10) Specifications for Curbs and Gutters: Where the road section approved by the Commission calls for curbs and gutters, they shall be constructed of Class I concrete with a minimum strength of 3,000 psi in accordance with Section 520 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Edition of 1973. Exhibit "A" to Ordinance 12-99 Page 8 of 11 Section 6.1.4 Driveways and Points of Access: (A) Principles of Design: (1) General Application: Regulation of the configuration of driveways and limitations on the points of access from private property onto street systems are necessary to provide for safe and efficient control of vehicular movement. (B) Access Requirements and Restrictions: (..1) All buildings and. structures shall be on a lot that takes access from a paved street, alley, or road. All buildings and structures shall be located on lots in such a manner as to provide for safe and convenient access for servicing, fire protection, and required off-street parking. Driveways and points of access are further governed by Section 6.1.4. (2) Where commercially zoned prope.rty is adjacent to, but separated by a street from single family zoned property, the commercially zoned property shall not use such separating street as access unless no other means of ingress and egress to the commercially zoned property exists. (3) All improved lots shall have frontage on a paved private or public street. All access to improved lots shall be from a paved private or public street, road or alley. If paved access is not available the development must provide continuous paved access from the site to the nearest paved street, road or alley. (4) All streets and alleys shall be defined by being a dedicated right-of- way (for public streets) or as a tract of land (private streets). (~)(_C) Design Requirements: (1) Minimum Width: A two-way driveway shall normally have a width of twenty-four feet (24'). In instances where there are no points of conflict in the immediate vicinity of the driveway and the internal circulation system, the width may be approved at a minimum width of twenty feet (20'). One-way points of ingress and egress shall have a width of twelve feet (12'). These minimum provisions do not apply to detached single family development. (2) Maximum Width: Exceptions to the normal 24' width may be granted for: (a) Points of ingress and egress to gasoline stations up to a maximum width of thirty-six feet (36'); Exhibit "A" to Ordinance 12-99 Page 9 of 11 (b) Controlled access points into a shopping center may have a width greater than 24' when such width is necessary to handle the volume of traffic at the point of access; The need for such width shall be demonstrated through a traffic study; (c) Points of egress for Fire Stations and similar facilities which require ample maneuvering area. Note: The above regulation prohibits "curb-cuts" greater than 24' and will, thus, not accommodate the practice of vehicles backing from the parking area of duplexes into adjacent streets, except from a~ a 24' wide driveway.) (3) Number, Location, Spacing, and Stacking: The following spacing requirements shall be observed in the location and spacing of driveways. (a) Number: There shall be no more than two points of access into a non-residential development along any street unless the need for additional spaces is proven by a traffic study and the additional points of access are specifically granted through the site plan review process. (b) Location: · No driveway shall be located within twenty-five feet (25') of the extension of ultimate right-of-way lines at any intersection. · No driveway shall be located within five feet (5') of a property line except in zero lot line developments. · Driveways at gasoline stations or convenience food stores shall not be within fifteen feet (15') of an interior property line. · Access roads and driveways which access parking lot with more than 100 spaces shall be located so as to be directly across from or off-set by a minimum distance of fifty feet (50') from existing driveways located on parcels or lots across a common street, unless cross access is prohibited by a median. (c) Spacing: A minimum distance of twenty-five feet (25') shall be maintained between driveways located on the same parcel or lot. Exhibit "A" to Ordinance 12-99 Page 10 of 11 (d) Stacking: See Section 4.6.9(D)(3)(c). [Amd. Ord. 22-92 6116/92] (4) Sight Distance: (a) Sight distance pursuant to Section 4.6.14 shall be provided at the intersection of driveways and streets. (5) A nonpublic (private) access easement upon one Lot or Parcel which provides ingress and egress for one adjoining single family Lot (or Parcel) of Record, and similar uses, is excluded from the provisions of this Subsection (B). (6) Exemption of Backing Into Alleys: The design requirements of this subsection (C) do not apply to situations where vehicles are allowed to back directly into adjacent alleys. All other subsections shall apply including A,B, and D. (~,.)(D) Construction Requirements: (1) Driveways may be constructed of concrete or asphalt. In addition, the City Engineer may approve an alternative surface type including, but not limited to, stamped concrete which creates a noticeable pattern in the finished product. When the alternative surface is loose rock (i.e. Chatahoochee) and there is a sidewalk in front of the property, the loose rock shall be limited to the private property side of the sidewalk (no loose stone in the right-of-way). If the City has to perform maintenance within the rights-of-way, any displaced stamped concrete will be replaced with a smooth, non- colored, non-stamped finish. At the discretion of the City Engineer, the stamped surface may be replaced with a similar stamped surface if the additional cost (over and above smooth, non-colored, non-stamped finish) is bome by the abutting property owner. Alternative surfaces other than stamped concrete will be replaced with material at the discretion of the City Engineer. [Amd. Ord. 5-98 1/20/98] (2) Driveways shall include that portion of the street located between the travelway (traffic lanes) and private property and said area shall be paved or improved with an alternative surface as approved by the City Engineer. (3) If an alternative driveway surface other than concrete is selected, the subbase is to comply with standards outlined in LDR Section 6.1.2 (C). [Amd. Ord. 5-98 1/20/98] (4) Maintenance of concrete, asphalt or alternative surface driveways constructed within the right-of-way is the responsibility of the abutting property owner. [Amd. Ord. 5-98 1/20/98] S.adv/Idramenddriveways Exhibit "A" to Ordinance 12-99 Page 11 of 11 MEETING OF: FEBRUARY 22, 1998 AGENDA ITEM: V.C. AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTIONS 4.6.3, 5.3.1, 6.1.2, and 6.1.4, RELATING TO INFRASTRUCTURE IMPROVEMENT OBLIIGATIONS. The item before the Board is that of making a recommendation to the City Commission regarding proposed LDR changes to Sections 4.6.3, 5.3.1, 6.1.2 and 6.1.4 relating to infrastructure improvement obligations. The proposed LDR amendments to Sections 4.6.3, 5.3.1, 6.1.2 and Section 6.1.4 will clarify the current requirements that all improved lots are to be accessed from a paved street, road or alley. These changes are necessary given the courts recent rulings in the Powell case which indicated that the LDRs as written "could not reasonably be interpreted to impose such a paving requirement". The inability of the Courts to interpret the current LDRs came from confusion relating to the location of certain LDR sections, inappropriately located subsections and lack of references to the regulations applying to alleys as well as to streets. The amendments deal with four specific LDR sections as identified above. In summary the changes to Section 4.6.3 include relocating the entire section from "Supplementary District Regulations" to the "Infrastructure and Public property" portion of the LDRs. In addition, references to the regulations extending to alleys were added including clarifying language that all improved lots are to take access from a paved surface and if not available, they must construct a continuously paved access from the site to the nearest paved street, road or alley. Section 5.3.1(E) has been relocated from Chapter 5 (Subdivision Regulations) to Chapter 6 "Infrastructure and Public Property" as it applies to all development not just subdivided property. This section was added under Section 6.1.2 (Streets and Alleys) and contains additional language stating that requirements apply to access for all lots including those which take access from alleys. P&Z Board Memorandum Staff Report Amendment to the LDRs Sections 4.6.3, 5.3.1, 6.1.2 and 6.1.4. infrastructure obligations Page 2 Section 6.1.2 has been modified to add Section 5.3.1 and additional references to alleys have been added. Section 6.1.4 has been modified by moving the "Exemption of Backing into Alleys" section so it is clear the exemption only refers to requirements of Subsection 6.1.4 (C) and not to the entire Section 6,1.4, Confusion with this exemption section was cited by the Court as one of the reasons the LDRs as currently written could not be reasonable interpreted to required paving in the Powell case. These changes have been reviewed by the City Attorneys office and the City Engineer and clearly outline public infrastructure requirements of site development. The relocation of certain LDR sections to' more appropriate and applicable sections of the LDRs will allow the requirements to be interpreted as they were intended. Recommend that the City Commission approve the attached changes to LDR Sections 4.6.3, 5,3,1, 6,1.2 and 6.1,4 relating to infrastructure improvement obligations, S:~adv~drddve -2- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #/0~ REGULAR MEETING OF MARCH 16, 1999 ORDINANCE NO. 13-99 (AMENDING LDR CHAPTER THREE, "PERFORMANCE STANDARDS") DATE: MARCH 12, 1999 This is second reading and a public hearing for Ordinance No. 13-99 which amends Chapter Three, "Performance Standards" of the Land Development Regulations to conform with the objectives and policies of the Evaluation and Appraisal Report (EAR) based Comprehensive Plan. On December 9, 1997, the City Commission adopted changes to the Comprehensive Plan via Ordinance No. 32-97, which included recommendations made from the Evaluation and Appraisal Report (EAR). Each element of the Comprehensive Plan was revised to update information and the status of Objectives and Policies. In addition, each element was reformatted to improve readability and logic, and to better track the state rule requirements. Information and policy directives were added, deleted and modified as recommended in the adopted EAR. Chapter Three of the Land Development Regulations sets forth the Level of Service standards consistent with the Comprehensive Plan for determining concurrency. It also sets forth performance standards by which a development application is assessed for the purpose of determining overall consistency with the Comprehensive Plan along with good planning, engineering and design practices. This chapter became outdated when the Comprehensive Plan was amended and needs to be changed in order to be consistent with the Objectives and Policies of the EAR based Comprehensive Plan. Hence, the proposed amendments are corrective in nature. The Planning and Zoning Board considered the proposed text amendments at a public hearing on February 22, 1999, and voted 6 to 0 to recommend approval. At first reading on March 6, 1999, the Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 13-99 on second and final reading, based on the findings and recommendation of the Planning and Zoning Board. ref: agmemol2 p~ ~0 ORDINANCE NO. 13-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELP, AY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER THREE, "PERFORMANCE STANDARDS", TO CONFORM WITH THE OBJECTIVES AND POLICIES OF THE EVALUATION AND APPRAISAL REPORT (EAR) BASED COMPREHENSIVE PLAN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ~ WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on February 22, 1999, and forwarded the changes with a recommendation of approval; 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 changes are consistent with and further the objectives and policies 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 Chapter Three, "Performance Standards", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended as set forth in Exhibit "A" attached hereto and made a part hereof. ~ection 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 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 16th day of ~, 1999. ~City C~rk t First Reading March 2, 1999 Second Reading March 16, 1999 CHAPTER THREE P E R F O R M A N C E S TAN D A R D S Chapter Three sets forth Level of Service Standards consistent with the Comprehensive Plan~ It also sets forth performance standards by which a development application shall be assessed for the purpose of determining overall consistency with the Comprehensive Plan and with good planning, engineering and design practice. ARTICLE 3.1 REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS Section 3.1.1 Required Findings: Prior to the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minute~. Findings shall be made by the body which has the authority to approve or deny the development application. (A) Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map (B) Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the ..City of Delray Beach. (LU A 5.5) ~,L'J B (C) Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.,?,_2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweigh the negative impacts of identified points of conflict. (D) ~ Compliance with LDRs: Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application/request Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. Exhibit :A" to Ordinance No. 13-99 Page 1 of 6 ART!~LE _'3.2 m' ~m~ OF SERV)CE STANdARdS ARTICLE 3.32 PERFORMANCE STANDARDS Section 3.32.1 Basis for Determining Consistency: The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. ~^~' .... pefferm:.-.ce -'+'-'-'~'---~ -"~"-'-'+ .... " ....~ +k,, P!an, ~ D...,, n ~ ~ .+ ,~ ~ ~ ~ :, .... ,~ The pedo~ance standards set fodh in the following sections ~ as well as complian~ ~ with items specifically listed as required findings in appropriate potions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this A~icle shall not be a basis for not allowing consideration of other objectives and policies found in ~e adopted Comprehensive Plan in the making of a finding of overall consistency. ~ Section 3.32.2 Standards for Rezoning Actions: (A) 'rk.,+., ._= ..... !.. +,. ,.+k,., +k.,. r-: ,.,i+k;,, ,.+ak, .... i,~,,.,+;.,, ..... k.,,, k~ de~!ed. (H A.2.4) The most restrictive residential zoning district that is applicable given existing development pattems and typical lot.sizes shall be applied to those areas Exhibit "A" to Ordinance No. 13-99 Page 2 of 6 identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. t,N,-~ r4';,,-, ,I,'~ ri,, (B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. (C) ^~4,4;,;,,,~.., :trip ~'n~'~";'~' -'"~'; .......... * ..... ~;~' Zoning changes that would result in strip commercial d,evelopment shall be avoided. -r~,;~ ~.~,[;,.,, =hall ~ strip commercial developments ~ or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. ~ (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regu]-ations exist to properly mitigate adverse impacts form from the new use. (E) Remaining, isolated infill lots within the coastal planning area shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. Section 3.,32.3 Standards for Site Plan and/or Plat Actions: (A) Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. (TR C !.2) (B) Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in. '-'~'~ ~ ..... ~,;"~-~- ~,; .... ~ .... ~ -"~-~'*";'-"~' "- a manner consistent with policies found under eObjectives D-1 and D-2 of the Tr:~c Transportation Element. (C) Open space enhancements as described in Policies found under $~:c_~ :nd P.~_cr~_:*.!cn Objective B-1 of the Open Space and Recreation Element are appropriately addressed. (OSP._ :~ ~,~. n,__~ A ~.2,~ Exhibit "A" to Ordinance No. 13-99 Page 3 of 6 :~ The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modificatJon will be detrimental and result in a degradation of the neighborhood: the project shall not be permitted. (E) Development of vacant land, which is zoned for residential purposes, shall be planned in a manner that is consistent with adjacent development regardless of zoning designations. (H C 2.~.) (CM C 2.!) (F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. (G) i,-, ,.,,-,Ne:,. +. ,.~r,.,~,;,.4~ .K,-,r ,.~,~r~ I.~..al.a,.,,-.~,.4 ,-I,~r~,-~,'qr..2~N;,-. ,'~;v ~.he~ ,q~,~l,'~,-~,'~r~ '~; ........ ......... ~__.'~ /~, ..... ~' ~ ~.5) Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the .implementation of policies under Objective B-2 of the Housing Element. (H) The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. (I) Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. (J) Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Exhibit "A" to Ordinance No. 13-99 Page 4 of 6 Section 3.32.4 Standards for Specific Areas or Purposes: (A) Wellfield Zones: The City shall continue to assure compliance with ~ .........,k-~, ..... ;~.; .... ~ the County Wellfield Protection Ordinance shad--be ccmp!!ed '"~*~' ....... /r.,.,,,., .......... ^ ,~ 4) by including compliance as a performance standard for which a specific finding must be made upon approval of any site plan or conditional use action. (B) Environmentally Sensitive Areas: That any significant flora or fauna communities which are identified pursuant to a biological survey and habitat analysis required by Conservation Element Policy B-2.1 are being appropriately treated as if they were environmentally sensitive areas as identified in Policy B-1.1 ';~'*~"~ ;'' r~k;,,.,:,,= ~ ~ of the Conservation Element. (Ccr. s = ') '~)/'" ~ '~ '~ rr,,~,,-,,,,nifi~,,- ,-h~ll h~, .-_~..~;.~,,4 nl iF,'-,,~+ +~, Tf'~DDf'~ Dnli~-,~ 4~ O O O I~nne D O ~ (C) Barrier Island: The development of vacant and under developed land on the barrier island shall occur in a manner which does not change the character, increase the intensi~ of use, or demand upon existing infrastructure; nor reduce hurri~ne evacuation time beyond its present level in the Coastal Planning Area pursuant to Objective D-2 and Policies contained under Objective C-3 of the Coastal Management Element. (D) Flood Prone Areas: Ce~ification that any development proposed on land which is located in a floodplain has proper provisions for mitigation of flood damage potential. ~ At~ant~e Avenue; N.E. ~h Street ~nd A ! A; or at t~nton Beu~ev:rd :nd A.! A. (CM D (~) Historic Distric~ and Sites: That the proposed development is consistent with the purpose and provisions of the Historic Presewation Overlay District pursant to LDR ~ection 4.5.1~. (~) Impact on Adjacent Communities: The staff repo~ prepared for any development ~ application or development activities proposed in the plan and Exhibit "A" to Ordinance No. 13-99 Page 5 of 6 provided to the Local Planning Agency shall contai'n an assessment, if applicable, of how the ~ proposed activity may affect the existing plans of any adjacent ,-n?.s of local government. (!GC .... ^ ~ _, ~ Exhibit "A" to Ordinance No. 13-99 Page 6 of 6 MEETING OF: FEBRUARY 22, 1999 AGENDA ITEM: V.D. AMENDMENT TO LAND DEVELOPMENT REGULATIONS CHAPTER THREE PREFORMANCE STANDARDS The item before the Board is that of making a recommendation to the City Commission regarding amendments to Chapter Three Performance Standards of the Land Development Regulations. At its meeting of De.tuber 9, 1997, the City Commission adopted changes to the Comprehensive Plan via Ordinance 32-97, which included recommendations made from the Evaluation and App,~isal Report (EAR). Each element of the City's Comprehensive Plan was revised to update information and the status of Objectives and Policies. In addition, each Element was reformatted to improve readability and logic, and to better track the State rule r~:luirements. Information and policy directives were added, deleted, and modified as recommended in the adopted EAR. Chapter Three of the Land Development Regulations sets forth the Level of Service Standards consistent wi~ the Comprehensive Plan for determining concurrency. It also sets forth performance m. andards by which a development application shall be assessed for the purpose of dete,,"mining overall consistency with the Comprehensive Plan along with good planning, engineering and design practices. This chapter became outdated when the Comprehensive Plan was amended and needs to be changed in order to be consistent with the Objectives and Policies of the EAR based Comprehensive Plan. Therefore, the proposed amendments to Chapter Three are corrective in nature. The substantive chang~ to Chapter Three are described below. Article 3.2 Level of Service Standards: was eliminated in its entirety as the same findings are required under Section 3.1.1 (B) Concurrency relating to water, sewer, parks and recreation, soiid waste, drainage and streets and traffic level of service. Section 3.3.2 Standards for Rezonincj: was amended to eliminate Standard B which dealt with an affordabl-: housing policy which no longer exists in the Comprehensive Plan. Two new standards were added, Policy A-2.4 (3) of the Future Land Use Element which does not allow rezoning to AC (Automotive Commercial) for automobile dealerships west of 1-95; and Policy C-3.1 of the Coastal Management Element which requires new development in the coastal planning area to be developed under zoning which is identical or similar to the zoning of adjacent properties. Section 3.3.3 Standards for Site Plan and/or Plat Actions: was amended to add 3 new standards: Policy A-12.3 of the Housing Element which deals with the effect that the proposal will have on the stability of nearby neighborhoods; Policy A-3.1 of the Open Space and Recreation Element which requires all new housing developments to provide tot lots and recreational areas for a range of ages from toddlers to teens; and Policy A-5.2 of the Transportation Element which does not allow new developments to exacerbate a high accident area unless remedial actions are taken. Section 3.3.4 Standards for Specific Areas or Purposes: was amended to combine Standard C and E as both standards deal with properties located on the Barrier Island. Standard H Schools was eliminated, as it can not be implemented through a land development action. By motion, recommend that the City Commission approve the attached changes to Chapter Three of the Land Development Regulations. Attachment: * Amendment Memo To-' David Harden, City Manager From: Lula Butler, Director, Community Improvement~ Date: March 12, 1999 First Reading of Ordinance 9-99, Revisions to Code of Ordinances Chapter 100 "Nuisances" ITEM BEFORE THE COMMISSION: City Commission consideration and approval of proposed amendments to Chapter 100 of the City's Code of Ordinances governing nuisances. The changes proposed under Ordinance 9-99 are attached. BACKGROUND: Staff presented the proposed changes to Chapter 100 to the City Commission at the regularly scheduled workshop meeting of January 12, 1999. The major changes contained in the proposed ordinance are: 1. Compliance pedods are reduced from 10 days to 7 days and appeal periods are reduced from 10 days to 5 days. 2. Initial notices will be mailed by certified mail instead of first class. 3. Nuisances which recur in a 12-month pedod can be immediately abated without necessity to first mail a notice. The changes will allow for more prompt action by the Community Improvement Department's Code Enforcement Division in abating nuisances. The Commission gave staff consensus to move forward with the first reading of the amendments to Chapter 100. RECOMMENDATION: Staff is recommending approval of the proposed amendments to Chapter 100 on first reading, providing for the required public I'~adng and formal approval of these changes at the next regular City Commission meeting. .A. ORDINANCE NO. 9-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 100, "NUISANCES", SUBHEADING "GENERAL PROVISIONS", SECTION 100.01, "EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON LANDS PROHIBITED", SUBSECTION 100.01(D), TO PROVIDE CLARIFICATION OF THE TERMS 'LOT'_ 'PARCEL' AND 'TRACT'; BY AMENDING SUBHEADING "ABATEMENT PROCEDURES", BY REPEALING SECTION 100.21, "NOTICE OF VIOLATION REQUIRED", AND ENACTING A NEW SECTION 100.21, "NOTICE OF PUBLIC NUISANCE REQUIRED", TO PROVIDE FOR METHODS OF SERVICE OF NOTICES, COUNTY COURT CITATIONS AND NOTICES TO APPEAR; BY REPEALING SECTION 100.22, "CONTENT AND FORM OF NOTICE", AND ENACTING A NEW SECTION 100.22, "CONTENT AND FORM OF NOTICE OF PUBLIC NUISANCE", TO PROVIDE FOR A COMPLIANCE PERIOD, ASSESSMENT OF COSTS, ABATEMENT OF NUISANCES RECURRING WITHIN A 12-MONTH PERIOD WITHOUT PRIOR NOTICE AT THE OWNER'S EXPENSE, APPELLATE PROCEDURES, AND APPROVAL OF NOTICE FORM AND CONTENT BY THE CITY ATTORNEY; BY REPEALING SECTION 100.23, "HEARING", AND ENACTING A NEW SECTION 100.23, "NOTICE OF RECURRING NUISANCE ABATEMENT REQUIRED; CONTENT AND FORM", TO PROVIDE FOR SERVICE PROCEDURES, CONTENT OF NOTICE, DEFINITION OF RECURRING NUISANCE, APPELLATE PROCEDURES, COST ASSESSMENT AND APPROVAL OF NOTICE FORM AND CONTENT BY THE CITY ATTORNEY; BY REPEALING SECTION 100.24, "ABATEMENT BY THE CITY", AND ENACTING A NEW SECTION 100.24, "ABATEMENT BY THE CITY" TO PROVIDE FOR INCREASES AND DECREASES IN COSTS AND ALTERNATIVE ABATEMENT PROCEDURES; BY AMENDING SECTION 100.25, "ABATEMENT BID PROCEDURES", TO PROVIDE FOR SECURING BiDS EVERY TWO YEARS FOR SERVICES TO ABATE NUISANCES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to clarify and amend certain procedures and notice requirements regarding abatement of nuisances; and WHEREAS, the City Commission desires to take action to abate recurring nuisances in a more timely manner; and WHEREAS, the abatement of nuisances is in the best interests of and furthers the public health, safety and welfare of the citizens of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 100, "Nuisances", Subheading "General Provisions", Section 100.01, "Existence of Weeds, Trash and Vegetation Upon Lands Prohibited", Subsection 100.01(D), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (D) For purposes of this ~~ chapter, the terms lot, tract and parcel shall include all lots, tracts and parcels within the City and shall also include any contiguous public right-of-way or easement, or portion thereof or public alleyway to the centerline, upon which no publicly maintained structural improvements exist or any planted area between the property line and a paved alley and every owner or person having possession or in control of the contiguous real property shall ensure that the adjoining public right-of-way complies with the provisions of this ~chapter. Nothing herein shall be construed to require the maintenance of medians by contiguous property owners or persons in control of such. Section 2. That Chapter 100, "Nuisances", Subheading "Abatement Procedures", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Section 100.21, "Notice of Violation Required", in its entirety, and enacting a new Section 100.21 to read as follows: Section 100.21 NOTICE OF PUBLIC NUISANCE REOUIRED. (A) If the City Manager or his designated representatives determine that a public nuisance exists in accordance with the standards set forth in this chapter on any lot, tract, parcel or other real property within the City, whether improved or unimproved, he shall forthwith notify the owner of the property as the ownership appears upon the last complete records of the County Tax Assessor. The notice shall be given in writing by certified mail, return receipt requested, postage prepaid, or by hand delivery which shall be effective and complete when delivered and shall be considered sufficient notice. In case of multiple or joint ownership, service as herein provided on any one owner shall be sufficient. The personal delivery by the City Manager or his designated representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed notice is returned by the postal - 2 - Ord. No. 9-99 authorities or the return receipt is not received by the Code Enforcement Division within fifteen (15) days after mailing, and the notice cannot be reasonably hand delivered to the owner of the property or his agent, the notice shall be given by a physical posting of the notice on the subject property as enumerated in Section 100.22. "Reasonably hand delivered" shall mean one attempt to hand deliver if the owner or his agent resides within the City limits between the hours of 8:00 a.m. and 5:00 p.m. on any weekday, excluding Saturdays, Sundays and holidays. (B) Alternatively, City Code Enforcement Officers may issue a written warning notice in person or by certified mail, return receipt requested, postage prepaid, to the person who committed the violation, which notice shall specify the section of the Code of Ordinances which is being violated and the required correction date. In the event the violation enumerated on the warning notice is not corrected as specified, a Code Enforcement Officer may issue a County Court Citation or a Notice to Appear at a hearing in County Court pursuant to Chapter 37 of the Code of Ordinances. Section 3. That Chapter 100, "Nuisances", Subheading "Abatement Procedures", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Section 100.22, "Content and Form of Notice", in its entirety, and enacting a new Section 100.22 to read as follows: Section 100.22 CONTENT AND FORM OF NOTICE OF PUBLIC NUISANCE. (A) The notice provided for in Section 100.21 shall notify the owner of the land of the following: (1) That it has been determined that a public nuisance exists on the land, and what condition constitutes that nuisance. (2) That the owner of the land shall have seven (7) days (42 days in the case of a violation of Section 100.04 pertaining to seawalls) from delivery of the Notice of Public Nuisance to remove the condition causing the nuisance on the land. (3) That if the condition is not corrected or removed within the time specified, the City shall have it corrected or removed at the expense of the owner, including all costs of inspection and administration, and alternatively, any of the enforcement procedures contained in Chapter 37 of the Code of Ordinances may be utilized. - 3 - Ord. No. 9-99 If after delivery of the notice the owner has not requested a hearing within five (5) days and has not corrected the condition causing the public nuisance within seven (7) days, the City shall have the right to have the objectionable condition corrected or removed at the expense of the owner. If the City has the condition abated and payment is not received within thirty (30) days after the mailing of a notice of assessment for the cost of the work together with all costs of inspection and administration, the City shall have a lien placed against the property for the cost of the work, including inspection and administrative costs, plus interest at the rate of eight percent (8%), plus reasonable attorney's fees and other costs of collecting the sums, without further hearing by the board or Commission and without further notice of the recording of said lien, and such lien shall be on a par with general City taxes. (4) The approximate range of cost for the City to correct the nuisance condition, exclusive of administrative costs, interest, collection costs or attorney's fees. (5) That if the condition constituting a public nuisance as enumerated in the notice recurs within the twelve (12) month period commencing from the delivery date of this notice, the City may immediately and without further prior notice, correct or remove the conditions each time they recur within said 12 month period, at the expense of the owner, including all costs of inspection and administration. (6) That if this notice is not deliverable or the return receipt is not received by the Code Enforcement Division within fifteen (15) days after the mailing date and hand delivery cannot be reasonably accomplished, a copy of the notice shall be posted in plain view upon the land where the public nuisance exists and shall be considered delivered on the date posted; and that if the condition constituting the public nuisance is not corrected within seven (7) days after posting, the City shall have the right to enter upon the premises and take steps reasonably necessary to correct or remove the condition at the expense of the owner of the property. Posting shall be sufficient notice that recurrence of any condition cited within the 12 month period specified above, shall be subject to immediate abatement without further prior notice. (7) Appeal dates and procedures for a Notice of Public Nuisance shall be as follows: - 4 - Ord. No. 9-99 (a) The owner shall have five (5) days from the delivery date of the Notice of Public Nuisance to file a written petition with the City Manager or his designee for a hearing before a three-person board which shall be composed of the City Manager, the Director of Environmental Services or the City Engineer, and the Director of Parks and Recreation, or their designees, which hearing shall be scheduled within ten (10) days of the date that the petition is received by the City Manager. (b) The issues to be determined at the hearing are whether the condition does in fact exist and why the condition should not be abated by the City at the expense of the owner, and the time limits for the abatement. The source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner. (c) If after the hearing the panel determines that the condition which exists on the property constitutes a public nuisance and is in violation of City ordinance, the owner of the property shall have a reasonable time, as determined by the panel, to correct or remove the condition, after which time the City shall have the right to have the condition abated at the expense of the property owner. If after delivery of the notice the owner has not requested a hearing within five (5) days and has not corrected the condition causing the public nuisance within seven (7) days, the City shall have the right to have the objectionable condition corrected or removed at the expense of the owner. If the City has the condition abated and payment is not received within thirty (30) days after the mailing of a notice of assessment for the cost of the work together with all costs of inspection and administration, the City shall have a lien placed against the property for the cost of the work, including inspection and administrative costs, plus interest at the rate of eight percent (8%), plus reasonable attorney's fees and other costs of collecting the sums, without further hearing by the board or Commission and without further notice of the recording of said lien, and such lien shall be on a par with general City taxes. (B) The content and form of the notice required by Section 100.21 shall be approved by the City Attorney. Section 4. That Chapter 100, "Nuisances", Subheading "Abatement Procedures", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Section 100.23, "Hearing", in its entirety, and enacting a new Section 100.23 to read as follows: - 5 - Ord. No. 9-99 Section 100.23 NOTICE OF RECURRING NUISANCE ABATEMENT REQUIRED; CONTENT AND FORM. (A) If there is a recurring nuisance and the City abates the nuisance, a written Notice of Recurring Nuisance Abatement shall be sent to the property owner at the address listed in the records of the Palm Beach County Tax Assessor by first class mail, postage prepaid. The notice may, alternatively, be hand delivered to the owner if such delivery is practical. The notice shall be considered delivered when either hand delivered or properly addressed and deposited in the U.S. Mail postage prepaid. In the event the mailed notice is returned by the postal authorities and hand delivery cannot be reasonably made as defined in Section 100.21(A), the City Manager or his designee shall post a copy of the notice in a conspicuous location on the property. A posted notice shall be considered delivered when posted. (B) The notice required in Section 100.23 shall advise the owner of the land of the following ordinance requirements: (1) What condition constitutes the recurring nuisance, defined as the same type of nuisance condition previously cited in any Notice of Public Nuisance delivered to the same owner of record for the same property within the last 12 months. (2) What the type of recurring nuisance condition was found, the date the recurring nuisance condition was observed, the specific ordinance section in violation, and the delivery date of the Notice of Public Nuisance which previously notified the owner of the nuisance conditions which now recurred. (3) That the recurring nuisance conditions were abated by the City and the date and approximate cost of abatement, including an administrative charge of the Code Enforcement Division, but exclusive of interest, collection, attorney, recording and any additional administrative costs. (4) That if the Notice of Recurring Nuisance Abatement was returned as undeliverable by the postal authorities and could not be reasonably hand delivered, the notice shall be posted in a conspicuous location on the land. (5) What the final appeal date and procedure are including: - 6 - Ord. No. 9-99 (a) That a written appeal of a Notice of Recurring Nuisance Abatement must be received by the City Manager no later than five (5) days after the mailing, hand delivering, or posting of the notice, as applicable. Such appeals shall be heard by a three member panel consisting of the City Manager, the Director of Environmental Services or the City Engineer, and the Director of Parks and Recreation, or their designees. The appellant shall be given notice of the date and time of such hearing which shall be scheduled within ten (10) days from the date of receipt of the written appeal, or as otherwise mutually agreed upon by the property owner and the City. (b) That the panel shall determine, among other matters, if a recurring nuisance occurred and if the abatement was processed in accordance with City ordinances. The source of the conditions abated shall not be a defense. The panel shall issue a written determination to the appellant. (c) If payment is not received within thirty (30) days after the mailing of a notice of assessment for the cost of the work together with all costs of inspection and administration, the City shall have a lien placed against the property for the cost of the work, including inspection and administrative costs, plus interest at the rate of eight percent (8%), plus reasonable attorney's fees and other costs of collecting the sums, without further hearing by the board or Commission and without further notice of the recording of said lien, and such lien shall be on a par with general City taxes. (C) The content and form of the notice required by this section shall be approved by the City Attorney. Section 5. That Chapter 100, "Nuisances", Subheading "Abatement Procedures", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Section 100.24, "Abatement by the City", in its entirety, and enacting a new Section 100.24 to read as follows: Section 100.24 ABATEMENT BY THE CITY. Nothing herein shall be construed to prevent the City administration from exercising its discretion to increase or decrease abatement charges based on conditions, costs or bid considerations or to utilize means other than those contemplated in the notice provided for in this chapter to abate the conditions violative of this chapter. - 7 - Ord. No. 9-99 Section 6. That Chapter 100, "Nuisances", Subheading "Abatement Procedures", Section 100.25, "Abatement Bid Procedure", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 100.25 ABATEMENT BID PROCEDURE. The City shall obtain competitive bids pursuant to the City's normal bidding, purchasing and contracting requirements at intervals no less than ~~ every two (2) years for services entailed in carrying out the abatement of nuisances under this chapter. The successful bidder shall be required to provide insurance and bonding as the City deems advisable. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. 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 10. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading - 8 - Ord. No. 9-99 FROM: DIANE DOMINGUEZ, PLANNING AND I SUBJECT: MEETING OF MARCH 16, t999 LDR AMENDMENT RE: SPECIAL ASSESSMENTS The subject amendment repeals Article 8.4 of the Land Development Regulations (LDR), "Public Improvements and Special Assessments" and replaces it with a new Article 8.4 entitled "Special Assessments." The purpose of the amendment, which was prepared by the City Attorney's Office, is to correct deficiencies in the existing regulations and to clarify the procedures and notification requirements associated with the creation of special assessment districts. The major changes included in the ordinance are as follows: n The items for which the City may declare a special assessment are being expanded to include essentially any public improvement; ~3 The type and scope of the resolutions creating the district are clarified; and n Due process and notification requirements are established in conformance with applicable state statutes. Approval of the amendment will facilitate the processing of special assessments, which will allow for the installation of public improvements associated with redevelopment plans, neighborhood plans, and other infrastructure upgrades. Pursuant to LDR Section 2.4.5 (M), Amendment to the LDRs, a positive finding can be made that this amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. The Planning and Zoning Board will consider this item at its meeting of March 15, 1999. The Board's recommendation will be reported to the City Commission at the March 16th meeting. By motion, approve the attached ordinance repealing LDR Article 8.4 "Public Improvements and Special Assessments" and replacing it with a new Article 8.4 entitled "Special Assessments," pursuant to the findings and recommendation of the Planning and Zoning Board. n Copy of Ordinance - /,~ ORDINANCE NO. 10-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "SPECIAL IMPLEMENTATION PROGRAMS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELP, AY BEACH, BY REPEALING ARTICLE 8.4, "PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS", IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 8 . 4, "SPECIAL ASSESSMENTS" , TO CLARIFY THE PROCESS OF MAKING SPECIAL ASSESSMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that special assessments are a valuable funding source for certain improvements; and WHEREAS, the City Commission has determined that special assessments allow funding for certain improvements to be derived from those property owners benefited from such improvements; and WHEREAS, the City Commission has determined to clarify the process of making special assessments; and WHEREAS, the City Commission had determined that it is in the best interest of the public to make this clarification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 8, "Special Implementation Programs", Article 8.4, "Public Improvements and Special Assessments", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby repealed in its entirety, and a new Article 8.4, "Special Assessments", is hereby enacted to read as follows: ARTIC~ 8.4 SPECIAL ASSESSMENTS Section 8.4.1 Authority to Make Special Assessments: (A) The City Commission is authorized, in the manner herein provided, to cause the City or its designated agent to construct, install, repair, or otherwise improve any and all of the following: (1) streets, highways, boulevards, avenues, lanes, alleys, or any part thereof, and (2) curbs, medians, gutters, or other such amenities, and (3) any and all sidewalks, paths, trails, foot bridges or other related travel ways, and (4) associated street lighting, landscaping, signage, street furniture or other related amenities, and (5) on- or off-street parking facilities or related amenities, and (6) sanitary sewers, storm sewers, sewers, drains, swales or related amenities, and (7) walls as a barrier from public roadways, alleys and other public areas, and (8) seawalls, and (9) canals or other waterways, and (10) mass transportation systems, and (11) water mains, water laterals, alternative water systems and other related amenities, and (12) parks and related amenities, and (13) any other public improvements not heretofore enumerated that the City Commission deems appropriate. The City Commission is further authorized and empowered to provide for the payment of the whole or any part of the cost thereof by levying and collecting special assessments upon abutting, adjoining and contiguous or other specially benefited property. The amount assessed against the property benefited by improvements authorized by this subsection shall not exceed the estimated benefits accruing to that property by reason of the public improvements. In addition to other lawful authority to levy and collect special assessments, the City Commission may levy and collect special assessments to fund capital improvements and municipal services, including, but not limited to, fire protection, emergency medical services, garbage disposal, sewer improvement, street improvement, and parking facilities. The City Commission may apportion costs of such special assessments in accordance with Section 8.4.2. - 2 - Ord. No. 10-99 (B) However, parking garages and mass transportation systems shall have the prior approval of affected property owners. If the City is ever in the situation where it is legally obligated for providing capital improvements for water or sewer facilities within an unincorporated area of the county, it may recover the costs of the capital improvements by levying and collecting special assessments for the purposes authorized in this section on the specially benefited property; however, collections of the special assessment shall not take place until the specially benefited property connects to the capital improvement. Section 8.4.2 Method of Makinq Special Assessments: Special assessments upon the property benefited by any public improvement herein authorized shall be by any one of the following methods: (A) By foot frontage of the property bounding or abutting upon the improvement. (B) By any other method, including but not limited to each lot, so long as each property shall receive a special benefit from the improvements. Section 8.4.3 Resolution of Necessity Required: When the Commission shall determine to make a public improvement, then it shall so declare by resolution, stating the necessity for and the nature of the proposed improvements, the location of the proposed improvements, and what part or portion of the expenses thereof shall be paid by special assessments. The resolution shall also state the total estimated cost of the proposed improvements; the method of payment of assessments; the number of annual installments; the lands upon which the special assessments shall be levied; and the anticipated benefits which shall accrue to such lands from the special assessments. (A) Scope and Conditions of Resolution: (1) The resolution required under this section may embrace improvements of like character upon or in more than one highway, and these improvements need not be continuous, but no improvements, except the laying of storm sewers, canals or other open waterways, shall be embraced in any single resolution except such improvements that are related in character or are a part of an integrated plan. The resolution shall designate the boundaries of the district comprising the property which the Commission deems will be specially benefited by the improvement. - 3 - Ord. No. 10-99 (2) The grading of sidewalks may be included in the cost of sidewalk construction, and curbing may be included either with street improvement or with sidewalk construction as the resolution may direct. (3) The estimated cost stated in the resolution required under this section shall include an estimate of the cost of preliminary and other surveys, inspection, and superintendence of the work, the preparation of the plans, specifications, and an estimate of the printing and publishing of notices and proceedings, the preparation of certificates, bonds, and any other expenses necessary or proper, which expenses, except the cost of the work itself, are hereinafter referred to as incidental expenses. (4) The improvements covered by a single resolution may be designated in all proceedings, assessments, or publications by any short or convenient designation, and property against which assessments may be made for the cost of the improvement may be designated as a district followed by a letter or number to distinguish it from other districts. (B) Publication of Resolution: The resolution to be adopted as aforesaid shall be published in a newspaper published in the County, once each week for two consecutive weeks, together with a notice setting forth that the Commission has determined the necessity for the improvements to be made, setting forth the method of assessment to be utilized and setting forth the anticipated benefits that the assessed properties will gain from the proposed improvements, according to the plans and specifications of the proposed improvements on file in the office of the City Clerk. (C) Plans and Specifications: At the time of the adoption of the resolution provided for in this section, there shall be on file with the City Clerk an assessment plat showing the area to be assessed, with plans and specifications, and an estimate of the cost of the proposed improvement, which assessment plat, plans, specifications and estimate shall be open to the inspection of the public. Section 8.4.4 Preliminar~Assessment Roll: Upon the adoption of the resolution aforesaid, the governing authority of the municipality shall cause to be made a preliminary assessment roll in accordance with the method of assessment provided for in said resolution, which assessment roll shall be completed as promptly as possible; said assessment roll shall show the lots and lands assessed and the amount of the benefit - 4 - Ord. No. 10-99 to and the assessment against each lot or parcel of land, and, if said assessment is to be paid in installments, the number of annual installments in which the assessment is divided shall also be entered and shown upon said assessment roll. Section 8.4.5 Publication of Preliminary Assessment Ro11: Upon the completion of said preliminary assessment roll, the City Commission shall be resolution fix a time and place at which the owners of the property to be assessed or any other persons interested therein may appear before the Commission and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved. Thirty days' notice in writing of such time and place shall be given to such property owners. The notice shall include the amount of the assessment and shall be served by mailing a copy to each of such property owners at his or her last known address, the names and addresses of such property owners to be obtained from the records of the property appraiser or from such other sources as the City Clerk deems appropriate, proof of such mailing to be made by the affidavit of the City Clerk, said proof to be filed in the City Clerk's Office, provided, that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two publications a week apart in a newspaper of general circulation published in the County; provided that the last publication shall be at least one (1) week prior to the date of the hearing. Said notice shall describe the areas to be improved and advise all persons interested that the description of each property to be assessed and the amount to be assessed to each piece or parcel of the property may be ascertained at the office of the City Clerk. Such service by publication shall be verified by the affidavit of the publisher and filed with the City Clerk. Section 8.4.6 Final Consideration of Special Assessments: The City Commission shall meet and hear testimony from affected property owners as to the propriety and advisability of making the improvements and funding them with special assessments on property. Following the testimony, the City Commission shall make a final decision on whether to levy the special assessments. The City Commission may adjust the special assessments on property on the basis of the benefit received by the property. Notice of the City Commission meeting concerning the Final Consideration of Special Assessments shall be as provided in Section 8.4.5. - 5 - Ord. No. 10-99 Section 8.4.7 Priority of Lien; Interest; Method of Payment: The special assessments shall be payable at the time and in the manner stipulated in the resolution providing for the improvement; shall remain liens coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid; shall bear interest, at a rate of eight percent (8%) per year. Section 8.4.8 Leqal Proceedinqs: Each annual installment provided for in Section 8.4.7 shall be paid upon the dates specified in said resolution, with interest upon all deferred payments, until the entire amount of said assessment has been paid, and upon the failure of any property owner to pay any annual installment due, or any part thereof, or any annual interest upon deferred payments, the City shall cause to be brought the necessary legal proceedings to enforce payment thereof with all accrued interest and penalties, together with all legal costs on fees incurred, to be assessed as part of the costs and in the event of default in the payment of any installment of an assessment, or any accrued interest on said assessment, the whole assessment, with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment, service of process against unknown or nonresident defendants may be had by publication, as now provided by law. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages; or, in the alternative, said proceeding may be instituted and prosecuted under Chapter 173 of the Florida Statutes. Section 8.4.9 Provisions Declared Supplementary: The City shall have all the powers, privileges and authorities provided by Florida Statute Chapter 170, as the same for making local improvements, and the same shall be an additional and alternative method for making local improvements in the City. Nothing contained herein shall apply to the charging of fees for services and the City retains such power to impose fees for services by ordinance or resolution adopted as required by law. The City also has supplementary authority to impose special assessment liens for the abatement of nuisances in accordance with Chapter 100 of the Code of Ordinances. In addition, the City retains the authority to impose conditions of development and redevelopment, which need not meet the requirements of this chapter. - 6 - Ord. No. 10-99 Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading - 7 - Ord. No. 10-99 IPL'~NI!NG ~ I~N ~ ~I"i'NG MEMoRANDUM "sTAFF REpoRT MEETING OF: MARCH 15, 1999 AGENDA ITEM: IV.G. AMENDMENT TO LDR ARTICLE 8.4 REGARDING SPECIAL ASSESSMENTS ,..11::~ ...... TEM?:BEEORE~ T .... H OA. ...... , .... I{ The item before the Board is an amendment repealing Article 8.4 "Public Improvements and Special Assessments" and replacing it with a new Article 8.4 "Special Assessments." Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations require a recommendation by the Planning and Zoning Board. The City recently created a special assessment district to help pay for improvements to the roads in the Woods of Southridge subdivision. During the course of establishing the district the City Attorney's Office noted several deficiencies in the existing ordinance regarding the procedures by which special assessment districts are created. This amendment is being promulgated by the City Attorney's Office in order to clarify the scope of improvements that can be funded through special assessments, the process of creating the district, and notification requirements. The amendment is being processed for the purpose of clarification and correction of existing regulations. The major changes are as follows: [3 The items for which the City may declare a special assessment are being expanded to include essentially any public improvement that is desired; r~ The type and scope of resolutions creating the district are clarified; and a Due process and notification requirements are established in conformance with state statutes regarding special assessments. Pursuant to LDR Section 2.4.5(M), approval of an LDR amendment requires a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The Future Land Use Element of the Comp Plan identifies several areas of the City for which redevelopment or neighborhood plans are to be prepared. The recently adopted Seacrest/Del.lda Neighborhood Plan and pending P&Z Board Memorandum Staff Report LDR Amendment re: Special Assessments Page-2 plans for areas such as North Federal, Southridge (SW 4th Avenue), Osceola Park, etc., call for infrastructure and other improvements to be made in those specific neighborhoods. Many of these improvements will be funded through special assessments. Adoption of the amendment will facilitate the creation and implementation of special assessment districts and the resulting improvement of redevelopment areas, and in that manner will further the Goals, Objectives and Policies of the Comprehensive Plan. By motion, recommend to the City Commission adoption of the amendment to Article 8.4 of the Land Development Regulations Public Improvements and Special Assessments as attached, based upon a finding that the proposed amendment is consistent with and will further the Goals, Objectives and Policies of the Future Land Use Element of the Comprehensive Plan. Attachments: [3 Memorandum from Assistant Cit7 Attorney Brian Shutt [3 Proposed Ordinance S:Planni/reports/LDRSpecialAssessment O[TY ATTOREEY'S OFFICE 200 NW Is,, AVENUE · DELRAY BEACH, FLORIDA TELEPHONE 56i'~43-~090 * FACSIMILE 561 "'~ Writer's Direct Line: 561/243-7091 DELRAY BEACH Al~America City ~MO~D~ 'lllIJ March4, 1999 1993 TO: Diane Domin~ez, Di~f Plamng and Zo~ng FROM: Brian Shua, Assistant Ciw Attorney SUBJECT: Revisions to Special Assessment Chapter Our office has revised Article 8.4 of the Land Development Regulations concerning special assessments. The following is a list of the major changes: * the items that the City may declare a special assessment for is increased to basically provide that the City Commission may declare a special assessment on any improvement * the process is more clearly stated as to what resolutions are required and the scope of the resolutions * due process and publications requirements are set forth to correspond to the current statutory requirements on special assessments These are the major changes to Article 8.4, "Special Assessments". If you have any questions please call. RECEIVED MAR (I 5 1999 [~LAI'i ~,~ & ZONING