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04-06-99 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING lll-~rimC~ 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, CommissioD 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 thes~ 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 an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you .come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. Ail 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 16, 1999 6. Proclamations: None 7. Presentations: A. .Delray Citizens for Delray Police (Perry DonFrancisco) recognizing the residents of the Del-Aire community for their annual golf tournament to benefit the Police and Fire Departments 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/CONGRESS PARK REPLAT: Approve the final subdivision plat for Congress Park Replat, being a replat of · the northern half of Congress Park as recorded in Plat Book 44 at Pages 194 and 195 of the Public Records of Palm Beach County, Florida, based upon positive findings. The subject property is located on the west side of Congress Avenue, south of Atlantic Avenue. B. RESOLUTION NO. 19-99 (ALLEY ABANDONMENT IN DEL-RATON PARK): Approve a resolution vacating and abandoning an unimproved 10 ft. alley right-of-way lying within Block 26, Del-Raton Park, 'based upon positive findings. The subject property is located west of Frederick Boulevard between La Mat Avenue and Avenue "H", and contains 0.029 acre. C. RESOLUTION NO. 20-99 (EASEMENT ABANDONMENT IN HANOVER SQUARE REPLAT/NOW KNOWN AS WINDY CREEK): Approve a resolution vacating and abandoning a portion of a ten foot wide utility easement within the Hanover Square Replat (Lot 1, Block 4), now .known as the Windy Creek subdivision located on the north side of West Atlantic Avenue at the intersection of Hamlet Drive and West Atlantic Avenue, based upon positive findings. Regular Commission Meeting April 6, 1999 D. RESOLUTION NO. 21-99 (EASEMENT ABANDONMENT IN DELRAY BEACH SHORES SUBDIVISION): Approve a resolution vacating and abandoning a 5' easement within the Delray Beach Shores subdivision (1033 Brooks Lane), based upon positive findings. E. AUTHORIZATION TO PROCEED/EXPANDED GEOTECHNICAL INVESTIGATIONS FOR BEACH NOURISHMENT PROJECT: Authorize Coastal Planning and Engineering, Inc. to proceed with expanded geotechnical investigations for the beach nourishment project at an additional cost not to exceed $105,575.31; with funding from the Beach Restoration Fund (332-4164-572-31.30). The entire cost will be reimbursed from federal, state and county appropriations. F. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL: Authorize staff to submit a grant application to the Children's Services Council for funding in the approximate amount of $155,348 to help fund the After School Program and the summer day camp program. G. ACCEPTANCE OF RIGHT-OF-WAY DEED/CALVARY BAPTIST CHURCH: Accept a right-of-way deed from Calvary Bible Baptist Church conveying 15 feet of right-of-way for S.W. 10th Street to the City for · public roadway purposes. H. LANDSCAPE MAINTENANCE AGREEMENT/LANDMARK CENTER: Approve a landscape maintenance agreement with Craige Furniture Company to allow for the installation of landscaping material in the north/south alley right-of-way at 60-1/2 N.E. 2nd Avenue associated with the Landmark Center development (west side of Pineapple Grove Way/N.E. 2nd Avenue, approximately 150 feet north of East Atlantic Avenue. I. LEASE AGREEMENT FOR SCOUT HUT: Approve a 25-year lease agreement between the City and the Pioneer Boys Association, Inc., as lessee, for the lease of the property commonly known as the Scout Hut located on the north side of Lake Ida Road, west of the Trinity Lutheran Church property, for the purpose of conducting Scout activities. J. .GENERAL RELEASES/DONATION OF POLICE VEHICLES TO C.O.P. PROGRAM: Approve three (3) general releases donating three (3) police vehicles to the Citizens Observer Patrol (C.O.P.) program for use by Woodlake Homeowners Association, High Point of Delray, Section Five, and Pines of Delray Association, Inc.. K. SERVICE AUTHORIZATION ~2/PROFESSIONAL ENGINEERING CONSULTANTS: Approve Service Authorization 92 in the amount of $25,800.00 with Professional Engineering Consultants, Inc. (PEC) for · preparation of a city-wide capital infrastructure needs assessment and integrated capital plan including project prioritization and estimates of cost, with funding from 441-5111-536-31.90 (W&S/Other Professional Services). -3- Regular Commission Meeting April 6, 1999 L. CONTRACT ADDITION/AQUIFER ~AINTENANCE & PERFORMANCE SYSTEMS: Approve a contract addition in the amount of $36,000 with Aquifer Maintenance & Performance Systems, Inc. (AMPS) to increase the annual budget allocation for well rehabilitation and replacement from $30,000 to $66,000.00, with funding from ~442-5178-536-61.82 (R&R - Well Rehabilitation/Replacement). M. EASEMENT DOCUMENTS WITH STATE OF FLORIDA FOR MORIKAMI PARK WATER WELLS AND UTILITY LINES: Approve and authorize the Mayor to execute a Certification and two copies of an easement document wherein the Florida Department of Environmental Protection, Division of State Lands, grants to the City an easement for the construction of water wells and the associated water lines and electrical lines at Morikami Park. N. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $31,045.00 for two (2) income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP) . O. RESOLUTION NO. 18-99: Approve a resolution assessing costs for .abatement action necessary to remove nuisances from eight (8) properties throughout the City. P. RESCIND APPEAL OF SPRAB DECISION/AWNINGS FOR NUTRITION COTTAGE AND MIXED BAG: Rescind the appeal of the March 3, 1999 Site Plan Review and Appearance Board decision regarding the awnings for the Nutrition Cottage and the Mixed Bag located at 407 and 411 East Atlantic Avenue. Q. .REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 15th through April 2, 1999. R. AWARD OF BIDS, AND CONTRACTS: 1. Contract award in the amount of $523,251.00 to Insituform Technologies, Inc., via an existing Broward County contract, for trenchless rehabilitation of the gravity sewer system serving Lift Station 5, with funding from 442-5178-536-63.51 (R&R/Sewer Mains). 2. Contract award in the amount of $15,530 to Murray Logan Construction, Inc., via an existing Palm Beach County contract, to provide labor and equipment for the rehabilitation of Lift Station 52 (the City will provide all materials), with funding from 442-5178-536-61.83 (R&R/Lift Station Conversion to Submersible). 3. Purchase award in the amount of $60,559.00 to Perkin Elmer, via GSA contract, for the purchase of an Atomic Absorption Instrument for the Water Treatment Plant. This is an accelerated replacement purchase for Year 2000 -4- Regular Commission Meeting April 6, 1999 compliance, with funding from 442-5178-536-61.76 (R&R/Equipment Replacement Program). 4. Contract renewal with Chemical Lime Company, via City of Boynton Beach co-op bid, for the purchase of bulk quicklime for the Water Treatment Plant at an estimated annual cost of $264,762.00, with funding from 441-5122-536-52.21 (Water Treatment & Storage/Chemicals) out of the FY 2000 budget. 5. Contract renewal with Jones Chemical Inc., via City of Boca Raton co-op bid, for the purchase of liquid chlorine for the Water Treatment Plant at an estimated annual cost of $58,750.00, with funding from 441-5122-536-52.21 (Water Treatment & Storage/Chemicals) out of the FY 2000 budget. 6. Purchase award in the amount of $23,757.75 to Otto Industries, Inc. for the purchase of 581 Otto MSD-682 (68 gallon) garbage carts, with funding from 443-3711-534-49.35 (Cart Renewal & Replacement). 7. Ratification of emergency purchase in the amount of $14,200 to Florida Diesel Truck and Marine Services, Inc. for the repair of Fire Department Vehicle #9250, a 1992 Pierce Ladder Truck, with funding from 501-3311-591-52.52 (City Garage - Outside Services). 9. Regular Agenda: A. CONDITIONAL USE REQUEST/CREATIONS OF PINEAPPLE GROVE (BAZAAR IN .THE FORMER WINN DIXIE BUILDING: Consider a request for conditional use approval to allow the establishment of a bazaar (Creations of Pineapple Grove) within the former Winn Dixie building located at the northeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street. QUASI-JUDICIAL PROCEEDING B. PROMOTIONAL CONTRACT WITH DISCOVER PALM BEACH COUNTY, INC. d/b/a CONVENTION AND VISITORS BUREAU: Consider approval of a 'Contract for Consulting/Professional Services between Discover Palm Beach, Inc. d/b/a Convention and Visitors Bureau and the City to promote tourism in Palm Beach County in association with the tennis tournament to be provided under the City's agreement with Matchpoint, Inc. C. AMENDMENT #1 TO AGREEMENT WITH MATCHPOINT, INC. D. SPECIAL EVENT REQUEST/CYSTIC FIBROSIS FOUNDATION 10K WALK: Consider a request from the Cystic Fibrosis Foundation for special event approval to hold a 10K health walk on Saturday, May 15, 1999, including temporary use permit for use of City rights-of-way, staff assistance, parking fee waiver and 50/50 split of overtime costs. Regular Commission Meeting April 6, 1999 E. SPECIAL EVENT REQUEST/1ST ANNUAL GARLIC FESTIVAL: Consider a request for special event approval to hold the 1st Annual Garlic Festival on Saturday and Sunday, October 16 and 17, 1999, including a temporary use permit for use of City rights-of-way, a waiver to allow signs more than one week prior to the event, staff support and 50/50 split of overtime costs. F. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Consider a request for special event approval to hold a Cinco De Mayo Fiesta at the Ocean City Lumber complex on Sunday, May 2, 1999, including use of the large City stage, staff support for security and waiver of overtime costs. G. DEED OF CONSERVATION EASEMENT & AGREEMENT FOR RESTORATION/ MITIGATION/THE ESTUARY: Consider approval of the Deed for Conservation Easement granting to the South Florida Water Management District a perpetual conservation easement over the City-owned parcel of land to be used as a mitigation area for The Estuary project, together with an agreement between the City and Delray Estuaries, L.C. as to the initial and future maintenance requirements of the mitigation area. COMPREHENSIVE FACILITY ASSESSMENT/RANKING FOR ATLANTIC HIGH SCHOOL MODERNIZATION FUNDING: Consider accepting the Education Board's recommendation to support a ranking of second or third for modernization funding for Atlantic High School, and authorize forwarding same to the Palm Beach County School Board. I. SERVICE AUTHORIZATION ~4/ECKLER ENGINEERING: Consider approval of Service Authorization #4 in the amount of $14,000 to Eckler Engineering for consulting services necessary to prepare an engineering report analyzing the force main network associated with Lift Station 80, with funding from 442-5178-536-31.30 (R&R/Engineering & Architectural). J. PURCHASE AWARD TO TURNER OUTDOOR EOUIPMENT FOR TWO TRACK MOWERS: Consider approval of a purchase award in the amount of $13,083.04 to Turner Outdoor Equipment (second .iow quote) for the purchase of two (2) John Deere track mowers to replace existing mowers in the Water and Sewer Maintenance Division, with funding from 442-5178-536-61.76 (R&R/Equipment Replacement Program). K. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint three (3) regular members and two (2) alternate members to the Nuisance Abatement Board, all for two year terms ending March 31, 2001. The regular member appointments will be made by Commissioner Schmidt, Commissioner Archer and Commissioner Wright, while the alternate member appointments will be made by Commissioner Randolph and Mayor Alperin. -6- Regular Commission Meeting April 6, 1999 10. Public Hearings: 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. 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. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. .From the Public. 12. First Readings: A. ORDINANCE NO. 15-99: An ordinance rezoning a parcel of land from R-1-A (Single Family Residential) to CF (Community Facilities) District for an expansion of Bar and Ferg's Academy, a private school facility. The subject property is located on the south side of Sterling Avenue, approximately 150 · feet west of South Swinton Avenue, and contains 0.70 acres. If passed, a quasi-Judicial public hearing will be scheduled for April 20, 1999. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR ~1:~ MEETING '~1111 APRIL 6, 1999 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. 1993 COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 7: Presentations: B. Delray Camera Club Photography Exhibition Awards "Palm Beach County Showcase" presentation by Mayor Alperin. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~A' - REGULAR MEETING OF APRIL 6, 1999 FINAL PLAT APPROVAL/CONGRESS PARK REPLAT DATE: MARCH 30, 1999 This is before the City Commission to approve the final subdivision plat for Congress Park Replat. It is a replat of the northern half of the Plat of Congress Park as recorded in Plat Book 44 at Pages 194 and 195 of the Public Records of Palm Beach County. The subject property is located on the west side of Congress Avenue, south of Atlantic Avenue. The replat is a condition of approval granted by the Site Plan Review and Appearance Board in August, 1998, for a proposed office development which will include one existing building and four new office buildings. Ail technical and staff comments have been addressed. Recommend approval of the final subdivision plat for Congress Park Replat. ref:agmemo6 Agenda Item No. ufl ' AGENDA REOUEST Date: Mar. 19, 1999 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda When: Apr. 6, 1999 Description of item (who, what, where, how much):Approval of the Subdivision Plat for Congress Park Replat. Staff comments have been ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Subdivision Plat for Congress Park Replat, ~~ ~~ Department head sig//ature: ~ ~--~'~ 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 Account Balance City Manager Review: Approved for agenda: ~/NO~ Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-Congress Park North file:s/engadmin/tac/congrdpk/ag040699.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: Barron Caronite, P.E., Asst. City Engineer'~~ DATE: March 19, 1999 SUBJECT: Subdivision Plat-Congress Park Replat Please find the a agenda request for Commission approval of the subdivision plat for Congress Park Replat attached. I have also enclosed a location map, and a reduced copy of the plat. The site is located just Southwest of intersection of Atlantic Avenue and Congress Avenue. Site plan approval was granted on August 18, 1998 by the Site Plan Review and Appearance Board. The subdivision plat is a replat of the Northern half of Congress Park and consists of four proposed office buildings and one existing office building. If this meets with your approval, please place it on the April 6, 1999 Commission meeting for Commisison approval. File: S:lengadminltaclcongrspklagmemo.doc cc: Randall Krejcarek, P.E., City Engineer Janet Meeks, Planning/Zoning Paul Dorling, Planning/Zoning TAC: Congress Park North THRU: DIANE DOMINGUEZ, DIRECT(~ OF PLANRIRG ~'ND ZONING ~ ~ FROM: JASMINALLEN, PLANNER/g~2/)~'~/'/ ~ SUBJECT: MEETING OF APRIL 6, 1999 *CONSENT AGENDA* ABANDONMENT OF THE ALLEYWAY LYING WITHIN BLOCK 26, DEL RATON PARK, LOCATED WEST OF FREDERICK BOULEVARD, BETWEEN LA MAT AVENUE AND AVENUE H AND ACCEPTANCE OF A REPLACEMENT EASEMENT The request involves abandoning a 10' wide alley extending from La Mat Avenue on the north to Avenue H on the south and the dedication of a replacement easement to cover existing utilities. On either side of the north portion of the alley a single family residence has been constructed. The parcels adjacent to the south half of the alley are vacant. Theabandonment request was submitted by the owner of the vacant lots who intends to aggregate the parcels as one development project. The right-of-way is unpaved, however it contains utility services for Bell South, Adelphia Cable and Florida Power and Light. Along the north 65' of the alley, the utility lines encroach within the side yard of the lots located on the east side of the alley. As the utility line is located outside of the platted alleyway it is not now, nor will it be covered by an easement as the owner of those lots ~s not a party to the abandonment request, and the provision of an easement on private property can not be required through this abandonment process. A 30' portion of a perimeter fence and concrete patio for thesingle family residence located on the east side of the alley encroaches 5' 2" and 4' respectively into the alley. Upon abandonment the perimeter fence will encroach 2" into the adjacent property. In order to eliminate the 2" encroachment the property owner could purchase the affected area from the abutting property owner or relocate the fence. The abandonment of the alley will not result in a loss of access to the abutting single family residences. At its meeting of March 15, 1999, the Planning and Zoning Board considered the request at a public hearing. There was no public testimony regarding the abandonment request. After reviewing the staff report and discussion, the Board voted 6 to 0 to recommend approval, subject to the dedication of a replacement easement to cover existing utilities. By motion, approve the abandonment of the alleyway and accept a replacement easement to cover the existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: Resolution No. 19-99 P&Z Staff Report of March 15, 1999 ~r".""'~/2' RESOLUTION NO. 19-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PART OF A TEN FOOT WIDE NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING WITHIN BLOCK 26, DEL RATON PARK, BOUNDED BY LA MAT AVENUE ON THE NORTH AND BY AVENUE "H" ON THE SOUTH, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of that part of a ten foot wide north/south alley right-of-way lying within Block 26, Del Raton Park, as the same is more particularly described herein; and WHEREAS, the application for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O) (3) (e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed this petition at a public hearing on March 15, 1999, and v~ted unanimously to recommend approval of the abandonment, based upon positive findings pursuant to LDR Section 2.4.6(0)(5) and subject to conditions; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right-of-way for roadway purposes based upon positive findings pursuant to LDR Section 2.4.6(0) (5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property for roadway purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, more particularly described as follows: That part of a ten foot wide platted alley bounded on the south by the north right-of- way line of Avenue "H" bounded on the west by Lots 17 and 28, Block 26, bounded on the north by the south right-of-way line of La Mat Avenue, bounded on the east by the west lines of Lots 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27, Block 26 of DEL RATON PARK, Plat Book 14, Pages 9-10, as recorded in the Public Records of Palm Beach County, Florida. Containing 0.029 acre, more or less. PASSED AND ADOPTED in regular session on this the 6th day of April, 1999. ATTEST: · /City Cl~rk -- ' 2 Res. No. 19-99 TOYOTA i :'-~ , way R DELRA Y ~ KIA ~ ~ A Y LA-~A T A~NUE , DELRA Y ~ TO YO TA GARDENIA DR. MORSE SA TURN --SITE , ' HYACINTH DUMAR EAS TVIEW MOBIL E P L A ZA VIL L A GE HOMES ~ / SHER WOOD ' ~~~ HONDA / DELRA Y SHOPPING ,, TROPIC JASMINE DR MOBILE CENTER VIEW HOMES ~ **~ ~ 0~.A~ e~Ac., rL (10' No~Sou~ ~le~ay, Block 26, Del Raton Pa~) P~NING ~ Z~NG DEP~TM[NT PLANNING AND ZONINGBOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 15, 1999 AGENDA ITEM: ~V.C. ITEM: Abandonment of Alleyway Lying Within Block 26, Del Raton Park, Located West of Frederick Boulevard, Between La Mat Avenue and Avenue H. GENE~L DATA: - ApplicanffAgent ....................... Carl M. Polli Location ........... West of Frederick Boulevard, be~een ka Mat ; '~ Avenue and Avenue H Designation ............................. Transitional . Adjacent Zonin~ ............ ~o~h:East: RM"M South: RM West: RM ouu~ Existing Land Use ................... Unimproved 10' alle~ay ~z~~ ~LLAGE Proposed Land Use ................ Abandonment of alle~ay to be incorporated within ~ ,:' ' ,..'.~ ~, tho abu~in~ lots. Water Se~ice ......................... N/A. Sewer Sewice ......................... N/A. ~ ~ DELRA Y ,, ~HOPPING ; TROPIC CEN ~R A~NU~ L The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a north-south alley lying within Block 26, DeI-Raton Park. The subject alley is located on the south side of La Mat Avenue, approximately 115 feet west of Frederick Boulevard. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The alleyway extends from La Mat Avenue on the north to Avenue "H' on the south and was dedicated with the recordation of the DeI-Raton Park subdivision in May 1926. The alleyway is not improved and does not provide access to the abutting lots. Overhead utility lines and a portion of the perimeter fence and concrete patio for the single family residence located at 610 La Mat Avenue (Lots 23 thru 27) have been erected within the alleyway. The area proposed for abandonment is a 10' wide unimproved alley consisting of 2,500 square feet (10' x 250') running between Lots 17 and 28 on the west side of the alley and Lots 18 through 27 on the east side. On either side of the north portion of the alley a single family home has been constructed. The parcels adjacent to the south half of the alleyway are vacant. A development proposal was approved by the Site Plan Review and Appearance Board on July 8, 1998, to allow the construction of a 3-unit townhouse building on the vacant parcel located on the east side of the alley. Subsequent to the Board's approval the site was purchased by the owner of the adjacent vacant parcel (west side of the alley). The abandonment request was submitted by the owner of the vacant lots who intends to aggregate the parcels as one development project. The abandonment area is 10 feet wide. Pursuant to LDR Section 2.4.6(O)(1), public right-of-way dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels when abandoned. Accordingly five feet will revert to the owners of the parcels on either side of the alley. The entire alley will be incorporated into the vacant parcel for one development project. Planning and Zoning Board Staff Report Abandonment of Alleyway within Block 26, DeI-Raton Park Page 2 Improvements in the Alley A 30' portion of the perimeter fence and concrete patio for the single family residence located on the east side of the alley encroaches 5' 2" and 4' respectively into the alley. Upon abandonment the perimeter fence will encroach 2" into the adjacent property. In order eliminate the 2" encroachment the property owner could purchase the affected area from the abutting property owner or relocate the fence. Utility Services No water or sewer facilities are located within the alleyway. The Environmental Services Department and Fire Department have reviewed the request and have no objection. An existing overhead utility line running north to south contains Bell South, Adelphia Cable, and Florida Power and Light services. The overhead utility lines straddle the east right-of-way line of the platted alleyway. However along the north 65' of the alley, the utility lines encroach within the side yard of the lots located on the east side (outside of the platted alley right-of-way). Additionally, no easements currently exist to cover this portion of the utility service. While the dedication of a replacement easement (which will coincide with the area being abandoned) will be required as a condition of approval, the utility line which is located outside of the right-of-way is not now, nor will it be covered by an easement. Bell South, Adelphia Cable and Florida Power and Light have reviewed the request and have no objections provided replacement easements are dedicated. The Florida Public Utilities has reviewed the request and has no objection as there are no gas lines within this alleyway. Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Currently, FPL, Bell South and Adelphia services are located within the alley. Continuation of the utility services will be maintained with the dedication of a replacement easement which is attached as a condition of approval. Planning and Zoning Board Staff Report Abandonment of Alleyway within Block 26, DeI-Raton Park Page 3 B) That the abandonment does not, nor will not, prevent access to a lot of record. The alley is unimproved and is not used as a primary means of access. All abutting lots will continue to have frontage on and access to public rights-of- way via La Mat Avenue, Frederick Boulevard or Avenue "H" (not improved). C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. The north/south overhead utility lines located within the abandonment area will be accommodated by an easement to the same extent that is provided by the right-of-way. The alleyway is currently not used for access and at 10' in width is not sufficient to accommodate two-way travel even if it were improved. The abandonment will not result in a detriment to the provision of access to the abutting properties. The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations: Tropic Bay Condominium Association Tropic Isles Homeowner Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any will be provided at the Planning and Zoning Board meeting. As the alleyway is unimproved and there are no plans for its improvement, its intended use is limited. The purpose of the abandonment is to incorporate the vacated area within the abutting lots of the vacant parcels on the south half of the alleyway_~ Replacement easements will be required to cover existing Bell South, FPL and Cable TV services. As stated above, the abandonment of the alley Planning and Zoning Board Staff Report 'Abandonment of Alleyway within Block 26, DeI-Raton Park Page 4 will not result in a loss of access to the abutting single family residences. The utility line which is located outside of the platted alleyway is not now, nor will it be covered by an easement as the owner of those lots is not a party to the abandonment request, and the provision of an easement on private property can not be required through this abandonment process. 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5). 3. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). By motion, recommend to the City Commission approval of the abandonment of the north/south alley within Block 26, DeI-Raton Park, based upon positive findings with respect to LDR Section 2.4.6(0)(5), with the condition that a replacement easement be provided over the entire alleyway to cover the existing overhead utility lines. Attachments: · Reduced survey · Location map exhibit TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNI FROM: CLAIRE LYTE-GRAHAM, PLANNE SUBJECT: MEETING OF APRIL 6, 1999 **CONSENT AGENDA** ABANDONMENT OF 10' EASEMENT WITHIN HANOVER SQUARE SUBDIVISION REPLAT (KNOWN AS WINDY CREEK) i iBACKGROUND AND ANALYSIS The action requested of the City Commission is approval of the abandonment of a portion of a 10' utility easement located in the rear of Lot 1, Block 4 of Hanover Square Replat Subdivision (now known as Windy.Creek). The subject property is located on the north sideof N.W. 2nd Street north of W. Atlantic Avenue. The lot is currently developed with a one story single family residence. A 2' landscape easement and chain link fence run along the west property line. The property owner is requesting the abandonment to accommodate the construction of a pool in the rear yard. The abandonment area is located 29' north of the rear (south) property line. The utility easement was originally located outside of the subject lot and within a common tract area (Tract C). A replat of the subdivision to accommodate zero lot line development in 1990 resulted in conveyance of a portion of Tract C and the utility easement to adjacent lots, and the modification of lot lines. The easement was not abandoned with the replat due to existing utilities within portions of the easement. However, this request is not affected as there are no services within this segment of easement to be be abandoned. The City's Environmental Services Department reviewed the request and has no comments. All utility companies were contacted (Florida Public Utilities, FPL, BellSouth, and Adelphia Cable), and there are no objections as none of these companies have services within the abandonment area. Prior to the granting of an abandonment the following finding must be made: · That the abandonment will not result in detriment for the provision of services to adjacent properties or the general area. The City's Environmental Services Department and utility companies contacted have no objection to the abandonments as there are no services in the easement. No disruption of services to adjacent parcels is anticipated. Planning and Zoning Board review is not required for the abandonment of easements. I : RECOMMENDED ACTION , I By motion, approve the abandonment of the 10' utility easement within Lot 1, Block 4, Hanover Square Replat (Windy Creek) through the enactment of Resolution 20-99. Attachments: · Location Map, Survey, and Hanover Square Subdivision Replat ..,, .,, RESOLUTION NO. 20-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A CERTAIN TEN FOOT WIDE UTILITY EASEMENT WITHIN HANOVER SQUARE REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 75, PAGE 88 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of a certain ten foot wide utility easement within Hanover Square Replat, according to the Plat thereof recorded in Plat Book 75, Page 88 of the Public Records of Palm Beach County, Florida; and WHEREAS, the application for abandonment of said utility easement was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(P) (3) (c), the City Engineer has forwarded the application to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(P) (5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said utility easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: A legal description vacating a portion of a certain 10.00 foot wide utility easement, along with a legal description realigning said easement, being contained in the Plat of Hanover Square as platted in Plat Book 48, Pages 192 and 193, and being replatted in the Hanover Square Replat (Lot 1, Block 4), as recorded in Plat Book 75, Page 88, both of the Public Records of Palm Beach County, said vacation being described as follows: Commence at the intersection of the Northeast corner of Lot 1, Block 4 and the right-of-way of N.W. 2nd Street; thence run South 00 degrees 22'00" East, along the East line of said Lot 1, 115.76 feet to the Point of Beginning; thence continue South 00 degrees 22'00" East, 10.00 feet; thence South 89 degrees 38'00" West, 50.00 feet, to a point on the West line of said Lot 1; thence North 00 degrees 22'00" West, along the West line of said Lot 1, 10.00 feet; thence North 89 degrees 38'00" East, 50.00 feet to the Point of Beginning. Containing 500 square feet, more or less. PASSED AND ADOPTED in regular session on this the 6th day of April, 1999. ATTEST: - /-City C~rk ~ 2 Res. No. 20-99 .J ~_ ~, r~ b.J ~ 0 Z m MAURIC£ DRIVE ~ & 'n _ ( : ~. HAMLET WEST ATLANTIC AVENUE S.R. 806 ~--~--~- ~ - ABANDONMENT- a~ ~ o~ e~c,. rL (10' Utili~ Easement, Lot 1, BIo~ 4, Hanover ~uare) PLANING ~ Z~ING DEPAR~ENT TO: DAVID T. HARDEN, CITY MANAGER I BACKGROUND AND ANALYSIS :: I I I The action requested of the City Commission is approval of the abandonment of a portion of a 5' easement located along the rear (north) lot line of Lot 58, located within Delray Beach Shores Subdivision. The subject property is located on the north side of Brooks Lane, approximately 215' west of A-1-A. A single family home exists on the lot, and its rear lot line lies adjacent to the yacht basin. A 2' wide concrete seawall bncroaching into the subject easement is located along the rear (north) property line, and a wood deck abuts the seawall. Overhead utility lines exist along the south and east property lines. The property owner is demolishing the existing structure and requesting the abandonment to accommodate the construction of a new residence. The subdivision plat does not indicate what type of easement was dedicated. However, all of the lots within this subdivision abut a canal or the Intracoastal Waterway. In addition, all lots abutting a canal contain a 5' easement along the adjacent property line. The same 5' easement separates abutting properties with frontage on A-1-A. Given the above, it is possible this easement was originally intended for seawall maintenance or drainage purposes. FINDING Prior to the granting of an abandonment the following finding must be made: · That the abandonment will not result in detriment for the provision of services to adjacent properties or the general area. The City's Environmental Services Department reviewed the request and has no comments. All utility companies were contacted (Florida Public Utilities, FPL, BellSouth, and Adelphia Cable), and there are no objections as none of these companies have services within the abandonment area. I' ,, P__~NNING AND Z,ONING: .BOARD CONSIDERATION ,, , Planning and Zoning Board review is not required for the abandonment of easements. RECOMMENDED ACTION , , By motion, approve the abandonment of the 5' easement within Lot 58, Delray Beach Shores Subdivision through the enactment of Resolution 21-99. Attachments: · Location Map · Survey · Delray Beach Shores Subdivision Plat RESOLUTION NO. 21-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A FIVE FOOT EASEMENT WITHIN LOT 58, DELRAY BEACH SHORES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 167 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS the City of Delray Beach, Florida, received an application for abandonment of a five foot wide easement within Lot 58, Delray Beach Shores, according to the Plat thereof recorded in Plat Book 23, Page 167 of the Public Records of Palm Beach County, Florida; and WHEREAS, the application for abandonment of said utility easement was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(P) (3) (c), the City Engineer has forwarded the application to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(P) (5), finds that the abandonment will not result in detriment for the provision 'of services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177. 101 (5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: The North 5 feet of Lot 58, DELRAY BEACH SHORES, according to the Plat recorded in Plat Book 23 at Page 167 of the Public Records of Palm Beach County, Florida. Said Lot 58, DELRAY BEACH SHORES, is located on the north side of Brooks Lane (1033 Brooks Lane), approximately 215 feet west of State Road A1A. PASSED AND ADOPTED in regular session on this the 6th day of April, 1999. ATTEST: -2- Res. No. 21-99 .. TilE NORTH 5j FEET OF LOT $8 ' .--__ DELRA Y BEACH .,SHORES. According to the plat recorded in Plat Book 23 Page,167, recorded in th~ p~blic records of Palm Beach Count; said hand :it-~% ~ing, woo~ 75' CANAL h LOT 57 ~ LOT 58 m LOT 59 I - I 75.00' Certified To: Not vali~ unless Renner, Burgess, Inc. sealed with embossea Authorization Number LB6504 _~.'~."~ls 1 S.E. 4th Ave., Suite 205 surveyor's seal  Delray Beach, FL 33483 I hereby/ petrify t,~at the Boundary Survey shown hereon i/Ph°ne 561'243'4624 meetslt~"mini~'m technical standards set f°rth in Chapter 61G17'6',-~.,,. Fax 243-4869 Florid~l:'l.dministFativeylCode 17f/fsuant to Section 472.027, Florida West Palm Fax 735-7641 : iiinrlI Toll Free 1-800-773-5531 ~.w~/Uff~ LEWIS COVE < ~RooKs LN. EA~ HARBOUR~ SIDE ~ -J WHITE DR. HARBOURS EDGE o ATLANTIC o DUNES RHODES -VILLA AVE. PARK DEL-HAVEN DR. HARBOURS EDGE LIN ON BOULEVARD , W ~ - ABANDONMENT- CiTY OF D£LRAY E~EACH, FL (5' Easement, Lot 58, Delray Beach Shores) PLANNING & ZONING DEPARTMENT -- D/GIT, Al. ~E II~AP ~c~'EM -- MAP REF: LM331 TO: David T. Harden, City Manager THRU: Diane Do,,,~ngu~ez, ~recto, r of Planning and Zoning FROM: Paul Dorling, Principal P,l~tner SUBJECT: MEETING OF APRIL 6, 1999 ** CONSENT AGENDA** AUTHORIZATION TO PROCEED - EXPANSION OF CURRENTLY APPROVED GEOTECHNICAL INVESTIGATIONS FOR THE BEACH NOURISHMENT PROJECT. This proposal expands the existing geotechnical investigation approved by City Commission on April 7, 1998 which authorized expenditures of up to $99,575. The expanded study will allow for additional offshore sand sources to be located for use in future beach renourishment projects (post 2000). The expanded study will include the addition of a comprehensive bathymetric survey of the entire study area, a jet probe investigation to optimize vibracore placement, doubling of the number of vibracore samples from 15 to 30 cores and report preparation. This work will be required for the post year 2000 renourishment projects and there is an opportunity to save money by conducting the work at this time. The additional vibracores will be obtained at the same time the previously approved cores are extracted, saving mobilization and demobilization costs. Further, this work can be conducted utilizing previously appropriated state funds which are reimbursed to the City at 75% of the non-federal share, rather than out of future appropriations which are likely to be reimbursed at 50% of the non-federal share. Funds for this item are available in the Beach Restoration Fund. The entire cost will be reimbursed from Federal, State and County appropriations. By motion, approve authorization for Coastal Planning & Engineering, Inc. to proceed with the expanded geotechnical investigations for the Beach Nourishment Project, at a cost not to exceed $105,575.31 (as detailed in the attached correspondence from Coastal Planning & Engineering, Inc) bringing the total allocated for geotechnical investigation to $205,150.62. Attachment: Letter from CPE S:\adv\beach\Geo3 COASTAL & OCEAN ENGINEERING COASTAL SURVEYS BIOLOGICAL STUDIES COASTAL PLANNING & ENGINEERING, INC. G OTECHNICALSE VICES 2481 N.W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431 (561) 391-8102 Fax: (561) 391-9116 Internet: http://www.cpeboca.com E-mail: mail@cpe.dynip.com 4819.07 March 3, 1999 Mr. Paul Dorling City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: PROPOSAL TO EXPAND THE GEOTECHNICAL INVESTIGATIONS TO LOCATE ADDITIONAL SAND FOR THE BEACH RENOURISHMENT PROGRAM Dear Paul: This is a proposal to expand the existing geotechnical investigation to locate beach renourishment sand offshore of the City of Delray Beach. 'rhe expanded study will allow for the delineation of additional offshore sand sources for use in the upcoming and future beach renoufishment projects. The expanded geotechnical study will benefit the City by utilizing existing State funding available at a 75% State cost sharing level. Future State cost sharing will drop to the 50% level, requiring more City funding to conduct geotechnical investigations to locate beach sand. The expanded geotechnical investigation will allow for locating sand for the next renourishment, scheduled in the year 2000, and future renourishments, depending on the volume of sand located. Additionally, the unit cost to obtain sand vibracores will be reduced because mobilization and demobilization costs for specialized vibracoring equipment is addressed in the original geotechnical investigation approval. The proposed expanded geotechnical investigation will identify readily-accessible sand resources directly offshore of the project area. The expanded geotechnical investigation will be conducted in combination with the originally-approved study, as authorized on April 7, 1998. The expanded study includes the addition of a comprehensive bathymetric survey of the entire study area (Task A) and of a jet probe investigation (Table B). Tasks A and B will provide information to optimize vibracore placement. The number of vibracores will be doubled from 15 to 30 cores to enlarge the area for locating sand (Task C). Lastly, Task D addresses the expansion of the geotechnical investigation report to include the bathymetric, jet probe and additional vibracoring investigations. Based on the results of the expanded study, the City may wish to pursue a permanent easement with the State of Florida to guarantee the availability of the sand for future beach maintenance. Task A-Bathymetric Survey: The initial task of the expanded study will be to conduct a bathymetric survey of the offshore geotechnical investigation zone between the approximate 30 foot offshore depth contour and the offshore barrier reef, located in 50 to 60 feet of water. A total of approximately 50 line miles will be surveyed to conduct the bathymetry. The survey area will cover an approximate area 3,500 feet wide by 19,000 feet long, or about 1,520 acres in area. Survey tracklines will be run east-west at a 250-foot line spacing to provide for complete coverage of the study area. 4819.07 March 3, 1999 Page 2 The data obtained from the bathymetric survey will be used to develop a current bathymetric contour map. Presently, an accurate chart of the area dredged for the 1992 beach renourishment project does not exist. Using the updated bathymetry, we will modify 1987 isopach (sediment layer) maps to account for sediment dredged for the 1992 beach renourishment project. The areas dredged in 1992 will be evidenced by deeper depths than the adjacent ocean bottom. From this information, we will be able to determine if the 1992 borrow area still contains sand resources for beach renourishment. The isopach maps also incorporate the results of a previous side scan sonar survey, delineating ocean bottom features such as hardbottom, rubble areas, sand areas, and wrecks. Task B-Jet Probe Survey: Utilizing the refined bathymetric and isopach charts, a plan will be developed to conduct jet probes and to investigate and verify ocean bottom conditions for potential vibracoring sites. Jet probes will be conducted by divers using a compressor and probe system. A twenty-foot long probe will be jetted into the ocean sediment at thirty sites to measure the depth of the layer of unconsolidated material. This information will be used to confirm seismic data which, in turn, is required to determine placement of the vibracores in the potential borrow areas. Final positioning of the vibracores will be based, in part, on the results of the seismic data and jet probe surveys. Additionally, during the probing operation, sand at depth will be jetted to the surface for informal evaluation as to the beach compatibility of the sand deposit at each jet probe site. Task C-Vibracores: Based on the information provided by the modified isopach, side scan sonar, bathymetry and jet probe results, fifteen (15) additional vibracores will be obtained within the study area. The approved geotechnical study also provided for 15 vibracores, increasing the total number of cores to 30. The vibracores will be positioned to maximize the level of confidence for prediction of the sediment composition. A ship will be brought to the site and used as the platform for the vibracoring unit. The vibracoring unit will be lowered to the ocean bottom at each site, and a coring tube vibrated into the sand bottom. The core will be extracted from the sediment and lifted on-board the vessel. Each core will be divided longitudinally. The sediment layers of each core will be sampled, analyzed and core logs will be prepared for each core. Sediment grain size analysis will be performed on an average of three samples per core, or forty-five samples total for the 15 additional vibracores. Based on the analysis, potential borrow areas will be identified. Task D-Geotechnical Report: The results of the additional analysis of the sediment cores, jet probes, isopach, and bathymetry will be presented in a report. The report will include grain size analysis results, the composite grain size for the borrow areas and estimate of shell and rock content. Core logs and jet probe logs will be incorporated into the report appendices. Comprehensive isopach and bathymetric maps will be provided, referenced to the Florida State Plane Coordinate System. The borrow areas proposed for use for future beach renourishment will be delineated in the report. The report will be submitted to the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection as part of the permit and borrow area approval process. The fee to conduct the comprehensive study and identification of available offshore sand resources is $105,779.60. A detailed spreadsheet providing a breakout of fees is attached for your review. COASTAL PLANNING & ENGINEERING, INC. 4819.07 March 3, 1999 Page 3 If you should have any questions, please do not hesitate to call me. Sincerely, /~ST ,~ PLA~G AND ENGINEERING, INC. (/~~i ni Vice President cc: John Walker Jeff Andrews Craig Kruempel Earl Soeder Norm Beumel Tom Campbell Lori Dalessio wp61 docs\palmbch\delray\481907.prp COASTAL PLANNING & ENGINEERING, lNG. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~./~ - REGULAR MEETING OF APRIL 6, 1999 GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL DATE: MARCH 30, 1999 Staff is requesting authorization to submit a grant application to the Children's Services Council (CSC) for funding in the approximate amount of $155,348 in support of our after school program and the summer day camp program. This will be the second year of the CSC's three year funding commitment to this program. Services are provided to 400 children at four sites (Pompey Park, the Community Center, the Full Service Center and Pine Grove School of the Arts) during the school year. An additional 120 children participate in the summer day camp program. I recommend that staff be authorized to submit the grant application. ref:agmemo7 Agenda Item No.: AGENDA REQUEST Date: March 22, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: April 6, 1999 Description of agenda item (who, what, where, how much): Request approyal to apply for fundinK from Children's Services Council in the approximate amount of $155.348 for our After School Pro~ram and summer day camp proKram. ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Approval. Determination of Consistency !ilth 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: Ac t ion: Approv ed / D i s approved £1T¥ OF DELRI:I¥ BER£H DELRAY BEACH  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561)243-7000 AII-Americal~ity 1993 TO: David Harden City Manager FROM: Joe Dragon Assistant Director of Parks and Recreation THROUGH: Joe Weldon ~ Director ofparks and Recreation SUBJECT: Children's Services Council DATE: March 22, 1999 The Parks and Recreation Department is currently preparing its budget for the second year of funding from the Children's Services Council for our after school program. We plan to operate basically the same as this past year, viz. to serve 400 children at four sites during the school year, and an additional 120 children as part of our summer day camp program° CSC funding will amount to approximately $155,348. Attached is the agency certification requirement for City Commission to approve so that we can continue to move forward in our application process. Please place this on the April 6, 1999 agenda for City Commission consideration, and call if you have any questions regarding this matter. As~stant D~/rector of Parks and Recreation At t achment JD: cp Ref :dhjdcsc THE EFFORT ALWAYS MATTERS Printed on Recycled Paper Children's Services Council of Palm Beach Count?' 1999.2000 B~c Program Application Page: 10 PROGRAM FORM D - AGENCY CERTIFICATION In submitting this application to CSC (Agency Name) certifies that: 1. The agency board of directors has approved this application at a meeting on (date) If approval is pending at the time of submission, please check here. [--] 2. All agency decisions regarding recruitment, hiring, promotions, release, and conditions of employment will be made without regard to consideration of race, creed, religion, gender, country of national origin, age, physical or mental handicap, marital status, sexual orientation or any other factor which cannot lawfully be used as a basis for an employment decision; 3. The agency agrees to negotiate, if deemed necessary, with CSC to refine service levels, procedures, outcomes, budget, and any other relevant matter for incorporation into a contract; 4. The applicant agency does not intend by this application to replace existing funding resources with CSC funds; 5. The budget included in this application is a reasonable estimate of the anticipated revenues and expenditures for the activities proposed; 6. In accordance with the 1998-99 CSC contract, the applicant agency will submit, within 120 days of the completion'of the applicant's 1998-99 fiscal year, a'GAO Standard Financial and Compliance Audit; 7. The applicant agency maintains governmental or 501c(3), (4), (6), (7) or (10) tax exemption status; 8. Any of the following documents are available and upon request by CSC will be produced by the applicant agency within five (5) working days, but do not need to be submitted with this proposal: a. Articles of Incorporation b. Agency Bylaws c. Personnel Policies and Procedures d. Job Descriptions e. Certificates of Insurance and Bonding f. Licenses to Operate Agency/Progran~ F:\WORD\1999 RFP's\99-2000 Base Application instructions & Forms. DOC 02/25/99 10:05 AM Children's Serviccs Council of Palm Beach County 1999-2000 Basc Program Application Page: I I 9. NO litigation is threatened or pending which could impair the applicant agency's ability to fulfill the provisions of this application; and 10. NO adverse action is pending or threatened by any regulatory, licensing, or oversight agency which could impair the applicant agency's ability to fulfill the provisions of this application. If any of the above documents are not available or any of these statements cannot be made, please explain below: OFFICIAL AUTHORIZED TO SIGN AND BIND AGENCY TO APPLICATION: (Authorized officials recognized by CSC are the Board Chair or President and/or Executive Director. If any other signature is included below, you must include a copy of the agency policy that establishes such authorization.) Title: Signature Date: Print Name F:\WORD\I999 RFP's\99.2000 Base Application Instructions & Forms. DOC 02/25/99 10:05 AM TO: DAVID T. HARDEN, CITY MANAGER ~ ~ ~, THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANN~~Z~ FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNER(I~-'""-" -- ACCEPTANCE OF RIGHT-OF-WAY DEED ASSOCIATED WITH THE CALVARY BAPTIST CHURCH. The action requested of the City Commission is acceptance of a right-of-way deed for SW 10th Street right-of-way associated with Calvary Baptist Church, located at the southwest corner of SW 10tb Street and SW 8th Avenue. At its meeting of June 30, 1993, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification for Calvary Baptist Church subject to conditions, which included recordation of a boundary plat prior to issuance of a certificate of occupancy. The approval was for the construction of an assembly hall. Building permits were issued in 1993 for the assembly hall, which has been constructed. In conjunction with the site plan modification, a boundary plat was processed which included a 15' dedication of right-of-way for SW 10th Street. On October 16, 1993, the City Commission approved the plat; however, the plat has not been recorded. In order to record the approved plat at this time, the property must be resurveyed, and signatures (including mortgagees consent) must be updated, which the Church cannot afford. Rather than have the Church replat the property, it has been determined that a right-of-way deed in-lieu of the replat is acceptable. The City Attorney has reviewed the deed for legal sufficiency and form, and determined it to be acceptable. By motion, accept the 15' right-of-way deed for SW 10th Street associated with Calvary Baptist Church. Attachments: Location Map Site Plan Right-of-Way Deed S.W. lOTH ~ SET/IA DRIV~ ~OUGL.AS$ LIN TON BOULEVARD-- CALVARY LAVE~'S BAPTIST CHURCH Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this 6th day of lq_ARCH , 1999, between Calvary Bible Bapt. Church , with a mailing address of 898 SW. 10th. St. Delra¥ Bch. Florida , as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH- That said party of the first part, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations paid, receipt of which is hereby acknowledged, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereUPon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. That the party of the first part agree to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said'land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assig,ns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST PART in the firesence of: Refi~ Jean A. Alexandre Rev. Aqh~rto F. .._,(~me printed~or typed) (Name printed or typed) -nusbY ~ Kev. Jean D. Celirl (Address) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH; The foregoing instrument was acknowledged before me this 6th day of MARCH , 1999, by REV. AT.I~WTO F BUSBY who is personally known to me or has produced as i~entification. Si~l~aft-6re of Notary Public - State of Florida rowdeedl.frm ~. ~ rev. 3/99 ~ ~}~l~ ~ _~1~11~ ~1~ ia,l:lfll~ L ~ES~ION: ~ ~t pm of~t 29, of~e S~D~ION OF SE~ION 20, TO~S~ 46 SO~ ~GE 43 ~T, as ~rd~ ~ Pht Book i, Page 4, of~e ~b~e Reco~ -' , ofP~ B~ ~, ~ofi~, de~ as fo~ows: - Co~ce at ~e ~o~ ~m~ of ~d ~t 29; ~ce S00~00'56~W, ~ong ~e of~d ~t 29, ~.01 f~; ~m~ S88~5;17'W, ~ong 25.01 fm to ~e PO~ OF BEG~G of~e ~ds h~ de~; ~ee eon~ue S88~5'17'~, p~l ~ ~e No~ ~e of~d ~t 29, ~ong ~e Sou~ ~t-of-Wsy . · ~e ofS.W. T~ Sift, 288.33 f~t; ~ce S00~06'25~E ~ong ~e Ea~ ~t-of-W~y ~e or,id ~t 29, 288.30 f~; ~e ~00~00'56~E, along ~e We~ ~t-of-Way ~e ofS.W. ~ Av~ue, 15.00 f~ to ~e PO~ OF BEG~G. Contaln~g 4,324.7 ~e P.S.M. ~978 STATE OF FLORIDA DAVIS..ASSOCIATES 1NC · ! · THRU: DIANE DOMINGUEZ, DIRECTOR OF PLA~RING'~A'~v~'~'~~ FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNE~°' SUBJECT: MEETING OF APRIL 6, 1999 *** CONSENT AGENDA*** ACCEPTANCE OF A LANDSCAPE MAINTENANCE AGREEMENT FOR LANDMARK CENTER (FKA CRAIGE'S FURNITURE WAREHOUSE). The action requested of the City Commission is acceptance of a landscape maintenance agreement for Landmark Center, located on the west side of Pineapple Grove Way (N.E. 2nd Avenue), approximately 150' north of E. Atlantic Avenue, within the Pineapple Grove Main Street Redevelopment Area On November 4, 1998, the Site Plan Review and Appearance Board approved a Class III Site Plan Modification request for Landmark Center subject to conditions. The proposal includes conversion of the existing warehouse building to accommodate office and retail, and the installation of parking and landscaping. One of the conditions of approval was that a landscape maintenance agreement be executed to install landscaping (hedges) within the north/south alley right-of- way. The City Attorney has reviewed the agreement for legal sufficiency and form, and determined it to be acceptable. By motion, accept the landscape maintenance agreement for Landmark Center. Attachments: Location Map Landscape Plan Landscape Maintenance Agreement HALL ~ N.E. 1ST ST. COMMUNITY OLD CENTER SCHOOL ATLANTIC AVENUE COUNTY .. COURT HOUSE S.W. ~ST ST. ~ S.E. 1ST ST. ~ ~NDMARK CENTER ~LANNING DEPARTMENT CITY OF DELRAY BEACH, FL ~I~ITAL ~SE ~ S~T~M -- M~ REF: LM29B LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT i~ made ~J~isi 1__~1 day of FEBRUARY , 19,9_$_by and between thc City of Delray Beach, Florida ("City") and CRAIGE FURNITURE CO. ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WtiEP~AS, in order to comply wifl~ the City's landscape Ordinance and provide parking for die Owner's custom_e_r_.S.~,_.Owner shall be allowed ro install landscaping material in the right-of-way of 60½ N.E. 2ND Av~._ pursuant to file. terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of aba~.donment by the City of the public right-of-way of 60½ N.E. 2ND. AV~. and, WHEREAS. the City reserves the right at any time to utilize the right-of-way for right- of-way purposes; and, WHEREAS, the public will benefit from ,he beautification of areas along its streets by the addition of lanctscaping; and, WI-IEREAS, this Agreement is not effective unless the Owner"has submitted a landscape plan and it has been approV, e.d by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party.. NOW, THEREFORE, in consideration of tt,e sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good ancl valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The: Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them'in this Agreement. ':' 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of tl~e landsc~phug. The subject property, farther described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and instal.ling all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. 4. Tl~.e Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering' and proper fertilization of all planm arid keeping them as free as practicable from disease :and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the gras~ ~0 a prope~ height; to properly prune all plants which includes (1) removing dead or diseased parts of pl_~nt$, or (2) pruning such pans thereof which present a visual hazard for those using the roadway. To maintain also means removing or replac[t~g dead or diseased plants in their entirety, or removing or replacing those that fall below original project 2 standards. Alt plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City a. nd the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of rcplac:t:mant. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If a~ any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that file lands, captng is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, "". the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time pcriod,.,~he City may at ira option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice tbe Owner for expenses incurred. Co) Terminate tl~s Agreement and.require the Owner to-comply with the City's current Ordinance on landscaping. 6. Pit all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7._ ..... If.~..t_.~a_ny reason the City decides that it needs the right-of-way of 60~ N.~.. 2~r~, ~v~ or for any other public purpose this Agreement shall terminate, and the Owner shall be ret/aired to comply with the CSty's current Code of Ordinances regarding landscape requirements. 3 8. The Owner stuall indemnify and hold harmless the City, iis officers and employees from all suits, actions, claims and liability arising solely out bf the Owner's installation and maintenance of landscaping in the City's rigl~t-otCway. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. AIl prior 'tmdeistandings and agreements between the parties with respect to such matters are merged into this Ag~'eement~ wb. ich alone fully and completely expresses their understanding. 10. This Agreemem may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreemam shall be binding on the Parties, their respective heirs, successors, legal represeritaxives, and permit'ted assigns and shall be recorded in the Public Records of Palm Beach Comary and shall run with the land. 12. Th.is Agreemcat shall be governed by and construed in accordance with the laws of the State of Florida. IN WITI~/ESS Wlq"FREOF, the parties hereto have caused tiffs Agreement to be duly executed on their behalf' tt~ day of 199 . ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk lay Alperin .- Mayor Approved ~ to legal form and_sufficiency:_ t~,a~-, City Attorney " WITNESSES: l [Prin~ or Type Name) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The Foregoing instrument was acknowledged beFore me this /¢3 day oF (\~('£h , 1999 by ~ CPrint or Type Name) {OFFICIAL NOTARIAL SEAL) State and County AForesaid My Commission Expines: S [ITY OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE ~°° ~ ~ ^~'"~' ~"'"^~"~'^~", ~'-°"~^ ~"" TELEPHONE ~61/24~.70~0 · FACSIMILE ~61/278-475~ Wfi~r's Direct L~e: (561) 243-7~ DELRAY BEACH ll~ica City ~MO~D~ TO: ~ity Co~ission FRO~: Jay T. J~beck, Assistant ~ity Atto~ey~ SUBJECT: ~ase Agreement for Scout Hut. At~ched is a lease agreement for ~e Scout Hut l~ated off ~e Ida Road. Pioneer Boys Association, Inc. (PBA), ~e p~evious ~ssees of ~e pro~, had ceased to exist as a co.orate enti~ and as a result the prior lease agreement was te~ted. PBA has now re.co.orated, however, and seeks to reenter ~to ~e lease agreement for ~e Scout Hut prope~. PBA intends to rema~ ~co~orated and to offer the use of ~e Scout Hut to all Scout Troops within ~e City of De~ay Beach. Pleas~ place this item on the consent agenda for ~e next regular City Co~issio~ meeting. Please con.ct me if you have any questio~ reg~d~g ~is matter. At~c~ent cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk LEASE AGREEMENT FOR SCOUT HUT THIS LEASE, made this day of ., , by and between the CITY OF DELRAY BEACH, a municipal corporation in Palm Beach County, Florida, party of the first part, and hereinafter called Lessor, and PIONEER BOYS ASSOCIATION, INC., a non-profit corporation, party of the second part, and hereinai~er called the Lessee. WITNESSETH: WHEREAS, the Lessor had previously entered into a lease with the Lessee for the lease of the subject property for the purpose of conducting Scout activities; and WHEREAS, Lessee at one time ceased to exist as an incorporated entity and Lessor consequently terminated previous Lease; and WHEREAS, Lessee has reincorporatcd and now seeks to enter into this Lease Agreement in order to continue providing for Scout activities on the subject property; and WHERe;AS, the City Commission of Delray Beach has determined that such use of the subject property is an appropriate use. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) this day paid by Le.~see to the Lessor, and in further consideration of the covenants herein contained on the part of the said Lessee to be kept and performed, the said Lessor docs hereby lease to ~e said Lessee, the following described property in Palm Beach County, Florida. That part of the Southeast ~ of Lot 5 in Section 8, Township 46 South, Range 43 East, lying Northeast of Lake Ida Road, Delray Beach, Florida. 1. Incorporation of recitals. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term. This lease shall be for a term of twenty-five years from this date, and the Lessee shall pay an annual rental of One Dollar ($1.00) on each anniversary of this lease. 3. l'urpose. This lease is made by the Lessor solely for'the purpose of enabling the Lessee to conduct Scout activities, and to erect or maintain, or both, a building or buildings to be used in furtherance of said purposes. In the event that this property should ever be used for any other purpose, then this Lease may be declared terminated by the Lessor by giving Lessee ninety (90) days notice of termination. This Lease may be declared terminated by the Lessor in the event said Lessee at any time ceases to exist and operate as the Pioneer Boys Association, Inc. In the event the lease is terminated under this paragraph, the Lessee shall have the right to remove any buildings placed thereon. Lessee shall then restore the property to a condition that is substantially si~milar to its original condition prior to the execution of the original lease with Pioneer BOys Association, Inc. 4. Termination of Lease. It is mutually understood and agreed by the parties hereto, that the Lessor may terminate this lease at any time, upon a determination by the City Commission that such action is for the best interests of the citizens of Delray Beach. Termination shall be effected by giving Lessee notice of its intention to terminate sixty (60) days prior to the date of termination, with the understanding that upon the termination date any buildings will be completely removed from the premises and the 2 premises be vacated. If the Lease is terminated in the manner provided for in this paragraph, the Lessor hereby agrees to provide other land for the relocation of said building, and will pay for the costs of removal or the cost of replacement whichever is less. 5. ~Improper Use. The Lessee covenants that it will make no unlawful, improper or offensive use of the said premises, that it will not assign this lease or sublet any part of the said premises without the written consent of the Lessor," that it will use said premises only for the purposes set forth above. 6. Use by Scout Troops. Lessee shall allow the subject property to be used by Scout troops located within the City of Delray Beach for meeting, storage, and other purposes determined to be appropriate by Lessee, so long as no such activities shall be outside the scope of the purpose of this Lease as set forth in paragraph 3 or shall constitute an improper use as set forth in paragraph 5. a.. Meetings. Lessee shall create a scheduling sheet which shall list each calendar day in a given month. Lessee shall require Scout troops who wish to use the subject property to sign the scheduling sheet one week in advance for the day and time in which they propose to use the property. If a particular day and titx~,~ has already been signed for by a troop, the second troop must select a different time or date. b. Storage. Lessee shall make all reasonable efforts to accommodate the storage needs of other troops wishing to use the subject property. c. Disputes. This paragraph applies if a scheduling or other dispute arises between two or more troops wishing to use the subject property. Lessee 3 shall use good faith to resolve any disputes which arise between two or more troops regarding use of the subject property. Lessee shall not give preferential treatment to any troop or faction of troops, nor shall Lessee disfavOr any troop or faction of troops, and Lessee shall use all reasonable means to allocate the resources of the subject property in an objective and even-handed manner. Lessor may terminate this Lease if Lesso~ has any reason to believe that Lessee has given preferential treatment to a scout troop or faction of scOUt troops or has disfavor:~,d any troop or faction of troops. 7. Liability Insurance. The Lessee will carry liability insurance upon said leased property for the benefit and protection of Lessor, in the amount of $500,000 CSL (Combined Single Limit of Liability). Such insurance is to be with an insurer acceptable to the Lessor. The acceptable form of insurance must be on a form no more restrictive than the latest edition of the Comprehensive General Liability policy filed by the Insurance Services office. a. Comprehensive General Liability Minimum limits of $500,000 per occurrence combined single limit for bodily injury liability and property damage liability. i!i. Premises and/or Operations iii. Independent Contractors i'v. Products and/or Completed Operations v. Contractual Liability b. Certificate of Insurance To be provided by Lessee as evidence of insurance in force. Such certificate shall be filed with the City's Risk Management Department. 4 .such certificate shall provide evidence that the Lessor is named as additional insured. The certificate shall provide for a thirty-day (30) cancellation notice to the Lessor. 8. Reentry. It is hereby covenanted and agreed that if the Lessee shall violate any of the covenants of this lease that the Lessor shall be entitled to m-enter and retake possession of the above described premises upon giving ninety (90) days notice to the Lessee as set forth above. 9. Maintenance. The Lessee covenants and agrees that it will maintain the property in a clean and orderly condition. 10. Indemnification. The Lessee shall indemnify, defend and hold harmless the Lessor, its officers, agents and employees from all suits, actions, claims and liability arising out of the acts or omissions of Lessee or its agents, employees, invitees, or any other person related in any manner to Lessee. 11. Entire Agreement. This Agreement shall constitute the entire Agreement of the parties with respect to the subject .matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 12. Assignment or Transfer. This Agreement may not be assigned or transferred by the Lessee in whole or part without the written consent of the Lessor. 13. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 14. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other ttum the parties hereto and their respective heirs, successors, legal 5 representative:D, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. IN WITNESS WHEREOF, the Lessor has caused this lease to be executed by its Mayor and attested by the City clerk and the City Seal to be affixed thereto on the day and year first above written, and the Lessee has executed this lease on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to Legal Form: City Attorney WITNESSES: PIONEER BOYS ASSOCIATION, INC. (Print or Type Name) (Print or Type Name) 6 STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 19 by ., who is personally known to me or who has produced as identification. Signature of Notary Public --state of Florida Pioneer lease.agt, doc 7 [ITY OF DELRRY BERgH CITY ATTORNEY'S OFFICE TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816 DELRAY BEACH POLIgE LEI]AL ADglSOR Ail.America ¢it¥ 1993 TO: David T. Harden, City Manager /,~/ FROM: Catherine M. Kozol, Police Legal Advisor/,/~ _ DATE: March 24, 1999 SUBJECT: CITIZENS OBSERVER PATROL (C.O.P.) GENERAL RELEASES Enclosed for your consideration to place on the Commission Agenda are three (3) General Releases donating three (3) police vehicles to the C.O.P. Program. These vehicles will belong to the associations listed on the General Releases so the City will not have responsibility for insurance, upkeep or maintenance of the donated vehicles. Per my discussion with Captain Ross Licata, the City will assume responsibility for the cost of transferring all title and interest to the various associations, at a cost of $184.85 per vehicle. If possible, please place these General Releases on the April 6, 1999, agenda as Captain Licata is looking to formally donate the vehicles soon afterwards. Please feel free to contact me, David Junghans, or Captain Licata if you have any questions regarding this matter. ppt Attachments cc: Chief Richard Overman City Attorney Susan Ruby Captain Ross Licata Director David Junghans Deputy City Clerk Barbara Garito Unit #1010 GENERAL RELEASE In consideration for the resolution donating one 1990 Chevrolet four door, VIN 1GIBL5470LA153005, mileage 94,595, to the WOODLAKE HOMEOWNERS ASSOCIATION. The WOODLAKE HOMEOWNERS ASSOCIATION shall hereby release, acquit, satisfy and forever discharge the City of Delray Beach and its representing commissioners, agents, insurers, officers, employees, successors and assigns from any and all manner of action and actions, causes of actions, suits, grievances, claims and demands of any kind regarding One 1990 Chevrolet four door, VIN 1G1BL5470LA153005, mileage 94,595. This waiver of dghts or claims includes, but is not limited to, any claims or causes of action arising out of or involving in any way the facts surrounding the purchase, care, maintenance, present condition, defects, safety or donation of the One 1990 Chevrolet four door, VIN 1G1BL5470LA153005, mileage 94,595. Nothing herein shall be deemed to waive any immunities granted to the City of Delray Beach pursuant to Section 768.28, Flodda Statutes. WOODLAKE HOMEOWNERS ASSOCIATION Condominium Representative Approved as to form and '~~~.,L/--~-~ ~Legal Sufficiency ~ Ci~Attomey - D~a~ BE Unit #1309 GENERAL RELEASE In consideration for the resolution donating one 1993 Ford four door, VIN 2FACP71W5PX194322, mileage 91,942, to the HIGH POINT OF DELRAY, SECTION FIVE. The HIGH POINT OF DELRAY, SECTION FIVE, shall hereby release, acquit, satisfy and forever discharge the City of Delray Beach and its representing commissioners, agents, insurers, officers, employees, successors and assigns from any and all manner of action and actions, causes of actions, suits, grievances, claims and demands of any kind regarding One 1993 Ford four door, VIN 2FACP71W5PX194322, mileage 91,942. This waiver of rights or claims includes, but is not limited to, any claims or causes of action adsing out of or involving in any way the facts surrounding the purchase, care, maintenance, present condition, defects, safety or donation of the One 1993 Ford four door, VIN 2FACP71W5PX194322, mileage 91,942. Nothing herein shall be deemed to waive any immunities granted to the City of Delray Beach pursuant to Section 768.28, Florida Statutes. HIGH POINT OF DELRAY, SECTION FIVE Condominium Representative Approved as to form and City Atto'h~y - Delray Be/~ ~/// ~"_x/ '- Unit #1310 GENERAL RELEASE In consideration for the resolution donating one 1993 Ford four door, VIN 2FACP71W7PX194323, mileage 94,656, to the PINES OF DELRAY ASSOCIATION, INC. The PINES OF DELRAY ASSOCIATION, INC., shall hereby release, acquit, satisfy and forever discharge the City of Delray Beach and its representing commissioners, agents, insurers, officers, employees, successors and assigns from any and all manner of action and actions, causes of actions, suits, grievances, claims and demands of any kind regarding One 1993 Ford four door, VIN 2FACP71W7PX194323, mileage 94,656. This waiver of rights or claims includes, but is not limited to, any claims or causes of action adsing out of or involving in any way the facts surrounding the purchase, care, maintenance, present condition, defects, safety or donation of the One 1993 Ford four door, VIN 2F^CP71W7PX194323, mileage 94,656. Nothing herein shall be deemed to waive any immunities granted to the City of Delray Beach pursuant to Section 768.28, Florida Statutes. PINES OF DELRAY ASSOCIATION, INC. Condominium Representative Approved as to form and Legal Sufficiency C~ey- Delray B~~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~/'K' - REGULAR MEETING OF APRIL 6, 1999 SERVICE AUTHORIZATION #2/PROFESSIONAL ENGINEERING CONSULTANTS DATE: APRIL 2, 1999 This is before the Commission to approve Service Authorization #2 in the amount of $25,800.00 with Professional Engineering Consultants (PEC) for preparation of a city wide capital infrastructure needs assessment and integrated capital plan, including project prioritization and cost estimates. The final report will provide the City with a comprehensive master plan for the implementation of roadway, underground and stormwater improvements in a planned, coordinated and cost- effective manner. It will be submitted in a format to assist in any subsequent revenue bond reports for potential project funding. Fundihg is available from 441-5111-536-31.90 (Water & Sewer - Other Professional Services). The services will be completed within sixty (60) days after receipt of the written notice to proceed. Recommend approval of Service Authorization #2 with Professional Engineering Consultants. ref:agmemol8 AGENDA REQUEST Date: 03/25/99 Request to be placed on: Workshop Agenda When: 04/06/99 xx Regular Agenda Special Agenda Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization //2 for P.E.C. in the amount of $25,800.00 for preparation of a city wide capital infrastructure needs assessment and integrated capital plan including project prioritization and estimates of cost. The final report will be submitted in a format to assist in any subsequent revenue bond reports for potential project funding. Funding for this expenditure is available in W&S acct.//441-5111-536-31.90, Other Professional Services. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Determination of Consistency with Comprehensive Plan: 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 No. & Description ~' d//-,fi-1//- City Manager Review: Approved for agenda: Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approvect/Disapprove d MEMORANDUM TO: David T. Harden, City Manager Q~/~ FROM: Richard C. Hasko, P.E., Director of ESD SUBJECT: SERVICE AUTHORIZATION #2 FOR P.E.C. COMPREHENSIVE CAPITAL IMPROVEMENT REPORT DATE: March 25, 1999 Attached is a copy of Service Authorization #2 for Professional Engineering Consultants (EEC.) for consulting services regarding research, analysis and reporting of a comprehensive needs assessment and integrated infrastructure capital plan for roadway, drainage and water utility improvements city wide. The scope of services includes review and analysis of available master plans, infrastructure programs and road condition exhibits toward the establishment of a prioritized needs assessment. A capital program scope will be prepared with appropriate project integration exhibits, prioritization and estimates of cost. The final report will be submitted in a format to complement a revenue bond report for potential project funding. Fees for the described scope are $25,800.00 with funding available from account 441- 5111-536-31.90, Water and Sewer Administration Other Professional Services. Please place this item on the April 6, agenda for consideration by City Commission. RCH/rab cc: Randal Krejcarek, City Engineer Dan Beatty, P.E., Deputy Director of Public Utilities u :\admin~hasko~/temos\svsauth. doc PEC PROFESSIONAL ENGINEERING CONSULTANTS, /NC, March 24, 1999 P-90~4 Mr. Dick Hasko, P.E. Environmcntai Services Director City of Delray Beach 100 N. W. Iai Avenue Delray Beach, Florida 33444 Re: Capital Improvement Plan Dear Mr. Hasko: Professional Engineerini Consultants, Inc. (P]~C) is pleased to present the attached proposal for engineering services related to assist/rig the City of Ddmy Beach with the development of a Year 20/)0 Capital Improvement Plan (CIP). The purpose of the proposed CIY is to coordinate all of the capital projects defined in the mspectiv~ master plans (water:, wastewater, smrmwater) that have been developed since 1993. The Year 2000 Capital Improvement Pkan will provide the City with it comprehemslv~ master plan to implement roadway, underground an4 stormwater improvements in a planned, coordinated, and cost-effective manner. Our ?EC approach will be to review the ,xisting infrastructure master plans (wat~, was;ewater and stormwater) and integrate the recommended capital improvements with the City's recently completed Roadway Condition Arias. PEC will utilize the City's Koad Condition Atlas as the base map and develop an ova'lay map depicting all proposed capital improvements. Thc d~v¢loped CIP base map, with the proposed roadway improvements and all uadergmurtd improvements, will pwvide the basis for completing the Year 2000 Capital Improvements Plan. The CIP bft~ map will be provided to the City in an electronic f~¢. Since the ~isting master plans were completed during the period 1992-1998, PEC will coordinate w/th City staff to obtain updates for the construction cost estimates contained in each master plan. We will provide a conformed CL-~ b~e map and related table describing ail proposed infrastructure improvements. We will assist City staff in developing a priority ranking for the proposed Ye.~r 2000 C/P. Upon final review by City staff, PI~C will complete the Year 2000 Master Plan and present the final document to thc City. r ,,. surveyors 200 East Robinson Street · Suite 1560, Or ando,iF;or da 3z80: , 407/422-/~:~2 · FAX 407/84cJ-940! 03/24/99 15:31 '~1 407 849 ~402 ~EC Mr. Dick I-tasko, P.E. P-9084 March 24, [999 Page 2 The final report will be in a format to ,~ssist in complementing s.uy future Engineer's Report necessary for possible Revenue Bonds as determined by the City. We propose to provide the above services on an hourly basis at our hourly rates with a not-to-~xeee~i amount of $25,800. Very truly yours, Kefineth R. I~ooper Principal KRH/bk Mr. Dick Hasko, P.E. P-9084 March 24, 1999 Page 3 City of Delray Beach Scope of Services Task 1 - S2mit~. Sewer System A. Review existin8 wastewa~ex master ptans, repons, sew~ atlas and additional information. B, Coordinate with City ~taff to identify axeas of desired improvements for sewer system. C. Prepare up~ated l~ase map showing sewer improvements. Task 2 - Potable Water System A. Review existing water master plans, reports, waer atlas and addt~onal information. B, Coordina~ with City staff to identify areas of desired improvemenU for the wat~ system. ¢. P~epare updated base map showing water improvements, Task 3 - ~ A. Review existing drainage master plaus, reports, storm sewer atlas and additional information. B. Coordinate with City staff to identify areas of des[red imlxovements for the dr~nage system. C. Prepare updated base mar showing drainage improvements. Task 4 - Re~x~rt A. Develop up4ated CIP base map (electronic media) that depicts all proposed capital improvemen~ projects on a single m~p. B. Utilize City's Roadway Condition Atlas as base map. Depict potable water, sanitary sewer and stormwaer improvements as overlays. O3~2&~gg 1~32 ~l ~07 8~ 9&02 PEC 2 ~ Mr. Dick Rasko, ?.[. P-9084 Msrch 24, 1999 Page g C. Prioritize capit~ improvements within compatible geograph./c zones. Task A. Coordina;¢ with City staff to identify and rcaommend potential phasing of roadway, sewer, water and stormwatsr improvements. Develop report describing sewer, water and drainage improvements including: 1, Base Map depleting proposed underground utility improvements, 2. T~tble describing proposed utility improvements including updated cost esdmztes. ~ 3, Description of phasing of the proposed underground util~ty and roadway improvements. C. Deiivar ten (10) copies of the final report to City staff for distribution. Task A, Meet with City staff r~ discuss proposed underground ufili~ and stormw'ater improvements, B. Meet with Ci~ staff to ~iscuss City's review comments of the draft Capital Improvement Plan. 3. Final Review To~ Project Cost $23,800.00 PROFESSIONAL ENGINEERI2qG CONSULTANTS, INC. CITY OF DELRAY BEACH ~NSULTLrN'G SERVICE AUTHORIT&TIO.__N._NO; DATE: SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXJ~NSE CODE PROJECT NO.: CITY OF DELR. AY BEACH PEC DB-14 TITLE: CAPITAL IMPROVEM2SNT PLAN 'Il'tis s~a'vice autllodzz, tton: when a,~ecut, ed, shall be Incorporated in a.nd ~hall become an integral part of the Contract, dated May 9, 1995, by and between ~e City of Delmy Beach and PEC. I. l~tO.I~CT DIggC. RIPTION Development of a report to determine necessary capital improvement~ to the City's madwa],,, drainage, waier anal sewer systems including discussions of potentdai phasing. This report will be based on water, sewer, drainage and road atlases, and existing Infrastructure master plans. II. scowl,. Ol* S~RVICE~ Please refer ~o ~e a~tzched proposal, Pmpos~ No. P-gD$4 for the scope of The above Scope of $~rvice. s v/Al bc compl~ on an hourly not-m-exceed basis, at our hourly with a not -to-exceed amount of $2~,800. gefe. r ~lm to the am¢l~.d proposal, Proposal No. 9084, Br. t~OMPLETION DATE These services will be completed within 60 d~ys after receipt of the written no[ice to proceed. 0,3,"24,'99 ~.~:.30 '~"! ~OT 8.49 9.402 PEC 2 ~00,3,'007 CONSULTING SERVICE AUTHORIZA_TI_ON NO, 11 (Cont' d) This service authorization i~ app£av~d ;;onlin~nt upon ~e Ci~'s accep~ of aM ~fac~on ~ ~ comple~io~ of ~ ~ices re~r~ ~ ~ previo~ p~s~ o~ ~ enc~ by ~ p~vious ~i~ ~o~on. If ~ CiW ~ i~ ~le ~scr~6on ~ ~s~sfi~ ~ ~e ~i~s provided in ~ previo~ ~ o~ ~ice au~ori~i~n, ~ CiW ~y ~r~ ~ contact ~out i~ing ~y ~er Babih~. APPRO¥I~D BY THE CITY OF DEl,RAY BI:ACH, This ~ Day oi ., 19~ CITY OF DI~LRAY BF.,ACH, n mum¢ipal corporatio~ of the STATii OF FLORIDA By: Approved a~ to l.~lal Sufl-,ciency and t;orm by: Mayor A~est: ~ ' ~ ~ -~ COUN~ OF ~ / Tgm R= Kelley, P.E. / ~ foreg~g ~t~ment was a~wlod~d befo~ ~ or P~nt) me ~ Tom R. KeIl~y, p.E. a duly au~ofizad officer $ec~,Treamrer Flo~ co~fio;, on ~If of ~ Co~fion a~ A~EST: ' i~i,~.t:~.) m~ did ~t (~) ~o an oa~. ~S my ~nd ~ s~l ~ ~ ~ and M~W K. Hayes '? ;~','tL~ ~- .... (~OT~Y ~L) ~.{;,.~...: .~ s~ ~ ~,~ -2- D~I4C~A. 11 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~'/-" - REGULAR MEETING OF APRIL 6, 1999 CONTRACT ADDITION/AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS DATE: APRIL 1, 1999 This is before the Commission to approve a contract addition in the amount of $36,000.00 with Aquifer Maintenance & Performance Systems, Inc. (AMPS) to increase the annual budget allocation for well rehabilitation and replacement to $66,000.00. The bid for the annual service contract for production well rehabilitation was awarded to AMPS, as the lowest responsive bidder, on September 15, 1998. The estimated annual cost was awarded at $30,000.00 which is the normal annual budget for this program. However, we have experienced an unexpected number of well and pump failures in addition to wells requiring acidization for capacity restoration. The current budget has been exhausted and additional funding is necessary. Funding will be from 442-5178-536-61.82 (R&R/Well Rehabilitation and Replacement) through budget transfer from 442-5178-536-99.01 (Project Reserve). Recommend approval of the contract addition with Aquifer Maintenance & Performance Systems, Inc. in the amount of $36,000.00. ref:agmemol4 AGENDA REQUEST Agenda Item No. ~' Date: March 29, 1999 Request to be placed on: X Regular Agenda Special Agenda -- Workshop Agenda When: April 6, 1999 Description of item (who, what, where, how much): Staff requests Commission approval of a contract addition for Aquifer Maintenance and Performance Systems, Inc. (AMPS) in the amount of $36,000.00 for a total annual amount of $66,000.00. Normal annual budget is $30,000.00, however additional costs of unexpected well/pum? failures require additional funding. Funding for this expenditure is available in R&R Account #442-5178-536-61.82, Well Rehabilitation/Replacement. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of contract addition for Aquifer Maintenance and Perform~ncez~ystems,AI~PS) in the amount of 536,oo0.oo //,// /¥ Department head signature: ~'Z~/~ /~/ /--WE 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: Q/NO Funding alternatives (if a~plicahle) . _ _ Account No. & Desgription ~-~/ ~F-~L-~L f~ ~7~ ~¢bq~-~K~/a ff~,~dC_- Account Balance ~ ~, ~/~ ~0 ~ 3/'30/q~ & ~ ~~ ~~L~g~/~z~~ City Manager Review: A~end~ Coordinator Review: ~ Received: Placed on Agenda: Action: Approved/Disapproved C: \My Documents kampsAG, doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager FROM: Dan Beatty, P.E~ Deputy Director.ef. Sadblic Utilities DATE: March 29, 1999 SUBJECT: Contract Addition - Aquifer Maintenance & Performance Systems, Inc. Attached is an agenda request for a contract addition in the amount of $36,000.00 for Aquifer Maintenance and Performance Systems, Inc. (AMPS) for well rehabilitation and replacement. The current annual budget amount for this program in Renewal and Replacement is $30,000.00. Similar to last year, we have experienced an unexpected number of pump and column failures as well as wells requiring acidization for capacity restoration. Due to the foregoing circumstances, the initial $30,000.00 contract amount has been exhausted. Based on the rate of well related failures thus far in the year, we are requesting the additional $36,000.00 contract addition for AMPS in anticipation of further rehabilitation requirements. Funding for this expenditure is available in R&R Account ¢h~42-5178-536- 61.82, Well Rehabilitation/Replacement (budget transfer is attached). Please place this item on the April 6, 1999 Agenda for consideration by City Commission. cc: Richard C. Hasko, P.E., Director of Environmental Services Don Haley, Manager, Water Treatment Plant Allison MacGregor Harty, City Clerk Agenda File C:\My Documents~AMPS.mem.doc MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor ~ U THROUGH: Joseph ~ce Director DATE: September 08, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING SEPTEMBER 15, 1998 - BID AWARD BID #98-50- WELL REHABILITATION - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve the award of Bid #98-50 to Iow responsive bidder, Aquifer Maintenance & Performance Systems, Inc., for the annual contract for Well Rehabilitation at an estimated annual cost of $30,000. Background: The Water Treatment Plant has a need for an annual service contract for production well rehabilitation for twenty-eight (28) wells for the City of Delray Beach to keep iron bacteria down to a minimum. Production well rehabilitation is done on an average of four (4) wells per year continuously. Bids were received from five (5) vendors all in accordance with City purchasing policies and procedures. (Bid #98-50. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Manager of the Water Treatment Plant recommends award to Aquifer Maintenance and Performance Systems, Inc. per attached memo dated September 02, 1998. The estimated annual usage for well rehabilitation is $30,000. Recommendation: Staff recommends the award to low responsive bidder, Aquifer Maintenance and Performance Systems, Inc., at an estimated annual cost of $30,000. Funding from account code 442-5178- 536-61.82 (1998-99 budget). Attachments: Tabulation of Bids Memo From Water Treatment Plant CITY OF DELRAY BEACH TABULATION OF BIDS BID #98-50 WELL REHABILITATION - ANNUAL CONTRACT AUGUST 26, 1998 AQUIFER MORTON PUMP WELL WATER VENDORS: MAINTENANCE & & DRILLING SYSTEMS INC. PERFORMANCE INC. 1. MOBILIZE, DEMOBILIZE AND $ 500.00 $ 1,000.00 $ 2,500.00 CLEANUP PER WELL PER WELL PER WELL 2. WELLHEAD AND PUMP $ 1,000.00 $ 1,000.00 $ 3,100.00 REMOVAL CLEANING PER WELL PER WELL PER WELL & REINSTALLATION 3. SPECIFIC CAPACITY $ 65.00 $ 60.00 $ 125.00 TEST (W/EXISTING PER HOUR PER HOUR PER HOUR PUMP) BEFORE AND AFTER MOBILIZATION 4. WELL ACIDIFICATION $1,800.00 $ 1,400.00 $ 2,000.00 EPA/ WELLFIELD PER WELL PER WELL PER WELL PRODUCTION APPROVED SULFAMIC SULFAMIC CHEMICALS ACID ACID 5. WELL DEVELOPEMENT $ 120.00 $ 165.00 $ 150.00 PER HOUR PER HOUR PER HOUR 6. DISINFECTION OF $ 0.00 $ 50.00 $ 550.00 WELL AFTER INSTALLED REHABILIZATION CALCIUM CHLORINE USING CHEMICAL HYPOCHLORITE 1000 PPM 7. PUMP/ MOTOR $ 120.00 $ 125.00 $ 200.00 FISHING / PER HOUR PER HOUR PER HOUR RETRIEVAL 8. TRAVEL PER DIEM $ 0.00 $ 0.00 $ 50.00 9. WELL VIDEO'S (PRE $ 650.00 $ 950.00 $ 1,400.00 AND POST TO EACH ACIDIFICATION) 10. HOURLY RATE FOR $ 100.00 $ 125.00 $ 125.00 BOOM TRUCK PER HOUR PER HOUR PER HOUR 2/TWO MEN FOR TRUCK FOR TRUCK FOR TRUCK 11. HOURLY RATE FOR $ 35.00 $ 30.00 $ 45.00 SINGLE MAN HOUR PER HOUR PER HOUR PER HOI/R AQUIFER MORTON PUMP WELL WATER VENDORS: MAINTENANCE & & DRILLING SYSTEMS INC. PERFROMANCE INC. LIST OF CHEMICALS WELL KLEEN NSF MIX 350 LBS. OF SULFAMIC ACID. AND PROCESSES TO BE CERTIFIED SULFAMIC ACID W/ 3 TIMES THE USED FOR HYDROCHLORIC 3% 1000 GALLONS OF VOLUME OF THE WELL ACIDIFICATION TO 10% MAXIMUM WATER AND PUMP WELL INJECTED CITRIC & SULFAMIC INTO SCREEN BY TRIMMIE LIME (NOT USED IN PORTION OF WELL. THROUGHOUT COMBINATION BUT LET SIT OVER- THE AREA OF THE DETERMINED BY NITE AND THEN SCREEN OR HOLE CONDITIONS REMOVE. OPEN BOREHOLE. AND WATER SAMPLES) 2% SOLUTION. CHEMICALS ARE PLACED VIA TP~EMIE PIPE AND JETTED (WHEN CONDITIONS ALLOW) A PRESSURE TIGHT HEAD WITH PSI GAUGE, BLOW OFF VALVE AND BRADEN HEAD WILL BE USED WITH HYDROCHLORIC ACID. DISINFECTION OF WELL STABILIZED SODIUM MIX CALCIUM CHLORINE 1000 AREAS AFTER REHAB. HYPOCHLORITE OR HYPOCHLORITE PPM 3 TIMES INHIBITED CALCIUM IN WATER AND VOLUME OF WELL HYPOCHLORITE WITH DISPERSE INTO A/FD PUMPED PH RANGES FROM 4 ENTIRE WELL OFF 48 HOURS TO 11 DEPENDING AND SCREEN LATER. ON HOLE COND- AREA. LET ITIONS & SIT OVERNITE BACTERIOLOGICAL AND THEN ACTIVITY. REMOVE. TABULATION OF BIDS CONT ..... JAFFER LAYNE ATLANTIC VENDORS: ASSOCIATES DIV. OF LAYNE LTD. CHRISTENSEN CO. 1. MOBILIZE, DEMOBILIZE AND $ 2,500.00 $ 2,500.00 CLEANUP PER WELL PER WELL 2. WELLHEAD AND PUMP $ 2,500.00 $ 1,100.00 REMOVAL CLEANING PER WELL PER WELL & REINSTALLATION 3 . SPECIFIC CAPACITY $ 100.00 $ 85.00 TEST (W/EXISTING PER HOUR PER HOUR PUMP) BEFORE AND AFTER MOBILIZATION 4. WELL ACIDIFICATION $ 2,000.00 $ 5,000.00 EPA/ WELLFIELD PER WELL PER WELL PRODUCTION APPROVED 20% HCL ACID SONAR-JET CHEMICALS STRENGTH IN METHOD - NO BAUMES 18 CHEMICALS 5. WELL DEVELOPEMENT $ 100.00 $ 100.00 PER HOUR PER HOUR 6. DISINFECTION OF $ 55.00 $ 1o000.00 WELL AFTER REHABILIZATION 1000 PPM HTH US ING CHLORINE SOLUTION SOLUTION 7. PUMP/ MOTOR $ 150.00 $ 100.00 FISHING PER HOUR PER HOUR / RETRIEVAL 8. TRAVEL PER DIEM N/A $ 250.00 9. WELL VIDEO'S (PRE $ 2,200.00 $ 2,000.00 AND POST TO ACIDIFICATION) 10. HOURLY RATE FOR $ 150.00 $ 100.00 BOOM TRUCK PER HOUR PER HOUR 2/TWO MEN FOR TRUCK FOR TRUCK 11. HOURLY RATE FOR $ 37.50 $ 49.00 SINGLE MAN HOUR PER HOUR PER HOUR JAFFER LAYNE ATLANTIC VENDORS: ASSOCIATES DIV. OF LAYNE LTD. CHRISTENSEN CO. LIST OF CHEMICALS 20% HCL ACID/ SONAR-JET AND PROCESSES TO BE STRENGTH IN SONIC CLEANING USED FOR BAUMES @18%. NOTE: LAYNE WILL WELL ACIDIFICATION INTRODUCE 20% TAKE EVERY PRE- INHITITED HCL CAUTION DURING ACID. ACID SCOPE OF WORK INJECTED INTO DESCRIBED ABOVE & THE WELL WITH THE PROPER THROUGH A SELECTION OF DOUBLE BELTING SONAR JET CHARGES, AGITATOR FROM DAMAGE TO SCREEN SURFACE TO TOTAL AND/OR WELL CASING DEPTH OF WELLS. IS HIGHLY IMPROBABLE, AFTER COMPLET- BUT DUE TO THE ING ACID IN- CONDITION AND AGE INJECTION, WELL OF THE WELL, LAYlqE WILL BE AGITATED CANNOT BE HELD MIN. 4 HRS OR RESPONSIBLE IF LONGER. DAMAGES OCCUR. AIRLIFTING & PUMPING TO SURGE & REMOVE SPENT ACID RETAINED INTO WATER TIGHT TANK TO BE PH NEUTRAL- IZED (7.2-7.4) PRIOR TO BEING PUMPED TO THE ONSITE RETENTION AREA. DISINFECTION OF WELL SODIUM INJECT CHLORINE AREAS AFTER REHAB. HYPOCHLORITE INTO SCREENS AND INTRODUCE INTO PUSH OUT INTO THE REHAB. WELL FORMATION. LET 1000 PPM SIT OVERNIGHT AND CHLORINE PUMP OFF NEXT DAY SOLUTION INTO DURING THE CAPACITY THE WELL IN TEST. OI~DER TO THROUGHLY CLEANSE AND DISINFECT IT. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF APRIL 6, 1999 EASEMENT DOCUMENTS WITH STATE OF FLORIDA FOR MORIKAMI PARK WATER WELLS AND UTILITY LINES DATE: APRIL 1, 1999 This is before the Commission to approve an agreement with the Florida Department of Environmental Protection, Division of State Lands, for the grant of easements to the City at the Morikami Park wellfield. The easements are for water well sites #2 and #11 and associated water pipes and electrical utility lines. The Morikami wellfield project was completed several years ago and staff has worked with Palm Beach County and the State' to finalize the easement descriptions contained in the subject agreement. The easement documents have been reviewed by the City Attorney's office and approved as to form and legal sufficiency. There is no cost to the City associated with obtaining these easements. Recommend approval of the easement documents and authorize the Mayor to sign the required certification and agreements. ref:agmemol5 Agenda Item No. AGENDA REQUEST Date: 16-Mar-99 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: 06 April 1999 Description of item (who, what, where, how much):.The attached agenda item reo. uests Commission approval/authorization for Mayor to execute the attached Certification and Water W¢~II and Utility_ Line Easement Documents with the State of Florida. subject to review and approval by the City_ Attorney. The easements are for Morikami Park Well Sites Numbers 2 and 11 and associated electrical utilitY, lines. This pro.iect was completed several years ago and staff has been working with the County_ and the State to finalize easement descriptions within Morikami Park. There is no cost to the City associated with obtaining these easements. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends.-aoor¢//... ']1~ v~___~ Department head signature: ,~ - ~3~ I I.. q '~ 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 NA Funding alternatives (if applicable) Account No. & Description Account Balance, City Manager Review: Approved for agenda: ~N~Hold Until: ~'~~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: s:\engadmin\projects\94\94-001\official~agenda01 .doc 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: 16-Mar-99 SUBJECT: Water Well and Utility Line Easement Morikami Park Project #94-001 The attached agenda item requests Commission approval/authorization for Mayor to execute the attached Certification and Water Well and Utility Line Easement Documents with the State of Florida, subject to review and approval by the City Attorney. The easements are for Morikami Park Well Sites Numbers 2 and 11 and associated electrical utility lines. This project was completed several years ago and staff has been working with the County and the State to finalize easement descriptions within Morikami Park. There is no cost to the City associated with obtaining these easements. The attached map indicates location of easements. Thanks!! enc. cc Richard Hasko, P.E. file: 94-001 s:~engadmin~projectst94t94-OO1~officiaAagendaO1.mem [ITY OF DELRI:I¥ BEI:I[H CiTY ATTORNEY'S OFFICE ~°° ~ '~' ^~,~. ~^~,,.^~., ~o~,~^ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America City MEMORANDUM l~llJ~rllll! DATE: March30, 1999 ~99:~ TO: Barbara Garito, Deputy City Clerk FROM: Jay T. Sambeck, Assistant City Attorneyt SUBJECT: Water Well and Utility Line Easement. The attached easement agreement has been reviewed for legal form and sufficiency. If the easement is approved by the City Commission, then the agreement may be executed by the Mayor. Please contact me if you have any questions. Attachment Department of Environmental Protection Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard David B. Struhs Governor Tallahassee, Florida 32399-3000 Secretary March 2, 1999 Randal L. Krejcarek, P.E. City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Water Well and Utility Line Easement Dear Mr. Krejcarek: Enclosed are two copies of an easement for construction of water wells and the associated water lines and electrical lines at Morikami Park. Please have Mayor Jar Alperin execute the enclosed Cerification and both copies of this amendment (with two witnesses) on behalf of the City of Delray Beach, and return them to us for final execution. IfI can help you with anything else, please give me a call at (850) 488-2291 (SC278-2291). Or, you can e-mail me at butler_t~dep.state.fl.us Sincerely, Tom Butler Bureau of Public Land Administration Division of State Lands TB/tb Enclosures cc: Records Administrator "Protect, Conserve and Manage Florida's Environment and Natural Resources" Pnnted on recycled paper. TO: Bureau of Land Management Services Department of Environmental Protection Mail Station No. 125 3900 Commonwealth Boulevard Tallahassee, Florida 32399 CERTIFICATION I hereby certify under penalty of perjury that the information contained herein is true and correct and that I, Jay Alperin as the Mayor, am authorized to sign for the City of Delray Beach, a Florida municipal corporation. Grantee is a Florida municipal corporation Street Address: (Required even if a P.O. Box is used.) Post Office Box: City: State: Zip Code Phone Number: Area Code Signed (Original signature required) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by Jay Alperin as the Mayor of the City of Delray Beach. He is personally known to me or produced as identification. Notary Public (SEAL) My Commission Expires: OAE 1 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ' ~ EASEMENT '. ' Easement Number 30227 THIS INDENTURE, made and entered into this . day of ,19__._, between the · ' :' . :- BOARD OF TRUSTEES OF ~ INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, ' .- acting pursuant to its authority set forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as "GRANTEE". WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by the Pall Beach County Board of County Commissioners under Lease Number 3656; and WHEREAS, GRANTEE desires an easement across the hereinafter described real property for the construction and maintenance of water wells and associated water pipes and electrical utility lines; and WHEREAS, the managing agency has agreed to the proposed use of this land under this instrument. NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and agreements hereinafter contained, has granted, and by these presents does grant, a non-exclusive easement unto GRANTEE over and across the following described real property in Pall Beach County, Florida, to-wit: (See Exhibit "A" Attached) subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, Department of Environmental Protection. 2. TERM: The term of this easement shall be for a period of fifty years commencing on and ending on , unless sooner terminated pursuant to the provisions of this easement. 3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to the construction and maintenance of watcr wells and associated water pipes and electrical utility lines upon and across the propen'y described in Exhibit "A" during the term of this easement. This easement shall be non-exclusive. GRANTOR, retains the right to engage in any activities on, over, across or below the easement area which do not unreasonably interfere with GRANTEE'S exercise of this easement and further retains the right to grant compatible uses to third parties during the term of this easement. GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the land for the uses authorized hereunder. Iftllber is removed in connection with clearing this easement, the net proceeds derived from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion and to prevent any other degradation oftbe real property described in Exhibit "A" during the term of this easement. GRANTEE shall not remove water from any source on this easement including, but not limited to, a watercourse, reservoir, spring, or well, without the prior written approval of GRANTOR. GRANTEE shall clear, remove and pick up all debris including, but not limited to, containers, papers, discarded tools and u'ash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE, its agents, successors, or assigns, shall not dispose of any contaminants including but not limited to, hazardous or toxic substances, petroleum, fuel oil, or petroleum by-products, chemicals or other agents ..~ produced or used in GRANTEE'S operations, on this easement or on any adjacent state land or in any manner not permitted by law. GRANTEE shall be liable for all costs associated with any cleanup of the subject property which is a .... result of GRANTEE'S operations and use of the subject property. Upon termination or expiration of this easement GRANTEE shall restore the lands over which this easement is granted to substantially the same condition as existed on the effective date of this easement. GRANTEE agrees that upon termination of this easement all authorization granted hereunder shall cease and terminate. If the lands described in Exhibit "A" are under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any ~se of the real property authorized herein. 4. ASSIGNMENT: This easement shall not be assigned in whole or in part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior wr/tten consent of GRANTOR shall be · void and without legal effect. 5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect this easement and the works of GRANTEE in any matter pertaining to this easement. 6. NON-DISCRIIVllrNATION: GRANTEF. shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement or upon lands adjacent to and used as an adjunct of this easement.' 7. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be cons~,ued as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE obtaining all applicable permits and complyinE with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way affects any oftbe parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. Page 2 of 21 pages Easement No. 30227 10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or · ._ encumbrance of any nature against the real property of GRANTOR including, but not limited to, mortgages or conslruction liens against the real property described in Exhibit A or against any interest of GRANTOR therein. I 1. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this easement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, fiver, stream, creek, bay, estuary, or other water body or the waters or the a/r space thereabove. 13. ENTIRE UNDERSTANDIN,G: This easement sets forth the entire understanding be~veen the parties and shall only be amended with the prior written approval of GRANTOR. 14. TIME: Time is expressly declared to be of the essence of this easement. 15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all Fmancial and other records relating to this easement and GRANTOR shall have the fight to audit such records at any reasonable time during the term of this easement. This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR should GRANTEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this easement, pursuant to Chapter 119, Florida Statutes. 16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all liabilities that accrue to the easement area or to the improvements thereon including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against this easement. 17. AUTOMATIC REVERSION: This easement is subject to an automatic termination and reversion to GRANTOR when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein, and any costs or expenses arising out of the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE, including attorneys' fees. 18. RECORDING OF EASEMENT: The GRANTEE,, at its own expense, shall record this fully executed easement in its entirety in the public records of the county w/thin which the easement site is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which contains the O.R- Book and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the GRANTOR. Page 3 of 21 pages Easement No. 30227 19. GOVERNING LAW: This easement shall be governed by and interpreted according to the laws of the State of Florida. 20. SECTION CAPTIONS: Articles, subsections and other captions contained in this easement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this easement or any provisions thereof. Page 4 of 21 pages Easement No. 30227 IN WITNESS WHEREOF, the parties have caused this easement to be executed the day and year first above written. ' '- BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE , STATE OF FLORIDA By: (SEAL) · ~ :" .'/. Wimess GLORIA C. NELSON, PLANNING MANAGER, BUREAU OF PUBLIC LAND · . Print/Type Wimess Name ADMINISTRATION, DIVISION OF STATE LANDS, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Wimess "GRANTOR" Print/Type Witness Name ., STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of ,19__, by Gloria C. Nelson, Planning Manager, Bureau of Public Land Administration, Division of State Lands, Florida Department of Environmental Protect/on, acting as an agent on behalf of the Board of Tntstees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expk~: Approved as to Form and Legality By: DEP Attorney Page 5 of 21 pages Easement No. 30227 CITY OF DELRAY BEACH By: (SEAL) Witness Jay Alperin Print/Type Witness Name Title: Mayor ' Witness (OFFICIAL SEAL) "GRANTEE" Print/Type Witness Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing inslxument was acknowledged before me this day of ,19.~, by Jay Alperin, as Mayor of the City of Delray Beach, a Florida municipal corporation. He is personally known to me or produced as identification. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Page 6 of 21 pages Easement No. 30227 Exhibit A Page ? of 21 pages Easement No. 3022? . '.-'.-. UTILITY EASEMENT 20-Feet wide Utility Easement in State of Florida property within Morikami Park, Delray Beach, FL; lying, in Section 27, Township 46 South, Range 42 East, INDEX Page 1 Cover Sheet Pages 2-4 Legal Description Pages 5-7 Graphics LEGEND ORB Official Records Book WM Water Main FPL Florida Power & Light UPDATED ~ SOUTH. 101 $. K 8th Avenue. Suite E ~ ~v~rv~Az~u (56~)276-7341 20-feet wide Utility Easement - SKETCH b DESCRIPTION " , MAO AG/SKM 28ma~8 Exhibit A Page 8 of 21 pages Easement No. 30227 DESCRIPTION WATER MAIN EASEMENT WITHIN STATE OF FLORIDA PROPERTY. A twenty feet wi~e Utility Easement ~ver, under an~ across the land for t. he installation and maintenance of a water line, lying and being in the Southwest One-Quarter (Sw 1/4) of Section 27, Township 46 South, Range 42 East, Palm Beach County, Florida; lying ten feet each side of the following described centerline: -CO~NCING at the South Quarter Corner of said Section 27 as'shown on the right-of-way ~eed for Jo~ Road on ORB 1274, Page 346, Palm Beach County Records; thence North 00' 34~ 55" West along the North-South 1/4 Section line a distance of 679.90 feet; thence Sou~h 89° 25~ 05" West a distance of 53.78 feet; thence South 42' 36~ 50" West a distance of 47.00 feet; thence South 87° 36~ 50° West a distance of 244.25 feet; thence North 87' 51' 46" West a distance of 331.96 feet: thence North 87* 23~ 03" West a distance of 28.32 feet to POINT OF BEGINNING "A" at an intersection with the westerly boundary of the lands described as Parcel 4 in ORB 2477 pg 103; D "The East 20 feet of the West One-half of the Southeast One-Quarter of the Southwest One-Quarter AND the East One-half of the Southeast one-Quarter of the Southwest one-Quarter of Section 27-T46SoR42S." said point "A" being South 00° 34~ 11" East a distance of 22.42 feet from the Nor=h line of the South 1/2 of the South 1/2 of the Southwest 1/4 of said Section 27-T46S-R42E. thence continue North 87' 23~ 03" W a distance of 160.93 feet; ~hence North 76~ 36t 21" West a distance of 93.46 feet to Reference Point "S-1#; thence North 77~ ~5~ 00" West a distance of 221.60 feet; St4Y~ ~ E~mmt, s S~eet 2 of 7 ', ... L~alDescription Exhibit A ?ase 9 of 21 pa~es Easement No. 30227 thence South 70' 54~ 44~ West a distance of 188.07 feet to Point of ~nding "A" on the north line of the South 1/2 of the South 1/2 of the Southwest 1/4 of said Section 27; thence continue South 70' 54' 44" West a distance of 4.40 feet Point of Beginning thence continue South 70' 54' 44" West a distance of 209.57 feet; ~hence South 89° 13' 56e West a.distance of 394.02 feet to Reference Point · thence South 89' 11' 52e West a distance of 412.25 feet to Point of Endin9 "B" on the East line of the West 1/4 of the Southwest 1/4 of ...' the Southwest 1/4 of said Section 27, said point bein9 South 00' 32' ""' 22" Rast a distance of 68.66 feet from ~he North line of ~he South 1/2 of the South 1/2 of the Southwest 1/4 of said Section. TOGETH~R WITH Branch M-2 = Well M-2 BEGINNING at said Reference Point thence South 00' 10' 00" West a distance of 150.00 feet; thence, increasin9 to'an easement width of S0.00 feet; its centerline continues South 00' 10' 00" West a distance of 50.00 feet to a Point of Endin9. T0~R WITH: Branch M-II : Well M-11 (partially wi~h~ State property) BEGINNING at said Reference Point ' thence North 01° 23~ 22. West a distance of 49.16 thence, increasin9 to an easement width of 50.00 feet; its centerline continues North 01~ 23~ 22~ West a distance of 18.79 feet to a Point of Ending. The sidelines of said 20 feet wide Basements are to be extended or shortened to meet at an91e points, to meet the State of Florida property lines, ~d to meet the West Right-of-Way of Jo~ Road, as laid out and in use. St~t.e ~ ~ Sheet 3 of 7 t~jal ~,cription Exhibi~ A Pa~e i0 of ~1 pa~es Easement No. 30227 Subject to easements, restrictions, covenants, rights-of-way and reservations of record. NOTES : The centerline of the above-described Utility Easement was calculated from the the actual as-built location of the under,round Water Main line, as surveyed by Survey South in May of 1996. Traverse distances along the centerlines of the easements were measured on the ground. Dimensions of the different County and State properties comprising the area affected-were calculated from published grid distances. A discrepancy of 0.09' between grid and ground within the half-section half-mile was considered too small to affect the calculations involved for this report. Bearings shown hereon are referenced to a bearing of North 00 34' 55" West along the North-South Quarter Section line of said Section 27 per Certified Corner Record Documents Number 052420 (South 1/4 corner of Section 27) ~and Number 052415 (North 1/4 corner Section .~' ?'~Q'~'? SURVEY SOUTH, INC. · .j ..~Manuel A?~tierrez ~0~ S~ ~ Avenue · !~L, .~p. rofession&~. Surveyor & Mapper melray Seach, FL $S485 ? Fla. Reg.".'~t 4102 (56~) 276-~341 State ~1~ E~s Sheet 4 of 7 Legal Description Exhibit A Page 11 of 21 pages Easement No. 30227 · MATCH LINE~"/¢'"'",.~-'//~'~  ST-WM 1 ~"F,,F1~ '-o o > ;e CO .--'l.,FII...~ / ~ -..,. · o~,,..., .., ,,:,oo I 00'34'11" W 679.20' ' ~ I¢1/I I, ;o m . . ~ o_~z ..... ~ r- · ::rZ ~ ~ - ~-~lll\ I~/ .1~.,,$,/ ~ ~ ~ ~o ~ .., ::u-< ~o_,, ,,:, oc ~ --I (.o -OZ I ~ Z ~ -~, {J3 0 Z~ ::0o .~o Z ~ I _od~ >~ 0 o {-"- " ~ ~ o o 679.14' NOO'54'55"W - 679.90' ~ - ~k~'%-----N°rth-S°uth Querier-Section Line 1558.29' CENTERLINE JO(; ROAD J O.O R 0 A D (120' RIGHT-OF-WAY) Exhibit A Page 12 of 21 pages Easement No. 30227 · ' '- o MATCH LINE ~ 679.29' ' 679.26' S00'53'27"E ~m ~ ~oz ~o ~ o o ~ WELL M-2 S00'1 ( BRANCH M-2 MATCH LINE Exhibit A Base 13 of 21 pages Easement No. 30227 ~j/IJ~.J~l II I I I II ,'' . I~UU ~. ~U ¥¥ I ~ m~ ~O 8 68.6 ' ~7~.32' m NOO'32'43"W m >m m N C H M-11 ~o~° ° ~ ~ ~ ~ Z~ MATCH LINE Exhibit A Page 14 of 21 pages Easemen~ No. 30227 F.P.L. EASEMENT ]O-Feet wide Utility Eoseme~t in State of Florida property within Morikomi Park, Delray Beoch, FL; lying in Section 27, Township 46 South, Range 42 Eost. INDEX Page 1 Cover Sheet Pages 2-4 Legal Description , Pages" 5-7 Graphics LEGEND ORB Official Records Book WM Water Main FPL Florida Power & Light RLrVI~ONS DAI~ F.B'. UPDATED 811119e ~ ~UR~Y ~ * ~ ~ s U ~ v z Y o ~ ~ ' ~; SO~H lOl S. ~ 6th Avenue Suite E ' ~l~y ~ac~ ~orida ~83 ~ INCORPORA~D (5St)a?6-?341 l~-feet wide FPL Eosement SKETCH ~ DESCRIPTION MAG MA0/~KM 27ma~8 1'=100' MAG 94116sfe I of 7 Exhibit A Page 15 of 21 pages Easement No. 30227 DESCRIPTION FLORIDA POWER AND LIGHT EASEMENT WITHIN STATE OF FLORIDA PROPERTY. A ten-feet wide Utility Easement over, under and across the land for -i the installation and maintenance of an FPL under~round line, lying and being in the Southwest One-Quarter (SW 1/4) of Section 27, Township 46 South, Range 42 East, Palm Beach County, Florida; lying five feet each side of the following described centerline: · "" COMMENCING at the South Quarter Corner of said Section 27 as shown on ~ the right-of-way deed for Jo~ Road on ORB 1274, page 346, Palm Beach ~ 7- County records; thence North 00° 34' 55" West along the North-Sou~h 1/4 Section line a distance of 561.11 feet; thence South 89e 25' 05" West a distance of 52.27 feet; thence Nort~ 67° 09' 53" West a distal%ce of 56.30 feet; thence North 82° 21'! 24" West a distance of 167.90 feet; thenC~ North 86e 39' 35" West a distance of 53.17 feet: ~hence North 79° 47' 41" West a distance of 42.07 feet; thence South 89 ° 05' 59" West a distance of 130.95 fee=; thence North 83' 41' 51" West a distance of 57.01 feet; thence North 89 · 11' 56" West a distance of 71.59 feet; thence North 87 · $4' 30" West a distance of 66.47 feet to POINT OF BEGINNING "S-1" at the west line of lands described in Official Records Book 2477 p~s. 103-104 as Parcel 4: "The East 20 feet of the West 0ne-half of the Southeast 0ne-Quarter of the Southwest 0ne-Quarter AND the East one-half of the Southeast One-Quarter of the Southwest One-Quarter of Section 27oT46S-R42E." thence continue North 87° 34' 30" West a distance of 114.80 feet to Reference Point "B"; thence South 84· 03' 47" West a distance of 57.28 feet to Reference Point "C"; thence North 63° 25' 27" West a distance of 62.22 feet; Si:ate F'PL £asemnt Sheet 2 of 7 Leo~l Description Exhibit A Page 16 of 21 pages Easement No. 3022? thence North 74~ 54' 31" West a distance of 137.50 feet; thence North 88e 56' 33" West a distance of 89.31 feet; thence South 85e 22' 42" West a distance of 76.90 feet; thence South 73' 33' 44" West a distance of 63.05 feet to Point of Ending "D" at the North line of the Palm Beach County-owned lands described in Official Records Book 3938, Page 1420 : "The West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 27." TOGETHER WITH BEGINNING at said Reference Point thence North 14e 12' 16" West a distance of 91.00 feet to Point of Ending BEGINNING at reference Point thence South 67° 47' 27" West a distance of 16.89 feet; thence South 57· 48' 52" West a distance of 48.43 feet; thence South 44' 18' 29" West a distance of 36.88 feet; thence South 23 · 13' 20" West a distance of 61.37 feet; thence South 42 ' 17' 12" West a distance of 19.30 feet to Point of Ending TOGETHER WITH COMMENCING at the Northwest corner of the following described Parcel of land: "The West 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Sect. 27" as shown on ORB 3938 pb 1420. thence South 00° 33' 27" East along said west line a distance of 34.91 feet to Point of Beginning "S-2"; thence South 81e 30' 13' West a distance of 37.62 feet; thence South 70° 05' 42. West a distance of 140.52 feet; thence South 79 ' 37' 58" West a distance of 78.40 feet; thence South 87 ~ 58' 49" West a distance of 124.21 feet; thence North 88 · 11~ 43" West a distance of 135.22 feet; thence South 83 ' 00' 02" West a distance of 123.26 feet to Reference Point State FPL Eese¥~t Sheet 3 ~ 7 Legal Description Exhibit A Page 17 of 21 pages Easement No. 30227 thence North 80° 02' 11"West a distance of 62.98 feet; thence South 8~ 00' 45" West a distance of 71.18 feet; thence North 8~ 29' 17" West a distance of 119.72 feet; -~ thence South 85° 35' 16" West a distance of 63.83 feet; thence North 84° 48' 08" West a distance of 57.29 feet; ~' . thence South 86~ 11~ 10" West a distance of 2.66 feet to Point of Ending "F" at the east line of the Palm Beach County-owned lands ...' described on Official Records Book 2477, Page 103 : "~le West 1/4 of '''"~ the Southwest 1/4 of the Southwest 1/4 o~ Section 27."; said Point of · , Ending being South 00' 32' 22" East a distance of 95.64 feet from the north line of the South 1/2 of the South 1/2 of the SW 1/4 of said Section 27; TOGETHER WITH BEGINNING at Reference Point thence North 13° 49' 29" East a distance of 106.40 feet to Point of Endin~.'E". Subject to easements, restrictions, covenants, rights-of-way and reservations of record. .NOTES : The centerl[ne o~ the above-described Utility Easement was calculated from the the actual as-built location Of the Florida Power & Light underground line, as surveyed by Survey South in May of 1996. Traverse distances along the centerlines of the easements were measured on the ground. Dimensions of the different County and State properties.comprising the area affected were calculated from published grid distances. A discrepancy of 0.09' between grid and ground within the half-section half-mile was considered too small to affect the calculations involved for this report. Bearings Shown hereon are referenced to a bearing of North 00 34' 55" West along the North-South Quarter Section line of said Section 27 per Certified Corner Record Documents Number 052420 (South 1/4 corner of Section 27) and Number 052415 (North 1/4 corner Section 27). ! ~ ;(~ , /, · / · _,,~- prepared 22may98 by: , ' .~ ....~.~ / '[REVISRD 11aug98 by]: .~'~ .u ~, . . ~ . . SURVEY SOUTH, INC. ' i':i'~i~ '; ' .,,ManUel .A. G 101 SE 6th Avenue :> !,; ~k~. i j. 3,, Profes~konal Surveyor & Mapper Delray Beach, FL 33483 '~' ~ F~. Reg. # 4102 (561) 276-7341 Legal Description P~ge 18 of 21'pages Easement No.'30227 ~ Z~ ~,~ . , 679.20' ~ ~1/ OF THE ~1/20~ ~E SE1/4 / ~ ~,,,~l I~ I, OZ~ / 111~5~ - ~ ~ . ~ ~ ~Xlll ~0 ~o " m o ~ ~ II1~ " ~Z ~ o o ~ ~ ~ ~ ~hl~  O0 ~o ~1~1~ ~ ~ -~1 ~111_ ~ genlerline of 120 wid~ .~/~[~ ~ R/W JOG ROAD N 00'~ 4'55"W = - ~ =~ .... ~ - - re ~ / ~7g 18' ~ORTH'SOUTH QUARTER- NO0 W~ ~ SECTION lINE J 0 G R 0 A D (120' RIGHT-OF-WAY) ~358.2g' Exhibit A Page 19 of 21 pages Easement No. 30227 ' " ~ -~ MATCH LINE -0)>~0 ~: ST- FPLI "B" -' ~ m~,~ ": 67~.2~' '. ' ~ ~o ,~ ~. . ~' m < ~7~.2S' S00'33'27"[ ~ ~ ~0 ~ o ~ --o© ~ ~ ~, ~ m I ~ ~ ~ ' ~5',~I ~O'~O., '~ ' Exhibit A Page 20 of 21 pages Easement No. 30227 N 00'32'00"W 1358.77' c~ r- I · -~ > ~ ~,,L.~ 0'~ 2:::003 · ~ 0 ~- ¢~ 0 C:: 03:~ ~ ~0 ~ 0 ~ ~ o II ~ ~0 0 I ~ I 3 ~1 ~ .~ ' N00'32 ~3 W "B" ~ ~ o ' ' ST-FPLI ~ o ~ '"~ Exhibit A Page 21 of 21 pages Easement No. 3022? Memorandum TO: David Harden, City Manager THRU: Lula Butler, Director, Community Improvement Departmen~r~ FROM: Charles Bender, Coordinator, Community Development Division ~-~, DATE: March 29, 1999 SUBJECT: Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidy to two eligible applicants under the Delray Beach Renaissance Program. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year has been approved by all partners and the City Commission. The Parmership is currently operating under the parameters of this extended agreement. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION Staff is recommending City Commission approval to fund subsidy for the two eligible applicants of the following property: Lot 20, Block 6, Rosement Park/$20,000 Lot 2, Subdivision of Section 17/$11,045 s :\commun~renprg\comagend.doc AGENDA REQUEST Request to be placed on: Date: March 29, 1999 __ Regular Agenda Special Agenda Workshop Agenda xxxx Consent Agenda When: April 6, 1999 Description of item: Authorization and approval to issue subsidy to two eligible applicants under the Delray Beach Renaissance Program totaling $31,045.00. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy awards. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total $ 31,045.00 Account # 118-1924-554-83.01 Department Head Signature: ~~ City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~/NO Funding Alternatives: (if applicable) Account No. & Description: \\c.~. ~ \cyhq _~[ ~5,0 [ Accost Bal~ce: ~q,~q~,~ 3~ ~c~~] ~ C. City Manager Review: Approved for Agenda~O ~ Hold Until: ~/ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approve~Disapproved s:\commun- 1 \cd~renprgm\agenrequ.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.01 NAME Brooke Miller PROPERTY ADDR.ESS 806 SW 6t~ Avenue, Delra¥ Beach LEGAL DESCRPTION Lot 20, Block 6, Rosemont Park % OF AREA MEDIAN HOUSEHOLD INCOME 68 # IN HOUSEHOLD 2 COST OF CONSTRUCTION $78,796 COST OF LOT $11,485.00 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 71 ~800.00 Community Finance Consortium RATE 6.625 % LTV 80 % SECOND MORTGAGE $ City of Delray, HOME $ 20,000.00 City of Delray, SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $ 150.00 Escrowed $ 500.00 Paid at closing $ 1,666.00 TOTAL TRANSACTION $ 94~116.00 s:\cdXrenprgXsubreqst.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 67.00 NAME Vera Mobley PROPERTY ADDRESS xxx NW 2nd Street, Delray Beach LEGAL DESCRPTION Lot 2, Subdivision of Section 17 % OF AREA MEDIAN HOUSEHOLD INCOME 64 # 1N HOUSEHOLD 2 COST OF CONSTRUCTION $78,058 COST OF LOT .$ 9,000 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 76,100.00 Community Finance Consortium RATE 6.625 % LTV 90 % SECOND MORTGAGE $ City of Delray, HOME $ 11,045.00 City of Delray, SHIP $ CRA of Delray $ 2,000.00 Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $ 150.00 Escrowed $ Paid at closing $ 1,850.00 TOTAL TRANSACTION $ 91~145.00 s:\commun~renprg~subrest.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~O - REGULAR MEETING OF APRIL 6, 1999 RESOLUTION NO. 18-99 DATE: APRIL 1, 1999 This is a resolution assessing costs for abatement action required to remove nuisances on eight (8) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 18-99. ref: agmemol2 s / citycle rk / agenda99/agmemol2 RESOLUTION NO. 18-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INC0~RED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEV~fING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DU~ DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance (s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); aha, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City A~4nistration wes therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involvedl and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made e part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations'upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of' eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Rcs. N0.18-99 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney*s fee. PASSED AND ADOPTED in regul&r session on this the MAYOR ATTEST: City Clerk 3 Res. No. 18-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER I ASSESSMENT SUB 9-46-43, E 170 FT OF W 295 FT OF N 100 FT OF LOT 35 & E 170 FT OF W295 FT OF S 35 FT OF LOT DAVID C. CRAFTS& 28 IN DB 647, P 170, PB 1, P 3, PUBLIC RECORDS OF SANDRA A. CRAFTS PALM BEACH COUNTY, FL 5207 LINDELL BLVD. (728 & MORE NO. OCEAN BLVD.) ST. LOUIS, MO 63108-1223 $ 42.00 $ 70.00 ADM FEE FIRST NATIONWIDE i CHATELAINE NO. 1, LOT 2, BLOCK 7, PB 29, P 95, MORTGAGE CORP. PUBLIC RECORDS OF PALM BEACH COUNTY, FL 386 NO. WABASHA # 500 (731 WEST CHATELAINE BLVD.) ST. PAUL, MN 55102-1312 $ 61.00 i$ 70.00 ADM.FEE ~ I I SILVER TERRACE DELRAY, LOTS 4 & 5, BLOCK 2, L.D. TERRY PB 11, P 61, PUBLIC RECORDS OF PALM BEACH 3111 S.W. RUCKS DAIRY COUNTY, FL ROAD OKEECHOBEE, FL ! (1205 SO. DIXIE HIGHWAY) !34974-8639 $ 61.00 ~ $ 70.00 iADM.FEE I SUNNY HEIGHTS AMDNDED, LOT 1, BLOCK 1, PB CARLA A. THOMAS 27, P 194, PUBLIC RECORDS OF PALM BEACH 321 WEST 8TH STREET i COUNTY, FL (321 SW 8TH STREET) DELRAY BEACH, FL 33444 i $ 196.00 ...................... ~$ 70.00 ~M.FEE CHEVY CHASE, LOTS 46 & 47, PB 24, P 27, PUBLIC MARTIN WEISBERG RECORDS OF PALM BEACH COUNTY, FL 491 NO. FEDERAL HVVY# 159 (312 BEVERLY. DRIVE) BOCA RATON, FL 33487 i $ 76.00 MOLLIE K. BOWLES iNICHOLS 2ND ADD TO DELRAY BEACH, LOT 14, PB GUARDIANSHIP PROGRAM OF 21, P 70, PUBLIC RECORDS OF PALM BEACH DADE COUNTY COUNTY, FL 7950 NW 53RD STREET # 301 (304 SW 7TH STREET) MIAMI, FL 33166-7903 $ 69.00 $ 70.00 ADM.FEE Res. No. 18-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE SUB OF SEC 20-46-43, S 78 FT OF W 168 FT OF E 1/2 OF W 1/2 OF LOT 30 E OF GERMANTOWN ROAD ~ (LESS30 FT OF SW 10TH AVE RD R/W), PB 28, P 68, CHERLY A. CARLEY PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1200 NORTHFIELD ROAD (VACANT LOT SO. OF 1103 WALLACE DRIVE) WATERTOWN, CT 06795-1419 $ 107.00 $ 70.00 ADM. FEE DELRAY SHORES 1ST ADD, LOT 12, BLOCK 12, RON & LYNN GIBBS & PB 28, P 2, PUBLIC RECORDS OF PALM BEACH CHARLOTTE VANTINE COUNTY, FL ROUTE 6 BOX 399-B (2788 LAKE IDA ROAD) MURPHY, NC 28906-9658 $ 45.00 $ 70.00 ADM. FEE VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. 5 Res. No. 18-99 TO: DAVID T. HARDEN, CITY MANAGER FROM: ONING DIRECTOR SUBJECT: MEETING OF APRIL 6, 1999 **CONSENT AGENDA** APPEAL OF SPRAB DECISION RE: AWNINGS FOR NUTRITION COTTAGE AND MIXED BAG (407 and 411 EAST ATLANTIC AVENUE) On March 3, 1999 SPRAB approved awnings for two businesses located in the old Arcade Tap Room building: the Nutrition Cottage, and the Mixed Bag. The existing awnings on the building (located on the second story windows, over the entry to Peter's Stone Crab, and over the Mixed Bag storefront) are a dark teal color. The Mixed Bag wanted to replace their existing torn awnings with light teal colored awnings. The Nutrition Cottage requested a burgundy awning over its storefront windows, which are on the opposite side of Peter's from the Mixed Bag. This would have created an imbalance in the overall appearance of the building. Both businesses were represented at the SPRAB meeting by the Delray Awning company, and the owner of the Nutrition Cottage was also present. No one from the Mixed Bag attended the meeting. SPRAB approved burgundy awnings for both businesses. This created a conflict between the businesses, as the Mixed Bag owner stated afterwards that she did not want the burgundy color. It was also contrary to staff's recommendation that the Board approve either teal awnings or another color that was more complementary to the existing awnings than the burgundy. Staff placed the item back on the SPRAB agenda for March 17, 1999, in order to allow representatives from both businesses to attend, and to select a mutually agreed upon color. In the meantime, the item was pulled from the list of Appealable Items at the March 16, 1999 City Commission meeting by Commissioner Schmidt, in case SPRAB declined to re-hear the item and/or satisfactorily resolve it. On March 17, SPRAB rescinded its previous approval of the burgundy awnings and approved a dark teal color to match the existing awnings. Representatives from both businesses were present and agreed with the decision. By motion, rescind the appeal of the March 3, 1999 SPRAB decision regarding the awnings for the Mixed Bag and Nutrition Cottage at 407 and 411 East Atlantic Avenue. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~O - REGULAR MEETING OF APRIL 6, 1999 RESOLUTION NO. 18-99 DATE: APRIL 1, 1999 This is a resolution assessing costs for abatement action required to remove nuisances on eight (8) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 18-99. ref: agmemol2 s/citycler k/agenda99/agmemo12 RESOLUTION NO. 18-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSIN~ COSTS FOR ABATIN~ NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDINa THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMMNT~ SETTINa OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYIN~ THE COST OF SUCH ABATEMENT OF NUISANCES~ PROVIDIN~ FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PR0VIDIN~ FOR THE RECORDIN~ OF THIS RESOLUTION, AND DECLARIN~ SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon oertain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); ahd, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice~ and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Colission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beech, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of' eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings includlng a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. No. 18-99 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the MAYOR ATTEST: City Clerk 3 Res. No. 18-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION I OWNER I ASSESSMENT I SUB 9-46-43, E 170 FT OF W 295 FT OF N 100 FT OF LOT 35 & E 170 FT OF W295 FT OF S 35 FT OF LOT DAVID C. CRAFTS& 28 IN DB 647, P 170, PB 1, P 3, PUBLIC RECORDS OF SANDRA A. CRAFTS PALM BEACH COUNTY, FL 5207 LINDELL BLVD. (728 & MORE NO. OCEAN BLVD.) ST. LOUIS, MO 63108-1223 $ 42.00 $ 70.00 IADM. F__EE FIRST NATIONWIDE CHATELAINE NO. 1, LOT 2, BLOCK 7, PB 29, P 95, MORTGAGE CORP. PUBLIC RECORDS OF PALM BEACH COUNTY, FL 386 NO. WABASHA # 500 (731 WEST CHATELAINE BLVD.) ST. PAUL, MN 55102-1312 $61.00. i$ 70.00~DM-FEE SILVER TERRACE DELRAY, LOTS 4 & 5, BLOCK 2, L.D. TERRY i PB 11, P 61, PUBLIC RECORDS OF PALM BEACH 3111 S.W. RUCKS DAIRY COUNTY, FL ROAD OKEECHOBEE, FL (1205 SO. DIXIE HIGHWAY) 74974-8639 i $ 70'00iADM'FEE SUNNY HEIGH.TS AMDNDED, LOT 1, BLOCK 1, PB LA A. THOMAS 27, P 194, PUBLIC RECORDS OF PALM BEACH ,321 WEST 8TH STREET COUNTY, FL (321 SW 8TH STREET) tDELRAY BEACH, FL 33444 i $ 196.00i ................ I$ 70.00 ADM.FEE CHEVY CHASE, LOTS 46 & 47, PB 24, P 27, PUBLIC MARTIN WEISBERG RECORDS OF PALM BEACH COUNTY, FL 491 NO. FEDERAL HVVY# 159 j (312 BEVERLY. DRIVE) BOCA RATON, FL 33487 $ 76.00 $ 70.00 iADM.FEE MOLLIE K. BOWLES NICHOLS 2ND ADD TO DELRAY BEACH, LOT 14, PB GUARDIANSHIP PROGRAM OF 21, P 70, PUBLIC RECORDS OF PALM BEACH DADE COUNTY COUNTY, FL 7950 NW 53RD STREET # 301 (304 SW 7TH STREET) MIAMI, FL 33166-7903 $ 69.00 $ 70.00 ADM.FEE Res. No. 18-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE SUB OF SEC 20-46-43, S 78 FT OF W 168 FT OF E 1/2 OF W 1/2 OF LOT 30 E OF GERMANTOWN ROAD (LESS30 FT OF SW 10TH AVE RD R/W), PB 28, P 68, CHERLY A. CARLEY !PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1200 NORTHFIELD ROAD , (VACANT LOT SO. OF 1103 WALLACE DRIVE) WATERTOWN, CT 06795-1419 $ 107.00 $ 70.00 ADM. FEE DELRAY SHORES 1ST ADD, LOT 12, BLOCK 12, RON & LYNN GIBBS & PB 28, P 2, PUBLIC RECORDS OF PALM BEACH CHARLOTTE VANTINE COUNTY, FL ROUTE 6 BOX 399-B !(2788 LAKE IDA ROAD) MURPHY, NC 28906-9658 $ 45.00 $ 70.00 ADM. FEE VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CO~NSTITUTING HAZARDS; DECLARED NUISANCE. 5 Res. No. 18-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF APRIL 6, 1999 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: APRIL 1, 1999 Attached is the Report of Appealable Land Use Items for the period March 15th through April 2, 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: agmemol 1 s/cit ycler k/agenda 9 9/agmemol 1 TO: DAVID T. HARDEN, CITY MANAGER ~ ' ~~ SUBJECT: MEETING OF APRIL 6, 1999 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MARCH 15, 1999 THRU APRIL 2, 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 15, 1999 through April 2, 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. No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. · Recommended approval (5 to 1, Young dissenting and Eliopoulos absent), of a 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 NE 1st Street. City Commission Documentation Appealable Items Meeting of April 6, 1999 Page 2 · Recommended denial (6 to 0), of an abandonment request for the 16 foot alleyway lying within Block 83 (south portion) for Creations of Pineapple Grove. · Recommended approval (6 to 0), of an abandonment request for the alleyway lying within Block 26, Del Raton Park, located west of Frederick Boulevard, between La Mat Avenue and Avenue H. · Recommended approval on a 6 to 0 vote, requests for conditional use approval and rezoning from R-I-A (Single Family Residential) to CF (Community Facilities) for a parcel of land located on the south side of Sterling Avenue, approximately 150 feet west of South Swinton Avenue for a private school known as Bar and Ferg's Academy. · Recommended approval (6 to 0), of the transmittal of Comprehensive Plan Amendment 99-1. Included with this amendment the Board recommended approval of the following Future Land Use Map amendments: 1. Future Land Use Map amendment from Transitional to Open Space- Conservation and rezoning from POC (Planned Office Center) to OS (Open Space) for Delray Oaks Preserve, located at the northwest corner of Congress Avenue and SW 29th Street. 2. Future Land Use Map amendment removing the Large Scale Mixed Use overlay for Delray's Lost Drive-In (fka Delray Swap Shop), located on the east side of North Federal Highway approximately 500 feet north of Allen Avenue. The following items which were considered by the Board have previously been forwarded to the City Commission for action. · Recommended approval (6 to 0), of an amendment to the Land Development Regulations, Section 8.4. "Special Assessments" to clarify the process of making special assessments. · Recommended on a 6 to 0 vote that the City Commission forward a formal objection specifically with respect to the traffic impacts relating to the Blue Lake DRI project. A. Approved (6 to 0), revisions to the master sign program for Ocean City Lumber Company, located at the southeast corner of Pineapple Grove Way and NE Ist Street. City Commission Documentation Appealable Items Meeting of April 6, 1999 Page 3 B. Reconsidered the action taken at the Board's March 3, 1999 meeting with respect to the condition that the same burgundy color be used for awning additions by both 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 rescinded the previous condition and on a 6 to 0 vote approved a teal color to match the existing awnings. C. Denied (6 to 0), a request to change the approved light poles and fixtures at Darren's Ridge a townhouse development, located on the west side of Florida Boulevard at the intersection of Florida Boulevard and Avenue C. D. Approved (6 to 0), the architectural elevation plan to allow the construction of two canopies for Executive Motors, located on the west side of South Federal Highway, between Fladell's Way and Transportation Lane. E. Approved with conditions (6 to 0), a Class II site plan modification and architectural elevation plan associated with the construction of a 3,810 sq. ft. building addition at Ted Juracsik Tool 8, Die, located at the east end of Dr. Carol Krol Way (approximately 420 feet east of Congress Avenue). Concurrently, the Board granted a reduction in parking from the required 52 spaces to 50 spaces. F. Approved with conditions (6 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a gymnasium/community facility for St Vincent Ferret Church, located on the south side of George Bush Boulevard, between NE 8th Avenue and Palm Trail. Concurrently, the Board approved a request to eliminate the required 5' landscape strip between parking tiers within the parking area on the north side of the gymnasium/community facility. G. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 15,000 sq. ft. medical/office complex, for Delray Office Facility, located on the north side of West Atlantic Avenue approximately 120 feet west of Coral Trace Boulevard. H. Approved with conditions (6 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the construction of a mixed-use development for Arena Property, located at the southwest corner of NE 5th Avenue (southbound Federal Highway) and NE 3rd Street. The development proposal involves 3,488 sq. ft. of retail on the first floor and 4- one bedroom apartments on the second floor and a 504 sq. ft. addition to the existing window tinting facility. Concurrently, the Board granted the following waivers: City Commission Documentation Appealable Items Meeting of April 6, 1999 Page 4 · Reduced the required stacking distance along NE 5th Avenue from 20' to 10.5'. · Reduced the required perimeter landscape areas from 5' to 4.5' within the parking area on the west side of the existing building. · Approved the encroachment of a decorative sidewalk into the required special landscape setback. · Reduced the required terminal landscape island width from 5' to 2.5' on the west side of the existing building and reduced the landscape island adjacent to the existing building from 5' to 3'. 1. Approved (5 to 0, John Johnson absent), a request for a Certificate of Appropriateness associated with replacing the roofing material from flat cement tile (terra cotta color) to barrel type cement tile (antique green color) family residence located at 219 SE 7 Avenue. for a contributing single t 2. Approved (5 to 0), a request for a Certificate of Appropriateness for two temporary aluminum signs to be installed on the north and west elevations of the M & J Saveway Market, located at the southeast corner of NW 5th Avenue and Martin Luther King Jr. Drive. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- ~~. April 6, 1999 L.30 CANAL J ~: LAKE IDA ROAD [- . . r- ....... ATLANTIC LOWSON BOULEVARD S.W' lOTH ST.  ,, LINTON BOULEVARD · ! t,, ! . ~i ' ' i_ ..... J $.~.R.A.B.: H.P.B.: ......... CrTY LIMITS B. NUTRITION COTTAGE & MIXED BAG 2. M & J SAVEWA¥ C. DARREN'S RIOGE D. EXECUTIVE MOTORS j O,E M,E E. TED JURACSIK TOOL & DIE a~,,tc sC~L~ F. ST. VINCENT FERRER CHURCH G, DELRAYOFFICEFACILITY PLANNING & ZONING DEPARTMENT H, ARENA PROPERTY - - DIGITAL BASE MAP SYSTEM MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~t~ SUBJECT: AGENDA ITEM ~& REGULAR MEETING OF APRIL 6;, 1999 AWARD OF BIDS AND CONTRACTS DATE: APRIL ~, 1999 This is before the City Commission to approve the award of the following bids and contracts: (1) Contract award in the amount of SSe$,eSl.OO to Insituform Technologies, Inc., via an existing Broward County contract, for trenchless rehabilitation of the gravity sewer system serving Lift Station 5, with funding from szbfl-5178-556;-6;$.51 (R&R/Sewer Mains). Contract award in the amount of $15,550.00 to Murray Logan Construction, Inc., via an existing Palm Beach County contract, to provide labor and equipment for the rehabilitation of Lift Station Se (the City will provide all materials), with funding from {{~-5178-556;-6; 1.83 (R&R/Lift Station Conversion to Submersible). Purchase award in the amount of $6;0,65~.00 to Perkin Elmer, via GSA contract, for the purchase of an Atomic Absorption Instrument for the Water Treatment Plant. This is an accelerated replacement purchase for Year e000 compliance, with funding from 5178-536;-6; 1.76; (R&R/Equipment Replacement Program). (4) Contract renewal with Chemical Lime Company, via City of Boynton Beach co-op bid, for the purchase of bulk quicklime for the Water Treatment Plant at an estimated annual cost of $~6;~,76;~.00, with funding from ae~l-515~-536-52.fll (Water Treatment & Storage/Chemicals) out of the FY e000 budget. (5) Contract renewal with Jones Chemical Inc., via City of Boca Raton co-op bid, for the purchase of liquid chlorine for the Water Treatment Plant at an estimated annual cost of $58,750.00, with funding from a~l-51fl~-536-5fl.~l (Water Treatment & Storage/Chemicals) out of the FY fl000 budget. (6;) Purchase award in the amount of $~3,757.75 to Otto Industries, Inc. for the purchase of 581 Otto MSD-6;8e (6;8 gallon) garbage carts, with funding from (Cart Renewal & Replacement). (7) Ratification of emergency purchase in the amount of $14,e00 to Florida Diesel Truck and Marine Services, Inc. for the repair of Fire Department Vehicle #9e50, a 1~9~ Pierce Ladder Truck, with funding from 501-3311-591-5~.5~ (City Garage - Outside Services). Recommend approval of the bid and contract awards listed above. retqagmemo 17 AGENDA REQUEST Agenda Item No. ~ '/ Date: March 25, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: April 6, 1999 Description of item (who, what, where, how much): Staff requests Commission award of a contract to Insituform Technoloqies, Inc. for trenchless sanitary sewer rehabilitation utilizing an existing Broward County Contract. The Lift Station 5 gravity sewer system has been reviewed by our surveillance crew and found to have siqnificant inflow and infiltration into the pipes. There are also several areas with major root intrusion and service lateral damage. By usinq trenchless technology to rehabilitate the 7,200 L.F. of sewer mains, there will be minimal disruption to the neighborhood and minor restoration required. The total amount of this contract is $523,251.00 and fundinq is available from R&R Account # 442-5178-536.63.51 Sewer Mains. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of a contract to Insituform Technologies, Inc. off the Broward County Contract in the amount of $523,251.00. Department head signature: Determination of Consistenc~ with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/NO Funding alternatives (if applicablq) Account No. & Description~ -_~lq~-~%~-~,~! ~U)d~ ~t~l~ Account Balance ~ ~0.~ ~n c9~ '~ ~ ~ Q~ ~d · City Manager Review: ~/ ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved C:\My Documents\system5.AG.doc City Of Delray Beach Department of Environmental Services . M E M 0 R A N D U M TO: David T. Harden City Manager FROM: C. Danvers Beatty, P.E. c/~[~,lJ~es Deputy Director of Publi DATE: March 25, 1999 SUBJECT: Rehabilitation of Lift Station 5 Gravity Sewer Network Attached is an Agenda Request and supporting documentation for award of a contract to Insituform Technologies, Inc. for trenchless sanitary sewer rehabilitation utilizing an existing Broward County Contract. The Lift Station 5 gravity sewer system has been reviewed by our surveillance crew and found to have significant inflow and infiltration into the pipes. As you may recall, this is one of the areas that backed up into several homes during hurricane Mitch as a result of infiltration into the lines. There are also several areas with major root intrusion and service lateral damage. By using trenchless technology to rehabilitate the 7,200 L.F. of sewer mains, there will be minimal disruption to the neighborhood and minor restoration required. The total amount of this contract is $523,251.00 and funding is available from R&R Account # 442- 5178-536.63.51 Sewer Mains. Please place this item on the April 6, 1999 Agenda for consideration by City Commission. CDB/cdb cc: Richard C. Hasko, P.E., Director of Environmental Services Mike Offie, Manager, Water/Sewer Network Division City Clerks Office Agenda File C.'lMy DocumentslSYSTEMS.MEM. doc ~ . ~. / r i ! i ~ k .... ---~ / I / / i ~x>N~) wAY _ .... L_J__i_.L.CL....~..~ / ~ /'"; /' r ......... dL..,--L.--~ - -~ .......... ~ ~ · ~-,- ,,~ r- · 'X /' ............. ~ I ~ ~ ........ d ~ ~ i ~ 'i ~ ' ' ) 11. ~ ............ ~ ~ ................ ~ .......... , ~:~ ~ ,- ~ , , ,~ ~ ~ ~ ~ ~ ~ ~ , f ................. 4 ~L~: I .... xT~ "--~ ~ ~ ~' ............. ~: ........ ~ ~ ........ ~- .... ~ F~ .... ~ 1.; ~ '"": ~ ~ ~ ,-....~ { i i ............ _~ ~¥ ........ ~c,~ ........ ~ ............ ~di ........... ~ ...... ~ L ..... ~ ....... ~ ~. ....... ~- .. ~ p .... ~ ..... 4 , ............. ~ ~ ......... ~ ~ ......... 434 ~m ~N Am, D~Y ~, ~A 8~ 99-500 I~ ~0 0 0 0 '~' 0 C~ 0 0 0 0 O0 I.O 0 0 0 I'-- 0 0 0 ~' 0 0 0 O0 0 0 0 -- 0 0 0 ~' 0 0 0 ~00 0 0 O- 0 ~'- 0 O~ 0 0 0 0',. CO r',,. ~ 0 0 0 0 ~ 0 0 0 0 ~ 0 0 0 ~ 0 ~ 0 0 0 0 ~ 0 0 0 0 ~ 0 0 0 0 ~ 0 0 0 ~ 0 ~ 0 0 0 0 ~ 0 ~ 0 0 0 0 0 0 0 ~ 0 0 0 ~ 0 ~ 0 ~ 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 X 0000 ~o00 000 ~00~ 0~ 0~ ~) C~l 0 0 0 Insituform Worldwide Pipe~i.e 2892 Hammock Drive Tek 954-325-3600 T~Jr~O~;/r~ Rehabilitation Plant City, FL 33567 Fax: 813-754-4553 WWW. Insituform. Com March 22, 1999 Mr. Scott Solomon Department of Environmental Services City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL, 33444 Re: "Piggy-back" Insituform Technologies, Inc. Broward County Annual Contract. Dear Scoff; Insituform Technologies, Inc., is pleased to offer the use of the existing Broward County Contract for the City of Delray Beach. Attached is a copy of the contract and the letter extending the contract for year 1999. All terms and conditions of the contract will be honored by both the City and Insituform. Respectfully, VP and General Manager- Florida Region 12/29/98 T[.~ 10:02 F.&I 99543578535 BRWD CO PL~CHSNG ~001  Pu~'hasing Division 115 S. An~¢®ws Avenue, Room FO~ Louder~ole, FL 3330~ SRO~ARD COUN (964) 357-6065 · FAX (954) 357-8535 ~ecembe~ 29, 1998 2n~it~form ~outheast~ ~¢, Mr. Terry Adderhold, Vice President E o Box 41629 11511 Phillips Highway South Jacksonville, FL 32256 Contract #P-890-96, for Insitufomn Process expires December 31, 1998 and has a provision for renewal under the original pricing, terms, conditions and specifications for a one (1) year period through December 31, 1999. Under Section 21.119.b.6., Broward County Procur~ent Code, a Vendor who ~ters into a Contract with =he County and then re~ests c~callation ~y be debarred from further business with the County ~or a 9cried generally not to exceed three (3) years. Thls action will be invoked if you ~ndkca=e approval of the Cent=act renewal and s~se~en=ly fail without sufficient a~d 3ust ca,se". Your response must be received in the Pur~asing Division no la~ ~ 5:00 ~= 30, 1998 Failure =o respond will be de--ed as e~dence that your fi~ is no longer interested in re~esting its option to renew this Contract. If ~ecked, please s~t the fo~ list~ below, if you have offer~ =o renew this contract. __A Certificate of Insurance is required and should be attached. Your cooperation in this matter is appreciated. For =ur~her info~tionplease oontact Robert S~th of the Pur~asing Division telephone ~[954] 357 6265 F~ ~[954] 3ST-S527. ~S: ~ offer to ~new this contract ~der the ori~ina! te~, pti=lng, conditions, and pecificaUions for one (1) year. NO, we do not wish to renew this contract. Name: Title: the annular void. Payment i~ based on a un£t price ~er v~rcical foot of inser~ installed. h. Complete ~pe¢ilica~ions describing the above quo~ed items are available. 8eotion C! _~t~lTllt! E~WER_I~CONSTROCTION I. ~neoec~_~o. ~alu~tion. and C].eaninq **~* For pricing in tl~s area. please =~r ~o Section A. Inspections, Evalua~ion, and Cleaning ordered indapen~ent of Sanita~ S~wer Reconst~cti6n wo~d adhern ~o th~ limit~ described in Sec~ioa A. Inspection. Evaluation, and Cleaning semites ordered in ~n~c~ten wi~h Sani~a~ Sewer ~euons~ruccion ~uld be ~ect =o ~ho limi=a ' descrxbed below for Pipe Reconst~c~ion. II. ~ench~s~ive ~a. Santta~ Sawer Mains, 6" Diameter 4.5 ~ No~nal Thic~ess (,177) $ b. Sani~a~ Sewer Mains, 8" Diameter 6.0 ~ Nominal ~ickness (.236) $ ~ per c. Sa,~ita~ Sewer Mains, 10" Diameter 8.0 ~ Nominal Thic~ess (.2t6) $ 7.~ ~ Nominal Thic~ess (.295) ~ 6.0 mm Nominal Thickness (.236) $ ~.5 ~n Nominal Thi=~ee~ {.295) $ ' e. 8anita~ Sewer Mainu, 15" Diameter ~.0 mm Nominal Thic~ess (.236) 7.f ,,m Nominal Thic~es~ i.2~5) 9.0 ~ Nominal Thickne~s (. 354) $ ~ ~- ~,. per If ~. Sani~a~ Sewer ~aln~, 18" :ON ']BI :flI IN:60 I~ S6,-80-3N(I AGENDA REQUEST Agenda Item No. ~1~ ~ . Date: March 25, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: April 6, 1999 Description of item (who, what, where, how much): Staff requests Commission approve the following services to be provided by Murray Logan Construction, Inc. utilizing an existing Palm Beach County Contract. Murray Logan will provide labor and equipment to rehabilitate Lift Station 52. The interior piping and rails within the lift station are badly corroded and in need of replacement. Additionally, the valves, which are currently located within the wet well, will be relocated outside the wet well and placed in a new valve pit. The City will provide all materials. The total amount of these services is $15,530.00 and funding is available from R&R account #442- 5178-536-61.83, Lift Station Conversion to Submersible. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of services to be provided by Murray Logan Construction, Inc. off the Palm Beach County Service Contract in the amount of $15,530.00. : ~.-~-~ Department head signature -. . Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~'~NO Funding alternative~-" (if applicable) Account No. & Descr~ption~-,~/~ -~, ~ -~ 2. ~J ~'~ ~[~ (~'~ ~'~'~ezs'~2 Account Balance_~~/~) o~ ~ 3,~/'~? ~$~/7.d)' City Manager Review: Approved for agenda: ~ES/NO W g// /~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved C:\My Documents\LS52AG.DOC City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden City Manager FROM: C. Danvers Beatty, Pu~='''~~~bjJjS'0tilities Deputy Director of P DATE: March 25, 1999 SUBJECT: Rehabilitation of Lift Station 52 Attached is an Agenda Request and supporting documentation for the following services to be provided by Murray Logan Construction, Inc. utilizing an existing Palm Beach County Contract. Murray Logan will provide labor and equipment to rehabilitate Lift Station 52. The interior piping and rails within the lift station are badly corroded and in need of replacement. Additionally, the valves, which are currently located within the wet well, will be relocated outside the wet well and placed in a new valve pit. The City will provide all materials. The total amount of these services is $15,530.00 and funding is available from R&R Account # 442-5178-536.61-83 Lift Station Conversion to Submersible. Please place this item on the April 6, 1999 Agenda for consideration by City Commission. CDB/cdb cc: Richard C. Hasko, P.E., Director of Environmental Services Bob Bullard, Manager, Maintenance Division City Clerks Office Agenda File C: IMy Documents~LS52.MEM. doc " . . :MuRRAyLOGAN CoNsTRucTION, INC. 313 65th TRAIL NORTH WEST PALM BEACH, FLORIDA 33~[13 Excellence TELEPHONE (561) 686-394~ .Since FAX ~561) 686-7465 1968 March 1, 1999 Gity of Dolray Beach - ' 434 South S~nton Kvenue Delray Beach, ~ 33444 .' .' Pursuit to myrerent field ~sit. Jo L.S. fi2 ~d Upon your request MurraY Logan .on.stru. eti.on, Inc. submlt~ the following SCOPE O~ WO~ 3; ~emove and demo old dhchm,ge plptn~, - :_ ' ' 5. Reset pinups o~J now basephtes: 6. Patch wgBvefl, 7. PiPe Out.stafioli:thr°ugh to new V. vault fie into to e~sfing force m~n, (~ner .. furnished Pipe ~ valves), ' ....... · ...... ..:7. ......... : ...... 8. Set new valve Ymflt, {Owner furMshed precast), ' ' ' 9. 'Patch a~Phalt s~dewnl.k., 10, Electric find restoration by o/her~, GRAND TOTAL COST $15,530.00 Alternate price for Fosroe cement Limer for wet well. & valve vault -'$9,775.00 (Includes year win.rarity). tn closing, if I can be of further assistance to you, please do not hesitate to call me, Bruce G. Smith D?/2~/'/.qg_q g~:38 5~1-5~,5-T~_,~ MURR1 PAGE g2/D2 MURRAY LOGAN CONSTRUCTION, INC. General Contractors 3t3 65t~ TRAIL NOR?B ?~xc~l/ence WE57 PALM ~EACH, FLORIDA ~34~ 3 ~ TELgP~DN.E (561) 686-3948 Since FAX (~61} 686-7465 }larch ~, 1999 CtW of Deiray Beach 434 S Swinton Aenae Dell'ay Beach, ~ 33444 At, n: iVl. r. Dan BeaRy Re: ~R Station 052 Rehnb~tafion Do~ Mr. ~e foHo~ng is a bre~down for ~ft stain ~52, If you have any q~sflons, please c~ COST B~ DO~ L~R ~ve man ~ew ~ $150.00/hr. x 8 hours ~ $1,200.00 $1~200.0Wday x 10 days ~ $1~,000,00 Base pl~s $3~0.~/eag~ x 2 ~ ~00.00 Congr~e for new floor 6' ~eter w~ ~ $1~000.00 Asphalt ogeh ~orgtd~w~ ~ Sl,030.00 $2,5~.00 EOt~NT Cr~o (~o set v~e vault) = $~,000.~ Grand Total. Bruce G. Fro~ect M~nager AGENDA REQUEST Agenda Item No. g ~3 Date: March 29, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: April 6, 1999 Description of item (who, what, where, how much): Staff requests Commission award the purchase of an Atomic Absorption Instrument at the water treatment plant from Perkin Elmer utilizing the GSA contract price of $60,559.00. The existinq Atomic Absorption Instrument is due for replacement in next year's budqet but is not Y2K compliant; therefore we are accelerating the replacement to this year. Fundinq for this expenditure is available in R&R Account #442-5178-536-61.76, Equipment Replacement Proqram. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recomme~ a~L~rd of~~u~chase to Perkin Elmore Department head signature' /~/' I./_ // P( d Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of fundS):FundingFUnding alternative~'~available: ~/NO ~(~if applicable) Account No. & De§cripti. on~ Account Balance ~~/i/ ~ ~ Q~W ~ ~J~*~~~ ~, 0/~ City Manager Review: & ~ .~. ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Di s approved C: kMy Documents k atomicAG, doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager FROM: Dan Beatty, P.E.~ Deputy Director eCPublic Utilities DATE: March 29, 1999 SUBJECT: Replacement of Atomic Absorption Instrument Attached is an agenda request and supporting documentation for the replacement of the Atomic Absorption Unit at the water treatment plant. The existing Atomic Absorption Instrument is due for replacement in next year's budget but is not Y2K compliant; therefore we are accelerating the replacement to this year. The new instrument will be purchased from Perkin Elmer utilizing the GSA contract price of $60,559.00. Funding for this expenditure is available in R&R Account ~442-5178-536-61.76, Equipment Replacement Program (budget transfer is attached). Please place this item on the April 6, 1999 Agenda for consideration by City Commission. cc: Richard C. Hasko, P.E., Director of Environmental Services n'Detenga n'Gurumo, Manager, Compliance Division Allison MacGregor Harry, City Clerk Agenda File C:\My Documents~,tomic.mem.doc ~0/~.0'd 9T£££P~T9ST80l 8~P ~9~, £0~ ~3~JgB NI~Bd ~ ~T:TT 666T 6~ b~W i=ERKIN ELMER PAGE 1 of 4 Analytical Instrument Division ~o,, Am.ri.n norganic Quotation 761 Main Avenue MaE Stat/on 10 Norwalk, CT 06855-0010 Phone: 1-800-762-4000 Fax: (205) 762-4228 To: n'Detenga n'Gurumo QUOTE NO.: 20011054 CITY OF DELRAY BEACH QUOTE VALID TO: 03/31/1999 WATER TREATMENT PLANT QUOTE DATE: 03/16/1999 200 SW 6TH STREET PAY. TERMS: Due Upon Receipt DELRAY BEACH FL 33444 FREIGHT TERMS: FOB DESTINATION - FRT QUOTED ULTIMATE DEST.: UNITED STATES TELEPHONE NO. 561-243-7318 FAX NO. 561-243-7316 YOUR REFERENCE REVISED 1 B3120081 AANALYST 800 AA SPECTROMETER I 56,550.00 56,550.00 The AAnalyst 800 is a double beam spectrometer designed for optimized, automatic flame, graphite fumace,FIAS, and mercury/hydride atomic absorption analyses. Standard features include complete system control from a single keyboard; automated motorized atomizer exchange, permitting the change between flame AA and graphite furnace AA per keystroke; integrated burner system and computer programmed TotalFIow flame gas control: integrated graphite furnace with Zeeman background corrector: AS 800 furnace autosampler; 8-1amp holder with built-in power supplies for hollow cathode and electrodeless discharge lamps (EDL)and automatic lamp selection. Lamp elements are automatically recog- n/zed and appropriate operating currents are set when using Perk/n-Elmer Lumina hollow cathode lamps. The AAnalyst 800 includes a high light throughput, "real-time" double-beam optical system with a dual-blazed grating monochmmator for optimized performance over the entire AA wave- length range. The reference beam is carried by a high-throughput optical fiber. The sample and reference beams are measured simultaneously using a segmented high quantum efficiency solid- state detector. Front-surfaced, reflecting optics with protective coatings for improved UV reflectivity and corrosion resistance are used throughout. The optical system is fully enclosed with covers, further protecting against dust and corrosive aunospheres. The AAnalyst g00 uses the Perk/n-Elmer premix burner system which has a total flow gasbox to maintain constant flame conditions. The burner system includes a high-strength mixing chamber for chemical resistance, an adjustable universal GemTip corrosion-resistant nebulizer, and an ail-titanium 10-cra air-acetylene burner head. Automatic sequencing of gases when igniting or extinguishing a nitrous-oxide acetylene flame (even in the event of power failure) is provided, as are burner head nebulizer/end cap, flame sensing, fuel and oxident pressure sensing, liquid level in drain vessel sensing and a burner drain interlock. The AAnalyst 800 provides automatic computer-controlled interchange between the built-in flame and the SEND PURCHASE ORDERS TO: PERKIN ELMER Inorganic Division 761 Main Avenue Mail Station 10 Norwalk, CT 06859-0010 Phone: 1-800-762-4000 SALES REPRESENTATIVE: ROBERT RIGGS Fax: (203) 762-4228 PREPARED BY: BOBBIE DELISLE ACCEPTANCE OF Tiffs QUOTATION IS LIMITED TO THE ATTACHED TERMS AND CONDITIONS TERMS SUBJECT TO CREDIT APPROVAL ;=ERKIN ELMER pA E of 4 Anely~'cal Instrument Division ~oM Arno,it,. no g,.i= $,ies QUotation 761 Ma/n A venue Ma/I Stat/on 10 Norwa/k, CT 06859-0010 Phone: 1-800-762-4000 Fax: (203J 762-4228 QUOTE NO.: 20011054 QUOTE VALID TO: 03/31/1999 To: n'Detenga n'Gurumo QUOTE DATE: 03/16/1999 CITY OF DELRAY BEACH Transversely Heated Graphite Atomizer (THGA) furnace. In the THGA furnace, the graphite tube is transversely heated providing a uniform temperature profile over the entire tube. An external protective gas stream around the graphite tube prevents the entrance of outside air to maximize tube life. An internal purge gas goes through the graphite tube to remove the volatilized matrix vapors during drying and thermal pretreatment. The two gas streams are computer controlled indepen- dently. Pneumatic opening and closing of the furnace for easy tube change. Zeeman-effect Background Correction: A 0.8 Telsa magnetic field oriented longitudinal to the optical path and modulated with a computer controlled waveform is applied to the atomic vapor in the graphite tube. The magnet is automatically switched on during the atomization step only. A self-priming recirculator system (with fan-assisted heat exchanger) is included with the AAnalyst 800 providing constant cooling of the graphite furnace. The AAnalyst 800 also includes operating instructions and selected spare parts. Service installation of the AAnalyst is recommended. 2 N3110195 CONTROLLER ASSEMBLY FOR AANALYST 700/80' I 4,620.00 4,620.00 System controllers include a DELL GXa computer and AA Win/ab software. AA Winlab offers complete control of all system components. AA Winlab is a true Microsoft Windows based program. AA Winlab offers a multi-level user interface to simplify user interactions while providing an unmatched array of features. The user selects the features of interest, then selects or modifies the parameters for just those features. It's quick and easy, yet provides exceptional flexibility. AA WinLab saves all analytical data for all elements automatically. From the raw absorbance value to calibration data to the reported results and statistics, all information is stored and accessible to verify the analytical data. The allowable feature set can be customized to meet the needs and capabilities of individual users. Built-in diagnostics are used to verify the operation of each portion of the instrument system and are run each time the instrument and software are turned on. Quality control capabilities include the ability to monitor all analytical results, identify results that are outside pre-set limits, and log, modify, and/or rerun the analysis. Data control procedures include both checks and quality control protocols. QC analysis scheduling is totally flexible, including allowing frequency-based protocols to be implemented using either the number of samples or replicates. Scheduling can also be based on sample location and time. Out-of-limit actions can be specified separately for each QC sample for maximum flexibility. Data handling features include AA WinLab Reporter, which allows the user to specify the contents and format of post-run repons. Data from different runs and even other techniques can be included in ',he report. Calibration curve data can be edited to correct or eliminate the entered value for a solution. The calibration curve can then be recalculated. Data reformatting allows access to every piece of analytical data stored by AA WinLab and reconfigure the data for compatibility with other programs or devices. Data transfer can be implemem~d using the data reformatting capabiliities built into AA WinLab. Data can be sent to any device, including floppy disk drives, hard disk drives, network drives, FaERKIN ELMER PAGE 3 of 4 Analytical Instrument Division ~o.. Arno.c.. ,.org..,c S.,e. Quotation 761 Ma/n A venue Mail Station 10 Norwalk, CT 06559-0010 Phone: 1-800-762-4000 Fax: f203) 762-4228 QUOTE NO.: 20011054 QUOTE VALID TO: 03/31/1999 To: n'Detenga n'Gurumo QUOTE DATE: 03/16/1999 CITY OF DELRAY BEACH :::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::: :: :::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::: even communications ports connected to remote devices or computers. AA WinLab stores data using a standard commercially-available data base engine. The stored results can be accessed directly with a large number of different types of software programs, providing virtually unlimited post-mu data manipulation and reporting flexibility. The computer includes an Intel Pentium II processor with MMX technology operating at 350 Mhz with 64Mbytes 100 MHz SDRAM, 4MB 100 MHz video DRAM; a 4.3 GB hard disk drive, on-board 10/100 Mbit EtherNet, a 1.4 MB 3.5 inch floppy disk drive and a 17-inch Nokia SVGA monitor with integrated speakers. All system controllers also include an internal system clock; IEEE-488 (GPIB), RS-232C (serial) and parallel interfaces; mouse pointing device and MS-DOS operating system and Microsoft Windows '95, The controller assemblies also include instruction manuals. For hard copy display of results and graphics, a printer is required, The system controller operates at 115/230V, 50/60 Hz. Service installation is recommended, The software assembly includes the spectrometer on 3.5' high density diskettes and on CD Rom; and IEEE-488 computer interface specific for the computer bus type; and instruction manuals 3 9421082 PRINTER-HP DESKJET 692/694 I 299.00 299.00 HP DESKJET 680C INKJET PRINTER Cable 09410001 required but not included 4 3030997 SYS 2 EDL DRIVER ASSY SIMAA 6000 2 655.00 1,310.00 5 N3050605 EDL SYS 2 AS 1 435.00 435.00 6 N3050672 EDL SYS 2 SE I 435.00 435.00 7 N3050683 EDL SYS 2 TL 1 435.00 435.00 8 N3050157 PB LUMINA HCL 1 380.00 380.00 9 N3050126 FE LUMINA HCL I 325.00 325.00 I0 B3000655 THGA END CAP TUBES (20) 1 1,634.00 1,634.00 11 B0504036 THGA CONTACT CYLINDERS (5 PR) 1 810.00 810.00 12 B0510397 SAMPLE CUPS 1.2ML PKG 2000 AS-71 I 66.00 66.00 13 N0205001 FLAME ATOMIC ABSORP W/AA WINLAB SW-2DAYS I 690.00 690.00 14 N0200017 GRAPHITE FURN AA WINLAB SOFTWARE (3) 1 990.00 990.00 ERKIN ELMER PAGE 4 of 4 Analytical Instrument Division ~or~ ~,.,,o,.ica, ,,o,'gani= $./es Quotation 761 Ma/n ,4 venue Ma//Stat/on 10 Norwalk, CT 06859-0010 Phone: 1-800-762-4000 Fax: (203) 762-4228 QUOTE NO.: 20011054 QUOTE VALID TO: 03/31/1999 To: n'Detenga n'Gurumo QUOTE DATE: 03/16/1999 CITY OF DELRAY BEACH Subtotal: 68,979.00 Sales Discount: 6,327.00- Material Discount: 2,592.50- Quantity Discount: 100.50- Freight/Handling: 600.00 Total in USD: 60,559.00 A SALES DISCOUNT EQUIVALENT TO GSA DISCOUNT HAS BEEN APPLIED TO ITEM NUMBER 1. GSA CONTRACT NUMBER GS-24F-I165B. A POINT OF SALE SALES DISCOUNT OF 40% HAS BEEN APPLIED TO ITEMS 13 AI~D 14. MATERIAL DISCOUNT REFLECTS A PROMOTIONAL DISCOUNT ON ACCESSORIES AND LAMPS. The amount displayed does not include [ax or freight charges. These charges will be added to the invoice if applicable. Includes installation and one year warranty. Estimated delivery: 6 weeks after receipt of order. Terms subject to credit approval. .TERMS AND CONDITIONS OF SALE 1. Delivery Dat~ and Prices 7. Installation and Site Preparation. Installetion servicsu are ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE · )All delivery, and shipmcttt dales indicated on the face ha~of a~ includedintbeporchaseprlceofth~PmducTssoldber~uoderonlyif~4)ressly SALE, INSTALLATION, SERVICE OR USE OF ITS PRODUCTS. appmxlmatc and subjecT to Seller's avsilabilit), schndni¢. Seller will mabc so sutted on thc face of Seller's quotation or in Seller's applicable prce llst. re~:mable effo~d to meet thc delivery date(s) quoted. However, Seller wil! Installation services for Products transferred outside the coonuy of original 10. Patent Indemnity, ~ot be liable for its failure to meet the quoted deliver, dales or for any delay deliver,,., by Buyer's actions my be subject to additional ~aasgiis based on the Seller agrees to defend, al its o~xll expense, any suit or in performance hereunder due to unforeseen circums~nces or shortages, due actual in·tall·finn site location. For Products requiring instaiisfion by Seller's prce~ding which may be brought against Buyer al cg ng inffingmlcot b~ Buyer toe·uses beyondits cont~'ol, ordu¢ colts voluotaJ?.ormandatorv, compliance service persomsel, it is thc r~'poosibility of the Buyer to prgpa~ the site Ofanypatem niche United Statos by Buyer's use niche ProducT sold beromdar with any governmental ack regulation, or request, If, by reason of such environmentally and provide thc fequin:d se~ices, power, water, drain, air, for its intended purposes, provided that Buyer shall give Seller prompt circumst~ces, Seller's supplins of the equipmmt or servlcc (hereal~r the botflnd gases, permits, licensee, approvals, crc., is well as whatuver is nglnired notice of an}, claim, thrc3t` or institution of suit or legal proceeding, id 'ProducT(s)") covered hcr~oy ara limited, Seller shall have the right to allocate to uncrate and move the Product to its location. Failure to do so will result in a pmvlded tha~ Seller shall then have the sole right to control and conduct the the avsilable mpply Imong its customen in such manner as it, in its sole service cha~e by Seller to cover the lost time of its service personnel, Because defense and/or settlement of such claim, threat, suit or legal proceeding, either disercTio~, detormincs appropl~te, CO), Ali on,ers arc priced on thc b~is of an Seller's service personncl may be reqnired to enter upon Buyer's premises for in thc ramc of Seller or Buyer or both, and Buyer shall, at Seller's request and c:stJmaled shipment da~ within ninety (90) days of the date of on~r to the the porpose of pmvlding service to the Product sold hereunder, Bu}'cr hereby expon~, provide rclevam infurmalion and reasonable cooperation Seller sJudl stu~d clcetlx~fion. Should Buyer request · change in thc estimated shipment undertakes to maintain its premls~s in a safe condition and to comply with all pay,,, all final sudgm~nts and all costs and attorney's fees assessed against B .uyet date or otherwise cause del~, in deliver), beyond ninety (90) days from the applicable laws, sta~qcs and gngulatinue governing workplace be~Jth id sufety, in any such suit or legal procendlng, provided liuy'er has complied with thc d~c of Ol~er or request fluat the Products be shipped outside the counhy of and hereby accap~ fuji responalbility for any harm, injury, or liability to cra~itions hereof with respect to prompt notice and cooporatiofl in conncctlon original G~livc~,, thc pric~s established by this quote shall no innger apply, Seller's penonncl while on Buyer's premises, except to the cxt~nt caused solcly with such suit or legal pr0ccoding Ind given exclusive control thepmf tn Seller, id Seller's list pricor in effcet on thc IctoaJ datu of shipment shall be used in by the negligence of Seller's ponormcl. Seller's sales id service persom~l ate but Seller shall not be lishle for an}',, onome?s fees or other legal expausu de~:fmining the price to be paid. Except as provided above, if the price is not suthorized to c~ter into any indemnity or hold heal, less agrecnlcnts on incurred by Buyer without the knowledge and prior writlen consent of Seller. st·tod by refererlce to · poblisked price llst. then the price shall be the price on bob·If of Seller. Seller will not. in any event, indemnify, defend or bold Buyer Seller shall also have the fight, al its own exponsc, to procure for Buyer the the poblishnd price list in effect al thc time Seller receives Buyer's porch&se harmless from any linbility th~ it may incur to Seller's seins and service tight to continue using the Product claimed to inf~nge, repllce said Product order, without reg~d to th~ requested delivery date. However, if any Product personnel. with an equally sa~sfecto~, non.infTinginG Product, modify md Product so that is onicmd prior to thc cffi:otive darn of a published price chan~e and the g. Limited Warrlnty it becomes non-infringing, or remove such Product and refund the purchsec dellvefy de~ is rescheduled, d~ price in effect al the time of the initial a) Warr~ty price tsereof less a rca.qonshle amount for use. damage or obsolescence dellwry date shall apply, (c), If Buyer requests shlpmmt to · count~ other i) Except as otherwise psuvided be~in, Seller warrants to Buyer that Thc foregoing indemni~, ful y defines Seller's obligation for paget than thc comlt~ orginally FeqUiistod, and if Seller elects not to ce·cci the thc ProducTs sold to Buyer a:v., al the time of shipment to Buyer flora infringement; such obligations to defend and make payment shall specifically order subject to Section 12 hcreo~ Seller's applicable surcharge for the acTual Seller, fTce from defects in matutial and workmanship not apply to: count~ of delivii~y ab·il be added to thc price. (d) Notwlthatandin~ any ii) This wanllty sboJl be valid for ii period of 90 days from tbe dale a) an infringement alnim resulting from additions or changes in or to pmvislon to ~ co~tra~ herein, nil prices a~ subject to increase without of shlpmcnt to Buyer, tmless ii different period is speclfind herein, or in lbo Product made by Buyer or any thi~ party or from usc in combination with no(ice to reflect changes in: (1) FnderaJ or St~t laws taxing raw matofial or Seller's Bpplicable price llst in which case the spaclfied period shall appl}', oG~r equ pment: or Co), an inf~ng~ment claim which is sortied without the processod mater·Is: (2) appllcible laws or regulations governing wo:king Notv*,ithstanding anything to the comra~.* contah~d bert:in, the ~am&nty consent of Seller: or (c), an infringement claim which results from compliance boun or compensation nfl·hot, or(3) freight char~es, insurance costs, duty or period for data processing equipment, inclnding data storage devices, bY Seller with spocilications furnished by Buyer~ other factors Iffecth~ costs ofshlpment, processors, printers, terminals, communication interfaces, tape drives and ' The total amount of Seller's obligation and liability under this ~'. PickinG and Loss or Damage in Trlnslt. Products will be all similar devices, is in all cas~ limited to ninety (90) days from the date shall not ey.c¢cd thc pric~ paid by Buyer to Seller for thc ProducT held to packed for shlpmmt in a manner suitable to thc method of shipmmt sT~ecilied ofshlpmcot to Buyer. infringe, and in no event will Seller be held accountable for consequential by Buyer, or to the methnd selc(;t~l b}* Seller in the absence of instmctinns, iri) Ex.pt in the case of an authorized distributor of Seller, damages under this indemni~., such is, for example, loss of business profits or Unless otherwise indic·sod on thc face hereof, all sales hereunder a~c f.o.b. · authorized in writing by Seller to ext~md this ~rsuty to the distributor's i~oodwill. With rcspoct to goods manufactured in whole or in part to Bu~s skipping point, id all risk of loss or dim·ge to eqnipmmt in transit is upon customers, rite warranty ben,in applies only to Buyer as the original specifications thc Buyer v, protect and indemnify Seller against all cia]ms fix Buyer. PaYment will be mad~ in iceordance with Paragraph ~below. purr. baser from Seller id may not be assigned, sold or other, vise damages or profits arisinG from infringement of parrots, designs, copyrightsoc ~). Payment Due For /'lrti·l i~liveries, Seller may, in its sole t/'a/Isf4~l'i~d to ~fly thin:[ pl~,. tJidCi, flarks discretion, deliver an}, portion of the ProducTs ordernd, re8a~Jless of utility to iv) As Buyer's sole and exclusive remndy trader this wan·ney, Seller I 1. ModificItion of Terms. Buyer in the absence of the undelivered portion, and all such partial deliveries agrees either to fapsir or replace, at Seller's sole op~on, any part or pa:Ts BUYER'S ACCEPTANCE OF ANY QUOTATION IS EXPRESSLY shall be accoptnd and paid for in secolxiance with the terms of Paragraphs 4 id of such ProducTs which, under prt~por and normal conditions of use. SUBJECT TO BUYER'S ASSENT TO EACH AND ALL OF ~HE TERMS ~ below. Likewise, completion of any installation services shall not be a prove(s) to be defective within the applicable wmTanty period AND CONDITIONS SET FORTH IN SELLER'S QUOTATION, AND condition to Bu.x~r's obligaiion to remit payment. The making of a papal Altema~ly, Seller may al any time, in its sole discretion, elect to BUYER'S ASSENT TO THESE TERMS AND CONDITIONS SHALL BE delivery that, to any cxtmt, is no( in accordance with the contract of sale shall discharge its warranty obli83fion hereunder by acceT~ng thc p:tum of &~y CONCLUSIVELY PRESUMED FROM BUYERS SUBMISSION OF ITS got aff~cT die Buyer's obligation hereunder to remit payment, defective Product pursuant to thc terms set foffh herein and refunding the PURCHASE ORDER. NO ADDITION TO OR MODIFICATION OF SAID 4. Inspection, Acceptance and Return of Products or Trnde-ln·. porch·se price paid by Buyer, TERMS AND CONDITIONS SHALL DE BINDING UPON SELLER Buyer skaJl inspeot thc PmclucTs immndiatoly on their artival and shall within b) Exclusims and Limitations UNLESS SPECIFICALLY AGREED TO BY SELLER IN WRITINO IF five (5) duys after asrival give wrtlan notice to the Seller of in}, clnim for i) It is recognized ~ sumc parts by du:ir nlture may not function BUYER'S PURCHASE ORDER OR OTHER CORRESPONDENCE shortsgc or that thc Products do no( conform with the terms of th~ coffer·or of for the wan·ney period applicable to the Product. ?berefore, cxclodnd from thc CONTAINS TERMS OR CONDITIONS CONTRARY TO OR IN ADDITION sale. lfthcBuyerchallfniltoglvesuchnotJce, the products shall be decmed warran~hereinan:chromalogra4thycoinmns, filaments, encq,,ysources, lamps, TO THE TERMS AND CONDITIONS CONTAINED IN SELLER'S accepted and to c~nform with the terms of the contract of sale and thc Buyer power amplifier tubes, graphit~ tubes, sample cell holders, homer and furnace QUOTATION, ACCEPTANCE OF ANY ORDER BY SELLER SHALL NOT aJudl be bound to pay for the ProducTs in suco~Janc~ with the terms of chambers, nobulizers, id other similar puts referenced in the Ippllc. able BE CONSTRUED AS ASSENT TO SUCH CONTRARY OR ADDITIONAL Paragraph J below, Rotum of Products, defective or otherwise, will not be operating manual. .. , TERMS AND CONDITIONS OR CONSTITUTE A WAIVER BY SELLER accepted by Seller without m~tificafion fTom Buyer to Seller within 30 days of , . n) The w..a~,~t), hereto cxclndes any- eqnipmmt or icccssurles which OF ANY OF THE TERMS AND CONDITIONS CONTAINED IN SELLER'S r~cip( of invoice and with subsequent authorization of Seller. Products I~e ~dcnt]fied on ipplicabl¢ pace hsd, quotations, special pr~lotiofl3J materials, QUOTATION authorized to be retomod skall be shippod f. oh destination, fTcight preP~d or on the flee hereof, for which this limitud warrant), ma}' be further limltud. 12. Authority to Export. When retom of nonconforming goods has been secoptnd b} Seller, conforming Included within this ca~govy are items produced by third party manuficTurers (as ALL ORDERS ACCEPTED FOR EXPORT (AND/OR RE- shipment may be made in Iccordaace with Paragraph I above and Paragraph 8 to which Seller passes to Buyer the wan,mt), it has been provided by thc EXPORT) ARE SUB/ECl' TO: 1) UNITED STATES GOVERNMENT below without folTber liability on Seller's put. Buyer will be liable for manufacturer) and items which ar~ sold al specially ~ prices with reduced EXPORT REGULATIONS AND~ 2) BUYER PROVIDING SELLER WT~q restocking cha~es in thc evant Products m ~torl~d to the Seller which ~/~ n~ warranty prot~fion (in some c~es, cxtcndi~l v*~rranty pent.finn may be ALL DOCUMENTATION NECESSARY FOR SHIPMENT TO fucTJvc and at~ in sucolxiance with these terms. When a trade*in is authorzed iv·liable at an incrcas~ price), DESTINATION COUNTRy. Seller, Buyer sh~l ship, £ob. d~tlnaslon, fieight pre-paid, thc ma~ral or iii) ~tis warrant), does not cover loss, dlmagc, or G~fecTs msuitlng 13, SoBware Lleensts and Copyrighted Material. eqnipmant so authorized for trade-in, to Seller's spoclfied location from: u'a~spo/Tatlon to the Buyer's facility, improper or inadequa~ mninf~-.ance a) Seller provides software products by license oflly Thc terms of S. Payment and C~dit Terms. Unless otherwise indlca~d on the by Bu) er, ' . Buyer-supphed so~nu~ or intes~clng, unautburiard modilication or the liconse n~ availchle from Seller and at~ aco..pted by' liuver on dc v~ of fece bereof, Buyer ag~es to remit paymeot in full to the address provided on the misuse, operation outside of thc environmental ~ecifica~oue for the Product or licensed soRwas~ ' fuee Of Seller's invoice for all shipments, including shipments of any portion of improper site p~l~untion or maintenance, b) Unless otherwise specified. Seller's cop.~tighled the Ptoduets orderad, upon re~ip~ of invoice. This obligation shall not be iv) No wan~ty is made with respect to u~d, reconstrucTed, (so~.a~, lirmwar~, and printed documentation) may not be co~ied except for contint, ent apon the completion of any ins~la~on services included in the refo~bished or previn~siy owned Pmduc~, which will be so m~ed on the fa~ archive porposes~ to replac~ a defective cop~ or for prngnun error veri6catlon porchase price. No ~ di~an~s will 'be gnmtud Account balances not paid bercofand, unless otberwise indica~d on ~ face bereof` shall be sold "As Is". by Buyer. in accordance with these ton~s, ate subjeat to the m~.ximum prevailing legal v) The w~-anty herein applies only to ProducTs within the co~nt~. 14. Miscellaneous int~n~'t ra~ cclc. ul~ed fi~n d~e of delinquency.,. In ~he event Seller finds it of original deliver,. Pmduct~ U'ansfet,~d o~tside the coont~' of orglnal &) Applicable laws. This contract shall be construed in acco~innce necessa~, to refer an ~oant to an ~tomuy or an agent for colle~ion of deliver,, either by Seller at ~ di~on of Buyer or by Buyer'· a~ioue with the laws of thc State of New York, USA xxithont rega~l to its principles deliequent socoonts, Buyer shall pay, all cost~ of collecTion incloding ~asonabte subsequent to dellvet~, may be subject to ndditional cha~ prior to warranty of confli~ of isws Any dispotus relating to thc contracT of' sale be~v~co Buyer attorney's f~es. Buyer ag~or ~ Seller shnil tcTaln a security interest in ~ ~palr or replacement of such Pmdue~ basnd oo the ~ location of such ' P~luc~ sold bereundar to ~ any portion of the price not paid on dallve~3, and Seller shall be adjndic,~.d in the state or f~nd coutU in the Sm~ of New Pmdacts and Seller's warr~ty and/or service su~cha~es for such inca~on(s). Yo~k, U.SA, and both pat~les hereby consent to the jurisdiction of said andwill, on reqcost, exueutoaseo~rityaG~emantinsoch form asis rmluired by ii) Pinc~ Of Service. Exce~ when otbonvise provided in Seller's for ~ of any. such litigation. 'f~ I~ics expressly agree to waive Seller, which, at Seller's e~tlon, n~y be filed with appropria~ local, stye, or current applic~bte price list. Seller shall use its bes~ ~ffo~ to perform ail ap~lleafion Of the United Nations Coovention on Conu'a~.s for the International ~l~er relevant anthorities. Sbo~ld Buyer becomedclinquent in the paymemof ~varr~ty setvlces bereunder at the Buyers fsoility, se soon ~ reaso~bly Sale of Goods CO), Conlidential D~taid Information. If, in ¢cemection with any sum due beromdar, or if Buye~ becomes insolvent, or if any p~eoding.~ a~ pea~icabte a~er ontifica~ion by lbo Buyer of a po~ible defe~ ptovidnd, the sade, porchas~, u~, or maintenance of th~ Pmdum, Seller is n~ques~d, anmmen~t under any benkmpCey ot similar laws for Buyer's reo~anizafion or however, that Seller ~erves O~e rght to n~quire tt~ ~ Buyer ~um tbe n~quired, or deems it advisable to furnish data or informntion which it, in its other debt wijue~ncot` Seller will n~ be obtig~d to continue performance. Product to Seller's pmduotinn facility, transpo~ta~o~ chat~es prepaid, when sole diser~tion, deems pmprieta~., conlidential, or bo~, Seller sh~l not, in any Seller reservce the right to ~ ~e c~dlt turms provided bot~in when, in nec~su~ to provide pmper,~tm~ty service, event, submit or be ~qnin~d to furnish such data or information unless Buyer Seller's o~inion. ~e fo~nclal ~suditlon or p~-vlo~ payment t~cord of Buyer so d) Serb,yarc and Firmwan~ Products. The sole and exclusive en~rs into an a~r~-ment concerning th~ handling, ue~, copying, ~'~ntion id warrants+ fi, wi~in 30 days, Buyer fails to aGtue and comply w~h diffe~nt warrant), al~lic~le to so~wa~ id ~rmwan~ p~duots provided by Seller for ~tum of such information, th~ form of which agreement is available to Buyer term· of e.~lit, and/or f~ls to ~ive ndequa~ a~utance of due performance, u~e with ~ processor will be a~ follows: Seller wan-~nts thai such so~ and on ~luest+ Seller does not agre~ to accepl any pro~rieta~, or conlideotiai Seller may (a), by notice to Buyer, ~ such fnilun~ or refusal ns a r~udintlon linnwa~ will o~nform to Seller's p~ram manuals ~n~nt ~ the time of · informalh~ of Buyer in tbe absenc~ of such a ~ rittan agreement signed by an by Buyer of the po~on of th~ porchase onter not then folly performed, shipment to Buyer ~ properly in~allnd on that pro~ssor, provided however antboriaxl ~p~sentative of Seller (c), Assignment Any a~emp~ b}, Buyer to whereupon Seller may ~an~l ail fu~ber deliveries and any amounts unpaid that Seller does not ~t tim the opera,on of the pm~or or sol~va~ or ueal~n, mm~f~r or delegate any of th~ rights, duties, wnn-anti~s, or obligations Sereundar chail immedla~ly be~n~ due id pay.able; Co)~ make shipments firmwa~ will be unintem~ptnd or ersur-fvue. - herein skall be null and void (d), Non-wa]vet. Seller's fallu~ to ex~cl~ any of under reserv~on ofa demand for advance payme~t or payment ~sinst ~nder NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. its~htssh~lnotco~ritut~orbede~n~dawaivcrorforf~imreofsuchrights. of documents of title. Buyers anat.'prance of deliver, of an}' Produ~.~ sh~l SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANT[ES OF (e), Succorsors Any cont~-t for saic incorporating Seller's turms id cons6aste a rep~senmion that Buyer is solvenl. MERCHANTABILFFV AND FITNESS FOR A PARTICULAR PURPOSE. eooditions shall b~ b~nding upon thc patti~s thereto, their sucoessors id 6. Taxes. Buyer is responsible for the altima~ paymmt of all taxes which may be assessed or levied on or on ~ccount of materials sold berexmder to 9. Kxtluelve Remedie~. permit~l assigns (f), Headings. The h~adings herein a~ for convenicn~ only and have no substantive meaning (g), S~vet'abilit~ If any provision herein is theBuyerwbothertermedag~ss~¢eiPtstaX, usetax, Property tax, rainstaxor THE REMEDIES PROVIDED HEREIN ARE BUYER'S SOLE deemedunenforccabl~ byacounofcompetuntjuriedicTion, the od~r provisions o~erwise Where Buyer ¢lsims ~hat a transa~ion is not subject to ~uy Such tax, AND EXCLUSIVE REMEDIES. SELLER SHALL NOT BE LIABLE FOR sh~l ~a]n in full force and effect as if th~ un~nforo~bl¢ provisicm had n~ thai Buyer is exeml~, or ~ Sel~er is not ~quired to collect such ~ Buyer ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR been inclnded agrees to pmvlde Seller with any documenta~on necessa~, to sup~t such · CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, claim, to allow Seller to dcoume~t ~ts d~isinn not to collect such tax(es), and to TORT, OR OTHER LEGAL THEORY ARISING OUT OF THE SALE, indemnify id hold Seller harmless from id aga]ns~ an}. id all line·, INSTALLATION, SERVICE OR USE OF ITS PRODUCTS. SELLER I:~.'naltira, in~ ~.e~, and othat e',~oenses, including ~.asom~ble a~ort~y's NEITHER ASSUMES NOR AU'I~ORIZES ANY O~IER PERSON TO fees, incur~l by Seller ns · ~sult of ~llanc~ upon Buyer's 0-2064-00 761 Main Avenue Norwalk, CT 06859-O001 MAR 29 1999 11:11FR PERKIN ELMER 283 ?62 4228 TO GENERAL SERVICES ADMINISTRATION Federal Supply Service Authorized Federal Supply S~i~e~lule Price List Instruments and Laboratory Equipment FSC Group 66, Part 11, Section M Class: 6650 GS-24F-1165B EFFECTIVE 8/19/94 - 4/30199 THE PERKIN-ELMER CORPORATION 761 MAIN AVENUE NORWALK, CT 06859-0010 ,www. r~erkin~lmer, col!~ TELEPHONE: (800) 762-4000 FACSIMILE: (203) 762-4228 Business Size: Large Supplement No. 3 - 6/22/98 Complete Revision perkin-Elmer products am designed to meet Underwriters Laboratories (UL) and Canadian Standards Associa~n (CSA) standards for laboratory equipment Most P-E instruments have received certification by the CSA. On December 24, 1992, CSA was recognizad as a Nationally Recognized Testing Laboratory (NRTL). MAR 29 1999 11:12 FR PERKIH ELMER 20~ ?62 4228 TO INFORMATION FOR ORDERiNG ACTIVITIES la. Table of Awarded Special Item Numbers (S.I.N.): Pages 632-05 Infrared Spectrometers & Accessories 6 and 13-18 632-06 Ultraviolet Spectrophotometers & Accessories 6 and 7 632-07 Fluorescence Spectrometers & Accessories 7 632-10 Atomic Absorption Including ICP & Accessories 7-12 lb. Lowest Priced Model Number and Lowest Unit Pri¢;e For a Unit of One (1): S.I.N. Part Number Description List Unit Pdce 632-05 Ll18-5254 SPECTRUM BX I System $16,270.00 632-06 N930-2740 Cell Stand 12 Cell $40.00 632-07 L2250145 Biokinectio Accy for LS-50 $875.00 632-10 N068-1073 Sample Tray- Model 5100 · $19.35 2. Maximum Order Limitation (M.O.L): The total dollar value for any order placed under this contract shall not exceed $500,000. N:lditionaily, each special item number has an individual M.O.L. of $150,000; however GSA now perm~ greater flexibility as per the Federal Acquisition Streamlining Act (FASA). 3. Minimum Order:. None 4, Geographic Coverage (Delivery Area): This contract includes delivery with the 48 contiguous United States including the Distdct of Columbia. 5. Points of Production: Four (4) different manufacturing sites are used to manufacture the items covered under this contract. The four (4) sites are: The Perkin-Elmer Corporation PerkinAElmer Ltd. Fairfield County Llantrisant Business Park 761 Main Avenue Pontyclun Norwalk, CT 06859-0010 Mid-Glemorgan South Wales Great Britain CF7 8YW Perkin-Elmer Bodenseewerk Perkin-Elmer S¢iex Postfach 1101164 55 Glen Cameron Rd. D-7770 Ueberiingen Thomhill, Ontario Germany Canada L3T 1P2 Specific country of origin is indicated on enclosed price list under column headed 'ORIGIN'. 2 MAR 29 1999 11:12 FR PERKIN ELMER ~J ?62 4228 TO 815612437~1~ 6. Discount from List Price - Applicable to all $.I.N.'S: The applicable discount schedule for each part number is shown on the attached price list. Additionally, The Perkin-Eimer Corporation's Educational Benefit Program is being offered to the Federal Govemment educational institutions on the basis of a 17% discount from list price in effect at the time of the order. This discount will be applied as a 17% discount from the list price in effect at the time of the order, or the GSA discount, but not both. 7. Quantity Discounts: The applicable discounts for purchase of multiples of the same part number are shown in the attached price list. In addition, certain items, such as lamps, may receive a quantity discount if mom than one lamp (either the same or different part numbers) is purchased. The column headed "QUANTITY' on the' enclosed price list indicates whether a quantity discount is available. 8. Prompt Payment Discount: None ga. Gevemment Commemial Credit Cards: The Perkin-Elmer Corporation will accept Government Commercial Credit Cards. 9b. Discount far Payment By Government Commercial Credit Card: None 10.Foralgn Items: The country of origin is indicated on the enc/osed price list in the column headed 'ORIGIN'. 11. Time of Delivery: 90 Days a/rio 12. F.O.B. Point: Destination within the 48 contiguous United States and District of Columbia 13. Ordering Address: All orders should be sent to: The Perkin-Elmer Corporation 761 Main Avenue Norwalk, CT 068590010 (800) 762-4000 3 MAR 29 1999 11:13 FR PERKIN ELMER 203 ?62 4228 TO 81561243'F316 P.05/07 14, Payment Address: THE PERKIN-ELMER CORPORATION in the east: P, O. Box 7247-9000 PhiladeWhia, PA 19170-9000 In the midwest: P.O. Box 9523(] Chicago, IL 60690 In the west: Department 5-9364 Los Angeles, CA g0088 15. Wa,,anty Provisions: Perkin-Elmer's standard commercial warranty applies to all items sold under this 16. Exp~rt Packing Charges: Not Applicable t7. Tern~ and Conditions of Government Commercial Credit Card Acceptance: VISA, MasterCard, and Amedcan Express am currently accepted by The Perkin-Elmer Corporation. t8. Terms and Conditions of Rental, Maintenance and Repair:. Not Applicable 19. Terms and Conditions ~f Installation: Perldn-F. lmer's standard commercial installation policy will apply to items covered by this contract. Installation is included in the price of an instrument except for the following: I:~rt Number Description S.I.N. BO 15-4318 MHS-10 Mercury/Hydride System 632-10 BUV1-0200 Lamixta 10 (Stand Alone) UVNI$ Spectrophotorneter 632-06 BUY2-0200 Lambda 20, S/A, 2MM 632-06 C695-0120 Laml~cla Bio Recording System 632-06 BBI1-0100 Lambda 10 BIO 632-06 8812-0100 Lambda 20 810, 1nm 632-06 N450-1000 HTS-7000 Bio Assay Reader 632-07 Installation of the above parts is available to the C,-,-,-,-,-,-,-,-,~wemrnent at an additional cost, but is not covered under this corffract. 20. Terms and Conditions of Repair Parts: Not Applicable 4 MAR 29 1999 11:15 MR PERKIN ELMER ~5 ?62 4228 TO 815G124S7516 P.06/07 21. Uet of Service and Distribution Points: Ail requests for service should be directed to telephone (800) 762-8288. 22. List of Participating Dealers: Not Applicable 23. Pre~entfve Maintenance: Not Applicable 5 Agenda Item No.: Omf--/ AGENDA REQUEST Date: March 30, 1999 Request to be placed on: Consent XX Reg~a-~r Agenda Special Agenda Workshop Agenda When: April 06~ 1999 Description of agenda item '(who, what, where, how much): Contract renewal - Bid #044-134-98/SP - Bulk Quicklime - City of Boynton BeaCh CO-op Bid w~th Chemical Lime Company aP an estimated annual cost of $264,762. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Contract renewal with Chemical Lime Company for the purchase of Bulk 9uicklime at an estimated annual cost of $264,762 via the City of Boynton Beach Co-op Bid #044-134-98/SP. Funding from account code #441-5122-536-52.21 (1999-2000 budKet). 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~NO alternativ~~q~C~~ (if. applicgble) Funding Account No. & Des~rip~t~ion: Account Balance: ~ 2q~,\0~ City Manager Review: ApprovedHold Until: for agenda: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor (~ THROUGH: Joseph Safford, Finance Director ~ DATE: March 30, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING APRIL 6, 1999 - CONTRACT RENEWAL BID #044-134-98/SP BULK QUICKLIME - CO-OP BID Item Before Commission: City Commission is requested to approve the contract renewal with Chemical Lime Company for the purchase of Bulk Quicklime, at an estimated annual cost of $264,762. Background: The City of Boynton Beach is the lead entity for this cooperative bid. This contract renewal is scheduled for the City of Boynton Beach Commission agenda meeting of April 6, 1999. See attached memo dated March 24, 1999, from City of Boynton Beach. The vendor, Chemical Lime Company, has agreed to the renewal of this co-operative bid, per their attached letter dated March 01, 1999, to the City of Boynton Beach. The Manager of the Water Treatment Plant has approved the renewal of this contract. Recommendation: Staff recommends the renewal with Chemical Lime Company for the purchase of Bulk Quicklime via the City of Boynton Beach Co-op Bid #044-134-98/SP, at an estimated annual cost of $264,762. Funding from account code #441-5122-536-52.21. Attachments: Memo From City of Boynton Beach Memo From Chemical Lime 1998 Agenda Package O Chemical Lime KECEIYED A Lho,st Group Corrlpany ~AR 4 1999 fU RCHASIN.Gx DEl:q'. March 1, 1999 Ms. Lana M. Koester, Purchasing Agent City of Boynton Beach Purchasing Department P.O. Box 310 Boynton Beach, Florida 33425-0310 '~ Subject: Bid Number 044-134-98/SP Dear Ms. Koester: Attached is a completed bid extension form, extending the "Co-op Bulk Quicklime" bid for an additional year, from May 14, 1999 to May 13, 2000. As always, Chemical Lime Company appreciates your business, and looks forward to another year of working with the City of Boynton Beach, as well as the other co-op members. Please call me at (800) 695-5657 or (94 i) 425-1544 if you have any questions. Sincerely, CHEMICAL LIME COMPANY Carl W. Anderson Sales Representative - Florida Chemical Lime Company P.O. Box 1137, Mulberry, Florida 33860 Phone ' (800) 695-5657 Fax ' (941) 425-0686 The of . Bo vnton Beach  Purchasing Department 1 O0 E. Bojnton Beach Boulevard P.O. Box 310 Boj~nton Beach, Florida 33425-02310 Telephone No: (56 I) 742-6320 FAX: (561) 742-6306 NAME OF BID: CO-OP BULK QUICKLIME BID#: 044-134-98/SP Agreement between the City of Boynton Beach, Owner; and CHEMICAL LIME COMPANY (Company's Name) Contract Renewal Period: MAY 14, 1999 TO MAY 13, 2000 Yes, I agree to renew existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach the additional insured. No, I do not wish to renew the contract at this time. Chemical Lime Company 0~ NAME OF COMPANY SIGNATURE Carl W. Anderson Sales Rep. - Florida NAME OF REPRESENTATIVE TITLE (please print) 3/01/99 (941) 425-1544 DATE (AREA CODE) TELEPHONE NUMBER Revised 2/10/97 America's Gateway to the Gulfstream RE: "CO-OP BULK QUICKLIME" ANNUAL CONTRACT PERIOD: MAY 14, 1998 TO MAY 13, 1999 TO ALL PART~CI~ATrNG EN~ITI'IES: The above m~ntioncd bid will expir~ on May 13, 1999, but ~,cording to tho Terms and Conditions of ~e bid, wc havc thc oplion to renew'for OhO sdditional ymu'. If you a~tm to extcnd, pi~se check "YES" b~low. If you do not agra, plcasc check "NO" and explain Lu detail why. Attached is your deliwry ~ddrc~$ p~r original bid specifications. If gu~l'o m~ an~ chan§e~, plcas~ nolif'y mo at (~61) 742-6322 and note changes on your reply. Pl~a,s~ fax your response to me ~,~ (f61) 742-6306 by: _F.~~ Thank you for your coopcralion in this mailer. Sincerely, YES NO Buyer c: File Distrfbution: _PLBASB CHECK OFF .OR~_U~__ ~ city of l.~k~ Word, om Axul~on - $86-1673 Toga of HiF~d~ud B~-~..h/J~ Lee - CiV of W~t ?aim Be~qor~ Laud~o,,i~ - 835-0028 Village o£ Wcl{h~gton/Cb~-~ Cu~ki - 561-~98-939v U , ' | | t . | ; .... ; : , ' !' '' il l~l , , , ; , ~ ~l. ~D . l ~o = ii :; '' '' ~ ~ ~ ' i " ' ~'~_. ~ , ., 8g : -~ : " ': ~ :' Agenda Item No. : f~- AGENDA REQUEST Date: April 01, 1999 Request 5o be placed on: XX ~~ Agenda Special Agenda Workshop Agenda When~ April 06, 1999 Description of agenda item (who, what, where, how much): Contract Renewal - Jones Chemical Inc. for the purchase of liquid chlorine via the City of Boca Raton Co-op Bid #97-032~ at an estimated annual cost of $58,750. ORDINANCE/ RESOLUTION IAEQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Contract renewal with 3ones Chemical Inc. for the purchase of Liquid Chlorine via the City of Boca Raton Co-op Bid #97-032. _g~imated annual usage of $58;750 with fundin~ from account code 441-5122-536-52.2]. Department Head Signature: f J - ~' ' X Determination of Consistency witb-~mprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds}: 0 h -~I ~-~-~Funding available.~~ . /~,),,~Funding alternativ~2~,~,~" -- (if applicable) ~ ~/~ Account No. & Des~rip.~o~: q~-~%~.,c~5~.~-Z~ ~'~ f~% ~Account Balance: ~'~'~;~[O ...... - -'~ City Manager Review: ApprovedHold Until: for agenda: ~ NO~ Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph S~ance Director DATE: April 01, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING APRIL 6, 1999 - CONTRACT RENEWAL - BID//97-032 CO-OP BID FOR LIQUID CHLORINE Item Before Commission: City Commission is requested to approve the contract renewal with Jones Chemical Inc., for the purchase of Liquid Chlorine at an estimated annual usage of $58,750. Background: The City of Boca Raton is the lead governmental entity for this cooperative bid. This contract renewal was approved at their City Commission agenda meeting of March 16, 1999. See attached memo dated February 26, 1999, from City of Boca Raton. Jones Chemical, has agreed to the renewal of this co-operative bid, per their attached letter dated February 26, 1999, and has agreed to reduce the cost of the 1 ton cylinder for Liquid Chlorine to $250 per ton. The Manager of the Water Treatment Plant has approved the renewal of this contract as per attached City of Delray Beach requirements. Recommendation: Staff recommends the contract renewal with Jones Chemical Inc. for the purchase of Liquid Chlorine via the City of Boca Raton Co-op Bid #97-032, at an estimated annual cost of $58,750. Funding from account code #441-5122-536-52.21. Attachments: Memo From City of Boca Raton Memo From Jones Chemical, Inc. 1997 Agenda Package CITY OF DELRAY BEACH REQUIREMENTS UNIT TOTAL DESCRIPTION EST. QTY. PRICE PRICE VENDOR Chlorine- 1 Ton 235 ton x $250.00 ton = $58,750.00 Jones Chemicals Cylinder Water Treatment Plant Water Treatment Plant Acct. #441-5122-536-52.21 .......... $58,750.00 PURCHASING BOC~ RATON Fax:561-S95-?985 Feb 26 '99 15:4~ P. O1 FAX COVER SHEET CITY OF BOCA RATON PURCHASING D~VISION 201 W_ PALMETTO PARK ROAD, BOCA RATON, FL DATE: February 26, 1999 TIME: 2:27 PM TO: BUYER IN CHARGE OF CHLORINE COMMODITY Chlorine Co-Op Members (Boynton Beach, Delray, Lake Worth, Riviera Beach, West Palm. S_ Central Reg. Wastewater Trnt. Plant, Tequesta, Wellington, Lantana) FROM: Lynn Kunkel PHONE: [561-393-7874] Sr. Buyer, Purchasing Division FAX: [561-393-7983] Renewal of Chlorine Bid No_ 97-032, Renewal Option No. 2 Number of pages including cover sheet: W L~ ,, I I,~l Summary of Renewals for the above bid: 1. One Ton Cylinders - Jones Chemical - Renewed with New Lower Price Upon reseamh of the market pricing in the state of Florida, I found out that entities in Palm Beach County were paying more for Chlorine than other entities statewide. Based on this data, I requested that Jones chemical match the current market as allowed per the bid. Jones Chemical has agreed to decrease their price from $350 per 1 ton cylinder to $250. PLEASE NOTE: I have requested that Jones offer the price of $250/1 ton cylinder immediately_ Shipments after March 1, 1999 will reflect the new pricing, so you may need to change the unit prices on your purchase orders. Contract term will be amended to expire 2/28/00_ 2. Sodium Hypoct~lorite, Bulk - Jones Chemical - Was Not Renewed Last Year Jones chemical was unable to renew the bid price of $ .44/gl for the sodium hypochlorite, bulk delive~j last year. Since the usage is minimal for this item. I suggested that those entities using this product quote it out separately_ 3. Sodium Hypochlorite, 55 gal drum -Jones Chemical- Renewed at same price, $26_95/drum_ 150# Cylinders - Van Waters and Rogers - Deleted from contract 5. Calcium Hypochlorite 100~ drum - Acme Utility - Renewed Attached are the renewal leffers from each firm. The City of Boca Raton will be putting this on their March 16, 1999 council meeting. Agenda Item No.:~ · AGENDA REQUEST Date: March 30, 1999 Request to be placed on: Consent XX R~/t~ar Agenda Special Agenda Workshop Agenda When: April 06, 1999 Description of agenda item '(who, what, where, how much): Purchase Award - Purchase of 581 Otto MSD-682 (68 ~allon) ~arba~e carts from Otto Industries, Inc. for a total cost of $23,757.75. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Purchase of 581 Otto MSD-682 (68 ~allon) garbage carts from Otto Industries~ Inc. for a total cost of $23,757,75. Fundin8 from account code $443-3711-534-49.$~. 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): unding available:~ NO unding alternative~ (if ap]klicab~e) City Manager Review: ApprovedHold Until:f°r agenda: Agenda COordinator ReView: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph Safford, Finance Director DATE: March 11, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING MARCH 30, 1999 - PURCHASE AWARD OTTO MSD-682 GARBAGE CARTS OTTO INDUSTRIES INC. Item Before Commission: The City Commission is requested to approve the purchase of 581 Otto MSD-682 (68 gallon) garbage carts fi.om Otto Industries, Inc. at a total cost of $23,757.75. Background: The City of Delray Beach is in the need of these additional garbage carts for Hammock Groves, Coral Trace and Delray Lakes developments in the City of Delray, and for replacement of broken carts. The carts have a forest green base and black lid and are available from Otto Industries, Inc. Otto Industries, Inc. is the original vendor the City has been using for the purchase of these carts fi.om the initial "roll-out" in 1996. Otto Industries, Inc. has agreed to supply these carts at the same unit price of $39.50 from the Purchase Order of 1997, per their attached memo dated March 19, 1999. In addition, the shipping cost has been reduced to $808. The Community Improvement Director recommends the purchase of these garbage carts from Otto Industries, Inc. See attached memo dated February 23, 1999. Recommendation: Staff recommends the purchase of 581 Otto MSD-682 carts (68 gallon) at $39.50 each for a total of $22,949.50 and an additional $808 for shipping for a grand total purchase amount of $23,757.75. Funding from account code #433-3711-534.49-35. Attachments: Memo From Otto Industries, Inc. Memo From Community Improvement Director 1997 Purchase Order 15:56 704-948-90S5 OTTO/SOUTH-ATLANTIC PAGE II ~1111 . . II III II ~ FACSIMILE SPEED-MEMO DATE: 3-19-99 TO: JACKIE ROONEY COMPANY: CITY OF DELRAY BEACH PHONE: 561-243-7163 FAX: 561-243-7166 FROM: GARY HALLEN OTTO INDUSTRIES, INC. VOICE llllAIL: 800-227-5885 (ext. 288) FAX: 704-948-9035 Total number of pages: one page(s) Thank you for your request for pricing for (581) Otto Industries 68 gallon carts. The pricing we are quoting anticipates we will be providing exactly the same carts as the City of Delray Beach has purchased from Otto on various occasions since the initial Uroll-out" in 1996. The carts will have a forest green base and a black lid. Pricing includes Ottos premium 'snap-on" rubber-tire wheels. Tt~e hot stamp markings will be the same as last year, with sedal numbering picking up in sequence where the numbering left off with the City's last cart shipment_ · Otto MSD-682 (68 gallon) carts $ 39.50 each* (FOB: point of manufacture) After the initial cart roll-out, carts for municipalities are generally quoted FOB: point of origin. In this case, the 68 gallon carts will be molded at our plant in Charlotte, NC. Our present freight cost for a full truckload of 68 gallon carts (581 carts to a load) would be $808. Please note that this cost is considerably lower than the freight charges we faced when you last ordered from Otto in 1998~ We at Otto are eager to provide Delray Beach with more of our premium quality injection- molded refuse carts_ I will follow this quotation with a phone call next week to be available to answer any questions that may arise. Or, do not hesitate to give me a call on 704-948-9099. T .~ ~ MEMORANDUM TO: Jackie Rooney, Purchasing Supervisor THRU: Lula Butler, Community Improvement Director FROM: Richard Bauer, Code Enforcement Administrator SUBJECT: GARBAGE CART ORDER DATE: February 23, 1999 Please prepare a Purchase Requisition for the following items: 581 Otto MSD-682 carts (68 Gallon Carts) @ 39.50 = $22,949.50 Shipping Cost 1,138.00 TOTAL $24,087.50 Each cart is to be forest green body, black lid, rubber tires and hot stamped with City seal and serial number. The above quantity should be one full truckload of 68-gallon cads. Pricing and - freight charges are from Gary Hallen's memo dated July 8, 1997 and should be verified with Otto. The cads will be utilized for developments such as Hammock Groves, Coral Trace, Delray Lakes and for replacements of broken carts. Funding will be from account 433-3711-534.49-35. I believe City Commission approval will be required prior to Purchase Order preparation. Please do not hesitate to contact me if you need assistance or information. RB:mh PURCHASE 'ORDER PURCHASING DIVISION 100 NW FIRST AVENUE DATE: 10/09/'97 ... ..... DELRAY BEACH, FLOBIDA 33444 5&1527 1 561/243-7115 THIS NUMBER MUST APPEAR ON ALL INVOICES. PACKING LISTS, LABELS, SILLS OF LADING AND VENDOR: SHIP TO: CORRESPONDENCE. OTTO INDUSTRIES INC City Of Delray Beach Florida 12700 GENERAL DRIVE CITY HALL PO. BOX 410251 F!NANCE..DEPAR~MENT CHARLOTTE ....... NC' 28241-025i' .'. 100 NW .1ST AVENUE DELRAY BEACH FL 53444 6888 12/15/77 .... GARRY HALLEN ,J~CK.~ E/S~FFORD eeee. es~eee , NET 1 715.e0 SA ]TTO MSD]682 (&8 GALLON CART) 57.5g 28242.5e 2 4~¢.~ SA ]TTO .MSC-522 (52 GALLON CARTS) 28.~ 112~.~ 5 1.~ SA SHIPPING COST 47~5.~ : 4~5.¢~ PPROVEO ]ARTS FOREST GREEN, GREEN BODY W/BLACK _ID AND WHEELS, RUBBER TIRE, AND CITY ,. . SEAL AND SERIAL NUMBER HO~. STAMPED ON BOTH SIDES. PRICING TO INCLUDE MANUFACTURINt;, ~ECEiVIN6 (UNLOADING) .AND 18 YR. WARRANTY. ;ARTS TO BE DELIVERED TO LAKE IDA ROAD STAGGING AREA TOTAL 44545,5~ ~CCOUNT: 45557115544755 -' .'- · APPROVED BILL TO: 'i ' CITY OF DELRAY BEACH ' ACCOUNTS PAYABLE ' 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 " FLORIDA'STATE SALES TAX EXEMPTION Cg~TigZCAX~ NO. ~0-0S-HaZnZ-~4C )' t~ ~,UTHC~FIiZ~ED SIGNATURE ORDER SUBJECT TO TERMS AND CONDiTiONS AS ON REVERSE OR A~TACHED AGENDA REQUEST Reques~ to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: April 6, 1999 Description of agenda item (who, wha~ where, how much): City Commission is requested to rmr~fy a hid award in the amount of $14,200 to Florida Diesel Truck and Marine Services, Inc. under the emergency provisions of the City's purchasing ordinance Chapter 36 Section 36.08 for the repair of vehicle #9250, a Fire Department ladder truck. Funding is avai±ab±e xn account #~OI-3311-~91-52.52 City Garage - Outside Services. ORDINANCE/RESOLUTION REQUIRED YES/NO Dra~ Attached: YES/NO Recommendation: App rov a 1 Department He~d S igr~ture: Determmatiqn of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Availa~O~~ '  Fun~g altemativ~."~----~ (if appli,ca?19) Account No. & Description: Account Balance: ~) 'Otq' ~2~ City Manager Review: Approved for agenda'S/NO Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved [ITY OF I]ELAIlY BER[H DELRAY BEACH ~ 561/243-7000 TO: David T. Harden ]993 City Manager FROM: ~obert A. Barcinski Assistant City Manager DATE: March 31, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 6, 1999 EMERGENCY BID AWARD REPAIRS FIRE LADDER TRUCK ACTION City Commission is requested to ratify a bid award in the amount of $14,200 to Florida Diesel Truck and Marine Services, Inc. under the emergency provisions of the City's purchasing ordinance Chapter 36 Section 36.08 for the repair of vehicle//9250, a Fire Department ladder truck. Funding is available in account number 501-3311-591-52.52 City Garage - Outside Services. BACKGROUND Vehicle//9250 is a 1992 Pierce Ladder Truck. This vehicle has logged approximately 6,500 engine hours or the equivalent of 300,000 miles. Thc vehicle is in need of a major engine overhaul per the quotation attached. Authorization to proceed with the repair was given on March 19, 1999 due to the emergency need of this vehicle. City Commission is requested to ratify the bid award under the emergency purchasing provisions of the City Code Chapter 36 Section 36.08. This work is highly specialized. RECOMMENDATION Staff recommends ratification of a bid award to Florida Diesel Truck and Marine Services, Inc. in the amount of $14,200 under the emergency purchasing provisions of the City Code Chapter 36 Section 36.08. Funding is available in account number 501-3311-591-52.52 City Garage - Outside Services. RAB/tas File:u:sweeney/agenda Doc:O33099b. doc THE EFFORT ALWAYS MATTERS Printed on Recycled Paper · P1AR--23--99 12:54 PM I)ELRAY CENTRAL GARAGE 561 2?2 5366 P. 02 RECEIVED [:lTV OF DELRICI¥ BER£H CITY MANAGER FIRE DEPARTMENT SERV,NGD LR^YSeACH · UL SrREAM · H,GH AND DELI[AY 6EAClt ~09~ MEMORANDUM ek/L,e.~ ~~ ~..,;_~./L,.~ TO: DAVID T. HARDEN, CITY MANAGER FROM: ROBERT B. REHR, FIRE CHIEF DATE: MARCH 15, 1999 S[IBJECT: MAJOR OVERttAUL OF LADDER TRUCK 9250 IgOR YOUR INFORMATION ONLY Ladder truck 9250 is at Florida Diesel in Riviera Beach, for the repair of severe oil consumption. The estimated down time is three weeks. The vehicle has a total engine hours use of 6,500 hours, which is equal to 300,000 miles per the general manager at Florida Diesel. He has recommended a major overhaul at this time at an estimated cost of $14,200. and this cost does not include additional parts of unknown damage. This work would then come with a warranty of one year on parts and 90 days on labor. RBIMmmh Cc: Robert Barcinski, Asst. City Manager Bill Darty, Fleet Service Supervisor M. B. Wigderson, Asst. Fire Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH. FLORIDA 33444 (561) 243-7400 - SUNCOM 928-7400 - FAX (561) 243-7461 Pn'nfed on Recycled Paper Estimate Only CITY MANAGER Estimate -~ 7709 Cen~ Indus~ial Drive Date ' ~viera Beach, FL 3~ r ~ ~ L ~ ~ m~ ~¢~ ~c 407-~2-1518 Fx 407-~9726 Cuoto~er ~ Name Year Mak~ Model ~ Delive~ Date [Oelray Beach, Ci~ of 11i992 .j [Pierce ] [Lance Addres~ Mileage _ .. ~L ~ P.O.  State Zip Engine SePal * Engine Serial IrayBeach "' ~ ~t33444 Il , ' ' II ' Phone * Lic~s~ · Equipment Serial ~ [561-243'7334 I ~ 10535 1 ~NA000511 Repair Replace O~ratioa _ Labor Farts Sublc{ ~ phone tO ~e bl~Gean,~g ch~k and ~lish ~ai~ t . ]~ ~ shaft and ~ s~s.~ean ~d c~k bilk liner ~r~ ~ ' and ~k ~.~build he~s,blower and mr~.Re~m- ' ~-i ~" , _ ~ segls and ~k~s.I~tall relinbilt in~tors, wat~ pump, ~: ~Dr ~n~ ~und ~d during ova{haul wo~Jd ~ : ,~J ~ , .. · ,. ' ' ~ ' - : ZotM Labor ~tt~re for the u ot tes' d/ ' · ' ~- -' . To~l P~ [ ] ~e ....... P~ ~ng an /or ~on. An ex r~s m~hamcs hen ts E~ uy ac~ow~eg~ on me vehicl~ or en~ne to ~re the amOUnt of reDai~ ther~o. Repal~ is not ~nsibie for loss or damage to?rticl~ left ~th vehicld or engine in To~I Sublet [ .. ~ ~f fi~ th~ or oth~ ~u~ ~yond its ~n~L , '~F und~i~,~ exp~sty ~a,~ that he or s~']s the ~le owner of ~he veh,cle, ghop Supplies [ ~ne or ~mpm~nt.d~ h~in or that h~ or she is the authofiz~ aRent of the TO: DAVID T. HARDEN CITY MANAGER DEPARTMENT OF PLANNING AND ZONING FROM: J~3 E~~~E~LANNER SUBJECT: MEETING OF APRIL 6, 1999 CONDITIONAL USE REQUEST TO ESTABLISH A BAZAAR IN THE FORMER WlNN 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. Further, the proposal includes the construction of an 8,000 square foot office addition along the south side of the existing building. Other major improvements include: fagade renovations; a pedestrian sidewalk connecting Pineapple Grove Way to the entrance of the building; reconstruction and reconfiguration of theparking 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 general landscape upgrades throughout the site. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of March 15, 1999, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was one person from the public who spoke on the item and noted concerns with the abandonment of the alley and the proposed floor plans. After reviewing the staff report and discussing the proposal the Board voted 5-1 (Young dissenting, Eliopoulos absent) to recommend that the Conditional Use request to establish a "bazaar" for Creations of Pineapple Grove be approved based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the following revised conditions of approval: City Commission Documentation Conditional Use to Establish a "Bazaar" for Creations of Pineapple Grove Page 2 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 central locations (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 interior aisle widths conform to the requirements of the fire code. 4. 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. 5. That the number of parking spaces be increased by providing more compact spaces. 6. That employees be required to park in the rear of the building. 7. That cross access be provided between the parking pods located in front of the building to provide internal circulation. 8. That if the alleyway is abandoned 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. 9. That no more than 4 occupational licenses be issued for Creations and businesses associated with the bazaar (i.e. food & design services). 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 Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. Attachments: P& Z Staff Report and Documentation of March 15, 1999. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- 'lNG DATE: March 15, 1999 ;AGENDA ITEM' IV.A. 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. 2N0 S'~. Applicant .................................... The Pugliese Company 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.~. Adjacent Zoning.: North: CBD ............. East: CBD South' CBD ' West: CBD Existing Land Use .................... Vacant Grocery Store Proposed Land Use ................... Conditional Use Request to allow the establishment of a Bazaar with site modifications including an ATLANTIC AVENUE .ooo ,. Il!Il !1tll/L - located over the parking lot along the south side of the building, parking I°t and landscape ~ I upgrades. Water Service ............................ Existing on site. Sewer Service.. Existing on site. $.E. 1ST STT 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. 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 fa(;ade 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. 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 · Major fa(;;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 fumishings. 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 /o0". 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 '% 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: I~ 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 exfiltration system with a connection to the City's storm drainage system in NE Ist 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 proposed 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 approximately 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 property is located within the TCEA (Traffic Concurrency Exception Area), which encompasses the CBD (Central Business District), CBD-RC (Central Business District - Railroad 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 Report 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. Facade 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 NWIst 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 Authority (DDA): The DDA reviewed the development proposal at its meeting of February 17th and unanimously recommended approval of the project. They did however note concerns with the integrity of the use and requested that parking lot be well lighted. Community Redevelopment Agency (CRA): 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 fagade 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 t_ _j [lTV DF DELRrI¥ BEI:I[H CITY ATTORNEY'S OFFICE oo,,,w TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 ~ MEMORANDUM AlI.Amedca City ~ 993 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Promotional Contract Between Discover Palm Beach County, Inc. d/b/a Convention and Visitors Bureau (DPBC) and the City The purpose of this Agreement is to promote tourism in Palm Beach County in association with the tennis tournament to be provided under the City's Agreement with Matchpoint, Inc. This Agreement is for a period of three (3) years, unless earlier terminated. The Agreement provides for a total payment of $255,000.00 to the City from DPBC, payable in three equal yearly installments of $85,000.00. The Scope of Work is set forth in Exhibit A. Under separate cover is an amendment to the City's Agreement with Matchpoint, Inc. to create a Special Host Site Sponsorship to accommodate the City's Agreement with DPBC. Please ensure that this Agreement is placed on the April 6, 1999 City Commission meeting agenda. It is anticipated that the Tourist Development Council will consider the Agreement at their April 8, 1999 meeting. If you have any questions, please call me or Brahm Dubin. SA~_ cc: Alison Harty, City Clerk Brahm Dubin 03/31/99 09:48 ~' JAMES A STUBER ~002 CONTRACT NO. DPBC 99 - CO~,~TRACT FOR CONSULTING/PROFESSIONAL S~RVICES THIS CONTRACT is made as of 1999. by and between Discover Palm Beach County, Inc.. a Fiorlda not-for-profit corporation d/b/a Palm Beach County Convention and Visitors Bureau, hereiDafter referred ~o as "DPBC," and the City of Delray Beach. a political subdivision of the State of Florida. whose Federal Employer Identification Number is 59-6000308, hereinafter referred to as the "City" WHEREAS, DP]3C has previously entered into a contract with Palm Beach County, Florida ("COUNTY"), (said contract hereinafter referred to as the "COUNTY/DPBC CONTRACT") for the provision by DPBC of certein services to promote and advertise Palm Beach County tourism in the state of Florida and nationally and internationally, under the overall direction and guidance of the Palm Beach County Tourist Development Council ("TDC") through its Executive Director: and WHEREAS, the COUNT¥/DPBC CONTRACT provides that DPBC shall advertise Palm Beach County tourism in accordance with a creative and media plan; and WHEREAS, the COUNTY/DPBC CONTRACT further provides that DPBC may contract for the goods and services needed to perform 5he above- described services in accordance with its annual budget approved by the County; and WHEREAS, the City represents that it has entered into an agreement for holding the annual Matchpoint Championship Tennis Tournament (the "Tournam~ent") at the Delray Beach Tennis Stadium for ten years con~encing in 1999, and has committed One Million Twenty-Five Thousand Dollars (~1,025,000) in underwriting of costs of the Tou. ruament over 'the initial four-year period; and WHEREAS, the parties agree that the Tournament has the potential to promote and advertise Palm Beach County as a tourism destination through appropriate television and other media: a/~d WHEREAS, 5he City desires to offer to DPBC, and DPBC desires to utilize, certain specific advertising and promotional opportunities in connection with the Tournament in exchange for compensation to be applied to the costs of the Tourn~ent; NOW, THEREFORE, in consideration of the mutual promises contained herein, DPBC and the City agree as follows: ARTICLE 1 - SERVICES The CJ. ty's responsibility under this Contract is to provide xzehicles for advertising add promotion of Palm Beach County as a tourism destination in connection with the Tournament, as 03/31/99 WED 09:43 [TX/RX NO 5554] 03/31/99 09:48 ~ JAMES A STUBER ~003 speci£ically set forth in the Scope of Work detailed in Exhibit DPBC's representative/liaison during the performance of this Contract shall be Warren McLaughlin, the Contract Monitor, whose telephone n~i~er is (407)-471-3995. ARTICLE 2 - TERM, ~ENEWAL ~ SCHEDULE The term of this Contract shall coD~nence on April 1, 1999, and end on September 3U, 2001. unless earlier terminated as provided herein. Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in Exhibit "A'. ARTICLE 3 - PAYMENTS TO CITY A. The total amount to be paid by DPBC under this Contract for all services and materials shall not exceed a total contract amount o~ Two Hundred Fifty-five Thousand Dollars ($255,000). The City will bill DPBC on an annual basis, or as otherwise provided, in the amounts set forth in Exhibit "B" for services rendered toward the completion of the Scope of Work. Where incremental billings for partially completed items is permitted, the Lotal billings shall not exceed the esti3nated percentage of completion as of the billing date. B. Invoices received from the City pursuant to this Contract will be reviewed and approved by the Contract Monitor to confirm that services ha%~e been rendered in conformity with this Contract, and then will be sent co the ~xecutive Director of ~he Tourist Development Council for approval and to the Palm Beach County Finance Department for payment in accordance with the DPBC/County Contract. C. Final Invoice: In order for both parties herein to close their b:)oks and records, the City will clearly state "final invoice!' on the City's final/last billing to DPBC under this contrac't. This invoice shall constitute the City's certification tb~t all services have been properly performed and al! charges and costs have been invoiced to DPBC. Since this account will thereupon be closed, any and other further charges if not properly included on this final invoice are waived by the City who shall have no further recourse against DPBC or 'the Counsy for such charges. ARTICLE 4 - TEP~qINATION A. By Citx: This Agreement may be terminated in its enSirety by the City upon seven (7) days prior written notice to DPBC in the event of substunsial failure by DPBC to perform in accordance with the terms o£ 5~ls Con~ract through no fault of ~he CiLy ~ld ~tay De ~ermlna%ed 2 03/31/99 WED 09:43 [TX/RX NO 5554 03/31/99 09:48 ~' JAMES A STUBER ~o04 in its entirety by the City without cause upon sixty (60) days notice ~o DF~C. B. By DPBC.: This Agreement may be terminated in its entirety by DPBC: (1) in its entirety, ±mmediately upon written notice to the City, upon notice of termination or termination of the DPBC/COUNTY contract. (2) in its entirety upon seven (7) days prior written notice to the City upon the City's repudiation or material breach of this Agreement, for example, upon cancellation of the Tournament; (3) in whole or in part. upon thirty (30) days prior written notice to the City, upon a determination by DPBC, after review of any annual report submitted by the City in accordance with Exhibit "A", that the Tournament had substantially failed to meet the goals for electronic and print media coverage for the corresponding year as established in Exhibit "A". Unless the City is in breach of this Contract. the City shall be paid for services rendered to DPBC's satisfaction through the date of termination. ARTICLE 5 - ~ERSONNEL The City represents that it has. or will secure at its own expense, all necessary personnel and resources required to perform the services'under this Contract. Such personnel shall not be officers, directors, or employees of DPBC, and shall not have any contractual relationship with DPBC except as such contractual relationship may be approved by DPBC and the TDC, and reviewed by COUNTY's Cou~ty Administrator. ARTICLE 6 - PERFOR/~ANCE AND OBLIGATION TO PAY DPBC's performance and obligation to pay under this Contract are contingent upon the allocation of Tourist Development Tax funds for the purposes and uses provided in this contract, the receipt of said Tourist Development Tax funds, an annual appropriation of said funds by the COUNTY for the purposes and used provided for in this Contract, and authorization granted to DPBC through the COUNTY/ DPBC Contract to contract for the goods and/or services provided herein. ARTICLE 7 - INSURANCE The City shall proxride documentation evidencing its self-insured status as pe:umitted by state law, which shall incorporated herein as Exhibit "C". 03/31/99 WED 09:43 [TX/Ri NO 5554] 03/31/99 1~:4~ ~ JA~ES A STUBER ~002 ARTICLE 8 - I~-DE~IFICATION In the event a claim or lawsuit is brought against DPBC, the TDC, or the County, or any of their officers, employees, servants, or agents, the City hereby agrees to indemnify, save and hold harmless DPBC, the TDC or the County, or any of their officers, employees, servants, or agents, as the case may be, and to defend said persons from any such claims, liabilities, causes of action and judgments of any type whatsoever arising out of or relating to the performance or operation of this Agreement, to the extent permitted by law. The City agrees to pay all costs, attorney's fees and expenses incurred by DPBC, the TDC or the County, or any of their officers, employees, servants, or agents in connection with such claims, liabilities or suits. Furthermore, the City stipulates that the extent of DPBC's liability pursuant to this Agreement shall be limited solely to its payment obligation. Nothing contained herein, however, shall act as a waiver of any of the City or County's i~ununities provided for in Section 768.28, Florida Statu'tes. ARTICLE 9 - SUCCESSORS AND ASSIONS DPBC and the City each binds itself and its partners, successors. executors, administrators and assigns to the other party to this Contract and ~o the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither DPBC nor the City shall assign, convey or transfer its interest in this Contract without the written consent of the other. ARTICLE 10 - RE~IEDIES This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the contract will be held in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive o~ any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder.or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 11 - !NONCOMPETITION City shall not provide services or perform duties of a nature substantially similar to those contained in this Contract regarding any county, municipality, or destination on behalf of any association, corporation, person, group, or public or private agencies or any other legal entity, other than the City, DPBC or COUNTY, except upon express approval of DPBC and COUNTY. City shall not crater into, or provide services under, ~n exclusive contract foz services substantially similar to those contained in this Contract on behalf of any tourism-related entity located in Palm Beach county, t'lorlda. 4 03/31/99 WED 13:41 [TX/RX NO 5559] 03/31/99 09:48 '~ JAMES A ST[TBER ~O06 ARTICLE 12 - CONFLICT OF INTEREST The City represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance oF services required hereunder. The City further represents that no person having any such interest shall be employed for said performance. The City shall promptly notify D?BC's Contract Monitor. in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the City's judgment or quality of services being provided hereunder. Such written notification shall identify the prospecuive business association, interest or circumstance, the nature of work that. the City may undertake and request an opinion of DPBC and COUNTY as to whether the associat:i.on, interest or circumstance would, in the opinion of DPBC and COU~TY. constitute a conflict of interest if entered into by the City. DPBC agrees to notify the City of the opinion of DPBC and COUNTY tn writing within thirty (30) days of receipt of notification by the City. If, in the opinion of DPBC and COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the City, DPBC shall so state in~ the notification and the City shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to DPBC by the City under the terms of this Contract. ARTICL~ 13 - EXCUSABLE DELAYS The City shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the City or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God: natural or public health emergencies; labor disputes: freight e~bargoes; and abnormally severe and unusual weather conditions. Upon the City's request, DPBC shall consider the facts and extent of any failu~-'e to perform the work and, if the City's failure to perform was without its or its subcontractors fault or negligence, the contract2:Schedule and/or any o~her affected provision of this Contract shall be revised accordingly; subject to DPBC's rights to chsnge, terminate, or sto~ any or all of the work at any time. ARTICLE 14 ~' ARREARS The City shall not pledge DPBC's credit, or make DPBC or the COUNTY a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The City further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Conurac~. ; 03/31/99 WED 09:43 [TX/RX NO 5554l o~l/ss o9:4~ '~ JA~ES A STUBER ~o07 ARTICLE 15 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS AND PROPERTY The City shall deliver to DPBC's representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for DPBC under this contract. Except as required for City's performance of its duties under this Contract, ali. written and oral information not in the public domain or not previously known, and all information and data obtained, developed, prepared, assembled or supplied by DPBC or at its expense or the expense of the COUNTY will be kept confidential by the City and.will not be disclosed to any .other party, directly or indirectly, ~ithout DPBC's prior written consent unless required by a lawful order. All drawings, logos, slogans, trademarks, trade names, written copy, layout, production materials, formulas, recipes and other intellectual property as well as all of maps, sketches, programs, data base, reports and other data supplied by, developed, or purchased under this Contract for or at the expense of DPBC or the COUNTY shall be and remain the property of COUNTY and may be reproduced and reused at the discretion of the COUNTY. DPBC and the City shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) with respect to all records related to this Contract. ARTICLE 16 - INDEPENDENT CONTRACTOR RELATIONSHIP The City is, and shall be, in the performance of all work, services and ac~iviti~s under this Contract, an independent contractor, and not an emplcyee, agent, or servant of DPBC or COUNTY. All persons. emgaged in any of the work or services performed pursuant to this Contract sha~[1 at all times, and in all places, be subject to the City's sole direction, supervision, and control. The City shall exercise control over the means and manner in which it and its employees and agents perform the work, and in all respects the ciuy's relationship and [he relationship of its employees to DPBC shall be that of an Independent Contractor and not as employees or agents of DP]~C or the COUNTY. The City does not have the power or authority to bind DPBC or the COUNTY in a:~r~' promise, agreement or representation other than as specifically provided for in this agreement. ARTICLE 17 -,CONTINGENT F~ES The Ci[y warrants that it has not paid or agreed to pay any person, company, corporation, indiuidual, or firm, other than a bona fide employee working solely for the City, any ~ee. commission, percentage, gift. or any other consideration contingent upon or resulting from the award or making of this Contract. ; 03/31/99 WED 09:43 [TX/RX NO 5554{ 03/31/99 09:48 ~ JAMES A STUBER ~008 ARTICLE 18 "' ACCESS AND AUDITS The City shall maintain adequate records to justify all charges, expenses, aIkd costs incurred in estimating and performing the work ~or at leas~ three (3) years after completion of ~his Contract. DPBC and the COUNTY shall have access to such books, records, and documents as required in this article for the purpose of inspection or audit du.~:ing normal business hours, at the City's place of business. ARTICLE 19 - NONDISCRIMINATION The City warrants and represents 5hat all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age. national origin, ancestry, marital status, or sexual orientation. ARTICLE 20 - ENFORCEMENT COSTS If any legal action or other proceeding is brought for the enforcemen~ of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court cosus and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceed%ng, in addition to any other relief to which such party or ' parties may be entitled. ARTICLE 21 -- AUTHORITY TO PRACTICE The City hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the Contract Monitor upon request. ARTICLE 22 -. SEVERABILITY If any £erm or provision of uhis Contract or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, inclt~ding bt~t not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the ~ransac~ions contemplated hereby_ 7 03/31/99 WED 09:43 [TX/RX NO 5554] 09:48 ~ JA~ES A STUBER ~oo9 ARTICLE 23 .- ENTIRETY OF CONTRACTUAL AGREEMENT DPBC and the City agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those sSa~ed herein. None of ~he provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrmment execuLed by Ehe parties. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) ARTICLE 24 - NOTICE Ail notices ]:equired in this Contract shall be sentin writing and sent by certified mail, return receipt requested, and if sent to DPBC shall be mailed to: Discover Palm Beach County, Inc. Attention: Warren McLaughtin 1555 Palm Beach Lakes Blvd. #204 West Palm Beach, FL 33401 and if sent ?:o the City shall be mailed to: city of Delray Beach Attention: City Clerk 100 N.W. 1st AxTenue Delray Beach, FL 33444 ARTICLE 25 - EFFECT This ContraCt and all amendments thereto must be approved by the Board of County Commissioners of Palm Beach County, Florida and shall'not take effect until so approved. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 03/31/99 WED 09:43 [TX/RX NO 5554] 09:48 ~' JAMES A STUBER ~olo IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year above written. ATTEST: DISCOVER PALM BEACH COUNTY, INC. By: Corporate Secretary By: Chair (Corporate Seal) ATTEST: City of Delray Beach By: By: City Clerk Signature {Seal] Name {Print or Type) Title Date of Approval for Legal Sufficiency and Form: Date of RevJ.~w by TDC Director: 03/31/99 WED 09:43 [TX/RX NO 5554] o3/~1/99 09:48 ~ JAMES A STUBER ~011 E~HI~IT "A" SCOPE OF WORK A. PROMOTIONAL SERVICES With respec~ to each annual Tourna/nent during the term of this Agreement, the City will provide to DPBC the following promotional services, 1, IDENTIFICATION a, Stadium Court Signage: (1) Identification on each of the North ~nd South Court level backdrops. (2) Identification on each of two scoreboards. b. Second Show Court: (1) Identification on each of two court level backdrops, (2) Identification on the scoreboard. c. Recognition on sponsors board. Public service announcements. 2. ADVERTISING a. · Sixty (60) seconds of television commercial time, or opening and closing billboards during each airing of national coverage of the semifinals and finals. b. Name/Logo in all event and promotional materials produced by Matchpoint. Inc. co Right to incorporate sponsor's tournament a~iliation in promotional activities. 3_ WCRLDWIDE MEDIA RECOGNITION a. Estimated 100 million Associate Press impressions in affiliated newspapers worldwide. 4, PROMOTION a. A 10' x 20' exhibition booth to showcase Palm Beach County, to be shared with the City of Delray Beach. 03/31/99 WED 09:43 [TX/RX NO 5554] 09:48 '~ JAMES A STUBER ~012 5. 'rJ2CKETS a. One hundred (100) general ad~nission tickets per session. b. Ten (10) reserved seats per session with five (5) premium parking passes. c. Eight (8) Courtside box seats on stadium court per session with four (4) VIP parking passes. 6. HOSPITALITY AND ENTERTAIN~ a. One ninety-minUte tennis clinic for four people, including on-court beverages and towels. b. Invitations for eight (8) persons to Sponsors' Players' JL~bilee and Gr~/~d Finale. 7. OFFICIAL TOUR/qAI~ENT MERCH3%NDISE a. Two (2) official tournament polo shirts. b. Two (2) official tourn~/uent T-shirts. c. Eight (eight( official tourna~nent programs. Items of equal or greater value may be substituted upon the approval of the President of DPBC. GOALS 1. GENERAL GOALS The general goal of the Tournament for the purposes of this Agreement shall be pr~arily to secure national and international coverage in print and electronic media of Pakm Beach County as a tourism destination, and secondarily to provide a vehicle for d/splaying the County's diverge tourism attributes to Tournament attendees and invited guests of DPBC. 2. SPECIFIC GOALS The specific goal of the Tournament for the purposes of this Agreement shall be to secure print, television, and other coverage of [he tourna~nent. Such coverage shall reach such numbers of readers and viewers via such print outlets and television networks and programs as are consistent with industry standards for similar sports progra/uming for the amount paid to the City by DPBC under this Agreement. ~t: is understood by the parties that the goal of the term of this Agreement. In assessing whether to continue t[',~s Agreement from year to year, DPBC shall take into 03/31/99 WED 09:43 [TX/RX NO 5554] o~/al/99 09:48 ~' JA~IES A STUBER ~ola account reasonable projections for tournament attendance and media coverage during the subsequent year. c. REPORTS 1. ANNUAL REPORTS During the term of this Agreement, the City will provide to DPBC an annual report of the results of the Tournament for the corresponding year, with sufficient detail to document the provision of the services provided for in this Exhibit "A" as necessary for audit thereof by the COUNTY, and to document the media coverage of the Tournament obtained in connection with the Tournament during that year (provided, however, that the number of Associated Press impressions may be based upon a good- faith estimate). Such report shall also include such information and analysis as the City shall determine necessary and sufficient for making a reasonable prediction for the likely attendance at and coverage of the Tournament during the subsequent year. Such report may also include any requests by the City for substitution of services during the subsequent year for services provided during the Tournament reported 2. PERIODIC REPORTS The City also shall provide to DPBC such periodic reports and information as necessary and appropriate to keep DPBC informed regarding the implementation of this Agreement. 03/31/99 WED 09:43 [TX/RX NO 5554] 09:48 ~ JAMES A STUBER ~o14 EXHIBIT "B" PAYMENTS TO CONSULTANT DPBC shall pay the CJ. ty's compensation in three (3) equal yearly installments of EighEy-Five Thousand Dollars ($85,000.00), payable upon receipt of the annual report for the invoiced period, and a determination by DPBC that such compensation is properly payable. 03/31/99 WED 09:43 [TX/RX NO 5554] EXHIBIT "C" DC~CUMENTATION OF SELF-INSURED STATU~ OF CITY 03/31/99 WED 09:43 [TX/RX NO 55541 o +4072437166 CITY OF DELRRY'BERCH ' . 458 ,PO~ MAR 31 '99 11:45 rlT¥ aF i~LAAY BEI:I£H .i~''' ~ 1 O0 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 35444. S611243-7000 March $1,1999 Please be a~vised that the City of Delray Beach is ,elf insured in accordance with Flodda Statui~ 768.28 for general and automobile liabilities. Excess insurance is provided above a $125,000 per occurrence self-insured retention for workers' con~er~sation. Frank Babin, Risk Manager si .doc. THE EFFORT ALWAYS MATTERS 03/31/99 WED 12:48 [TZ/RZ NO 5555 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/ SUBJECT: AGENDA ITEM ~~- REGULAR MEETING OF APRIL 6, 1999 AMENDMENT #1 TO AGREEMENT WITH MATCHPOINT, INC. DATE: APRIL 2, 1999 At the time the agenda was completed on Friday, Matchpoint was still reviewing the amendment to the agreement for any final changes. Amendment #1 to the agreement with Matchpoint, Inc. should be delivered to the Mayor and Commissioners on Monday, April 5, 1999. S/CITYCLERK/AGFNDA99/MATCHPT ~~ I:ITY JIF DELIlI:IY BEACH DELRAY BEACH ~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMORANDUM TO: David T. Harden 1993 City Manager FROM: L~ Robert A. Barcinski Assistant City Manager DATE: March 31, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 6, 1999 SPECIAL EVENT APPROVAL - CYSTIC FYBROSIS FOUNDATION 10K WALK ACTION City Commission is requested to endorse a request from the Cystic Fibrosis Foundation of Florida Chapter to hold a 10K Health Walk on Saturday, May 15, 1999 from 8:30 a.m. to 11:00 a.m., with set up starting at 6:30 a.m. and break down by 1:30 p.m., to grant a temporary use permit per LDR's Section 2.4.6 (H) for the use of City rights-of-way and facilities, to provide staff assistance for barricading, traffic control and set up, to waive parking meter fees during the event at Anchor Park, and to split overtime costs 50/50. BA CKGR 0 UND The Cystic Fybrosis Foundation of Florida is requesting approval for a 10K Health Walk on May 15, 1999. The 10K Walk route will be the certified route used by Parks and Recreation for the Turkey Trot. Set up would be at Anchor Park with the walk proceeding south on Gleason to Casurina, east to A-l-A, north to George Bush Boulevard, then back to Anchor Park and repeated. This event will utilize the sidewalk along A-1-A for part of the route. However, some barricading and traffic control will be needed. As with the Turkey Trots, set up would be in the Lifeguard Headquarters garage and the parking lot would be opened and available for parking. Exact details as to traffic control and barricade locations need to be finalized. The maximum estimated overtime for this event would be $2,000.00. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, staff support, the parking fee waiver and splitting the overtime costs, provided that disability insurance and a hold harmless agreement are provided. RAB/tas File:u:sweeney/agenda Doc:O33099a. doc THE EFFORT ALWAYS MATTERS 9' ~ 'Cystic Fibrosis Foundation January 21, 1999 JAN 2 1999 Mr. Bob Barcinski, Asst. City Manager ~ ;:-~ ~ '~ TA ~'J T City of Delray Beach 100 NW l't Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: On May 15, 1999, Great Strides, the Cystic Fibrosis Foundation's annual 10K (6.2 mile) walk event will take advantage of the universal appeal of walking. Local corporate walk teams will be pitted against each other in friendly competition, while schools, organizations and individual groups of families and friends will form walk teams to participate in this national event. They will all have the same goal in mind ~ to raise money to fund a cure for cystic fibrosis (CF). As we discussed yesterday, we would like to request Delray Beach as a new walk site for this important event. Last year, our Fort Lauderdale site alone raised a substantial $82,000 for CF research and care. This year it is our goal to far exceed that amount by expanding the walk into community friendly cities such as Delray Beach. Since Great Strides is a 1 OK walk, we would like to take advantage of the city certified 5K layout, starting and finishing at Anchor Park. Also, we will be expecting approximately 100 walkers so we will need to use the city's traffic safety officials for crossing designated streets. We would sincerely appreciate if the city would incur half of the overtime costs for this request. Finally, Michael Greene, a friend of the Foundation, spoke with Mayor Alperin regarding serving as Honorary Chairman for the Delray Beach Great Strides. Mayor Alperin has expressed interest and suggested that I coordinate the details with you. The position would entail for the Mayor's name as Honorary Chair to be printed on all of the Delray Beach site's posters, save-the-date mailings, walker bulletins and press releases. Additionally, he would be required to make an appearance and say a few words at either the start of the walk or the post walk celebration party. With your help, we are confident that the Delray Beach Great Strides will become one of our most successful expansion sites to benefit the Cystic Fibrosis Foundation and raise the important funds necessary to fight this devastating disease. If you have any questions, please feel free to call me at the Foundation office. Otherwise, I will contact you soon to confirm all of the details. On behalf of the Cystic Fibrosis Foundation, thank you so much for your efforts on this most important event. Sincerely, Director of Special Events WS:hk Florida Chapter c:\letters\OOO866.doc 3443 NW 55th Street, Building 7 Fort Lauderdale, Florida 33309 a:\white #I (gsdel) Broward (954) 739-5006 Dade (305) 947-4243 Boca Raton (954) 426-3918 Fax (954) 739-2890 Internet: www. cff.org E-mail: florida@cff.org benefiting The Cystic Fibrosis Foundation EVENT OVERVIEW EVENT: GREAT STRIDES provides targeted marketing opportunities for sponsors, while offering individuals of all ages the chance to participate in a scenic, circular 10K (6.2 mile) walk and post-walk success party. The event also provides the perfect occasion for employees to gather outside of the workplace with their families, friends, co-workers and clients, and make a valuable contribution to their community. DATE & TIME: May 15, 1999 Set-up & breakdown 6:30 a.m. ~ 1:30 p.m. Walk-a-thon 8:30 a.m. ~ 11:00 a.m. LOCATION: Delray Beach TARGET AUDIENCE: Middle to upper income families, as well as area corporations, clubs and organizations. Including event volunteers and walkers, 100 people are expected to participate in the 1999 GREA T STRIDES Delray Beach walk. PAST SPONSORS: Ortho-McNeil Pharmaceuticals, Savings of America, Joe DiMaggio Childrens Hospital, Holland and Knight, LLP, City National Bank, Arch Aluminum, First American Title Insurance MEDIA: Miami Herald, Y-100, WPLG-Channel 10 PROJECTED NUMBER OF IMPRESSIONS: Total: 1,000 types: posters, save-the-date mailings, walker bulletins c: \ letters \ OOO866.doc a:\white #1 (gsdeO [ITY OF EIELIII:IY BER[H DELRAY BEACH TO: David T. Harden 1993 City Manager FROM: Robert A. Barcinski Assistant City Manager DATE: March 31, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION ME]gTING APRIL 6, 1999 APPROVAL SPECIAL EVENT REQUEST 1ST ANNUAL GARLIC FESTIVAL ~4 CTION City Commission is requested to endorse the First Annual Garlic Festival to be held on October 16 and 17, 1999, to grant a temporary use permit per LDR's Section 2.4.6(H) for use of City rights-of-way (NE 1st Avenue from Atlantic to the loading dock at Old School Square and NE 2nd Avenue from the alley just north of Atlantic to NE 1 st Street), to waive LDR's Section 4.6.7 (D)(3)(j) (ii), to allow signage to be placed more than one (1) week prior to the event, to provide staff support as outlined in the attached letters, and to split overtime costs 50/50 with the City. BA CKGR 0 UND Attached is a letter from Nancy Stewart representing Pineapple Grove Main Street, Inc. and the Historic Green Market, requesting City Commission to endorse a Garlic Festival, to use City rights-of-way, to place signage up two to three (3) weeks before the event, and to provide staff support for security, barricading, clean up, stage set up, banner hanging, and other assistance as outlined, splitting overtime costs 50/50 with the City. The event sponsor will be responsible for liability insurance, port-a-potties, and the event management. The only request for assistance I do not agree with is removing the car stops. This would leave metal rods exposed (safety problem) and would be labor intensive. In addition, I have notified Ms. Stewart that we do not have flood lights and the event sponsor will have to obtain and pay for these. Stage set up and take down can be done on regular time. The estimated cost for this event is $5,100. Proceeds from the event are to go to Pineapple Grove Main Street and the Historic Green Market. THE EFFORT ALWAYS MATTERS ~:~. ~, Agenda Item # Page 2 RECOMMENDATION Except for the car stop removal, staff recommends endorsement of the event, granting the temporary use permit, waiving the sign code, and providing staff assistance as requested. Staff recommends consideration of splitting the overtime costs 50/50 due to the fact that this is a first time gund-raising event. It is understood that the promoter will also obtain and pay for the entire cost of liability insurance, as well as any additional site lighting. RAB/tas File:u:sweeney/agenda Doc:O35099c. dac February 12, 1999 Mr. Bob Barcinski City of Delray Beach 100 N.W. 1 Ave. Delray Beach, FL 33444 Dear Mr. Barcinski, Pineapple Grove Main Street, Inc. and The Historic Delray Green Market, in conjunction with the Delray Beach Festival Association's l't Annual Garlic Festival, has been approved for a Temporary Use Permit for approximately 200 feet of N.E. 1st Ave. on Block 76 adjacent to CRA Parking Lots as shown on the attached map. This portion of the City needs to be closed from 6:00 am Friday, October 15, 1999 through midnight Sunday, October 17, 1999. (Please refers to attached Festival Description and proposed Site Plan for the Festival.) This festival is a gated event and an admission fee of $2 o $4 per person will be charged. This admission fee is charged in order to donate monies to volunteer organizations working our event. The event will be held on Saturday. October 16th 1999 (10:00 am to 10:00 pm) and Sunday, October 17th (10:00 am to 6:00 pm). We are requesting that the following area be barricaded at locations outlined below: 1) The entrance to N.E. 1st Ave. @ E. Atlantic Avenue (adjacent to Old School Square) up to the South side of service area of Old School Square (Service area to be kept assessable for deliveries, etc.) 2) N.E. 2nd Ave. @ the alley entrance (approx. 200 feet North of E. Atlantic Ave.) to N.E. 1st Street 3) Closing of this portion City needs to be closed by 3:00 pm, October 16, 1999 The Delray Beach Festival Association is also requesting approval for utilization of City Staff for the following: 1) Siqnaqe R~;'quest: a) Waiver of event signage timing lifted in order to display signage 2 - 3 weeks prior to event. b) Installation of banners on Atlantic Ave. (use of lamp posts for signage display) and Federal Hwy. 2) Installation and production of necessary signage throughout the City and Market vicinity Delray 3) The delivery and pick-up of the Green Market trailer from the City lot to the CRA lot as shown on attached map Beach 4) The installation of temporary bathrooms at locations indicated on map 5) Use of covered stage and set up at locations on attached map (Coordinating w/Park Festival & Rec) 6) Clean-up services and usage of adjacent dumpsters (Coordinating w/Parks & Rec) Association, 7) Usage of street lights electricity at all strategic locations as shown on attached map Inc. 8) Temporary shut down of sprinklers in festival area 9) Use of City owned flood lights on festival grounds 10) Waiver to permit alcoholic beverage consumption on festival grounds 11) Payment for police/security and fire department rescue and first aid 10 5.E. I st Avenue 12) Parks and Recreation supervision/sponsorship of Festival Children's Area 13) Waiver of noise ordinance for music Delray Beach '- 14) Use of trolley from other parking areas on Atlantic Avenue FL 33444 15) Removal of car bumpers from festival area _ 16) Payment of liability insurance policy required for use of CRA lot (as defined in Temporary Use Agreement) (561) 458-9353 Fax: (561) 274-6129 Cityreqltr.doc www.dbgarlicfest.com Page 2 Parking for the festival will be along Atlantic Avenue, Public Parking lot located on S.E. 1st Avenue (behind J.W. Genesis building) and the CRA Parking lots 2, 3 & 4 / Block 60 located behind Dunkin Donuts. The event is requesting these items to be added to the agenda of the March 2, 1999 meeting of the City Commission. Should you have any questions, please contact me at 274-4663. Thank you for your consideration. Sincerely, Executive Director Delray Beach Gadic Festival CC: Bob Barcinski Cityreqltr.doc January 18,1999 Mr. Ch.~,~ Brown CRA 24 North Swinton Ave. Delray Beach, FL 33444 Dear Chris, Thank you f~r adding us to the agenda of your upcoming board meeting. Pineapple Grove Main Street, Inc. and The Historic Delray Green Market, in conjunction with the Delray Beach Festival Association's l't Annual Garlic Festival, is requesting a Temporary Use Permit for use of CRA parking lots. In addition to use of CRA Parking Lots (as shown on the attached site plan) we are also requesting the following: 1) Closing of CRA Parking Lot/Block #76 from 6:00 am Friday, October 15, 1999 through midnight Sunday, October 17, 1999 2) Usage of street lights & electricity at all strategic locations as shown on attached map 3) The temporary shutdown of the City sprinkler system in the festival area 4) 2 day Green Market participation (for length/time of festival) 5) Use of CRA Parking Lots 2, 3 & 4 / Block #60 (behind Dunkin Donuts) for event parking A description of our event and site plan is attached for your review. Should you have any questions, please contact Nancy Stewart at 274-4663. Thank you for your consideration. Sincerely, ; Nancy Stewart / / J~ne King Executive Director / / Green Market ManagEr Project Manager Delray Beach Garlic Festi~.a'l Historic Delray Green Market Pineapple Grove Main Street, Inc. cc: Bob Barcinski Delray Beach Festival Association, Inc. 10 S.E. t st Avenue Delray Beach C~t u r.~_{ A_~ov a~ Date ~ (56!) 458-9353 Fax: (561) 274-6! 2.9 www.dbgarlicfest.com :'. "i. ,i,x~ ': A.qreem~nt for 1999 Delray Beach Garlic Festival PRQVISION OF I2 DAY) LIQUOR LICENSE THIS AGREEMENT made this 11th day.of October, 1999.between DELRAY BEACH FESTIVAL ASSOCIATION (hereinafter referred to as "DBFA") and PINEAPPLE GROVE ~.. MAIN STREET, (hereinafter referred to as "PGMS"). Hereby stipulate and agree to the following: '. PGMS Liquor license for the 1~ WHEREAS, DBFA has been granted the use of a6,h Annual Delray Beach Garlic Festival on October 1 and 17~h, 1999. In consideration for these rights, DBFA shall pay to "PGMS" Twenty (20) Percent of net receipts o4 beer and wine sales, net of sales tax. DBFA will sell the following items in beer and Wine booths provided by DBFA: Beer, Wine and Water. PGMS will provide the liquor liability insurance policy for the DBFA on 16~h and 17th days of October, 1999. PGMS will provide the necessary volunteers from 9.00 am to closing (11 PM) on October 16, 1999 and from11.00 am to closing (7 PM) on October 17,1999. Each PGMS volunteer will work one or more of a 4 hour shift. A total of Two (2) Wine locations and Total of Two (2) Beer. Locations will be provided by DBFA and will need volunteers per hour shift of PGMS volunteers. DBFA will be responsible for supplying all the Beer, Wine and Water for each location. , DBFA will provide electricity if need and all necessary trash receptacles. .PGMS has a 3 year right of refusal providing that PGMS performs satisfactorily in 1999. ; DBFA will provide PGMS with a complete accounting report of the 9ross receipts within · 15 working days of the event, SIGNED and SEALED the ~ ¢~ day of LJ/~ ~1999. WITNESS as to DBFA: DELRAY BEACH FESTIVAL ASSOCIATION. Delray ' i3'y: A/nna I~va~ns / .~ATTEST) Beach Festival · Executive Director Assistant Executive Director .:, WITNBSS, ~as to PC-d~S+. P~, -EAT~LE GROVE MAIN STREET Inc. ,, ~9" By: Leu wald~a~n 'I' ' - - ' 10S.E. 1st Avenue · Program Manager ~ Delray Beach fL 33444 (561) 458-9353 Fax: (561) Z74-61 Z9 M MORANDUM TO: David T. Harden, City Manager ~rRobert A. Barcinski, Assistant City Manager FROM: SUBJECT: Agenda Item # (~ F City Commission Meeting April 6, 1999 Approval Special Event - Cineo De Mayo Fiesta DATE: March 31, 1999 ACTION City Commission is requested to endorse the Cinco De Mayo Fiesta to be held on Sunday, May 2, 1999, from 2:00 p.m. - 7:00 p.m. at the Ocean City Lumber complex, to authorize use and set-up and take-down of the large City stage, to authorize staff support for security and to waive City costs. BACKGROUND Attached is a request received from Jamie Rameriz and Elma Maldonado, Chairpersons of the Fiesta. Cinco De Mayo celebrates the date Mexican soldiers defeated the French at Puebla Mexico. This celebration is a party that represents freedom and liberty. The committee is composed of Hispanic residents of our City. The event will be held entirely on the Ocean City Lumber site, no barricading is needed. The committee will be responsible for clean-up, liability insurance and event management. City staff can set-up and take-down the stage during regular hours. Police security will be provided at the detail rate. The estimated cost for Police security is $625. RECOMMENDATION Staff recommends endorsement of the event, authorization of stage use including set-up and take-down, providing Police security at the detail site, and waiver of the security costs. RAB :kwg Fil¢:u:graham/mis¢ Doc.:Cin~ode. May March 31, 1999 Mr. Robert Barcinski, Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM - FOR CITY COMMISSION MEETING SPECIAL EVENT REQUEST - CINCO DE MAYO FIESTA Dear Mr. Barcinski: This is a request by the Cinco de Mayo Fiesta Committee, sponsor of this event, to obto_in City Commission endorsement of this special event to be held on Sunday, May 2, 1999, at the Ocean City Lumber Complex site from 2:00 - 7:00 pm. It is estimated that approximately 500 - 1,000 people will attend this first time event. We are requesting that the City provide police security and the large covered stage for this event. The City Support of this event with no charge to the Cinco de Mayo Fiesta Committee is crucial to the success for this first time event. Your consideration and cooperation is very much appreciated. Attached please 6nd: 1. Detail description of the boundaries of the event site: The event site will include the entire Ocean City Lumber Complex property between NE 2nd Avenue and Rail Road Way. This property will be closed to vehicular traffic from 8:00 _a_m - 7:00 pm for site preparation for the event. Rail Road Way will remain open to vehicular trsfl~c. 2. Letter requesting waiver to permit alcoholic beverage consumption on the event site: Letter attached. 3. Letter from Ocean City Lumber Company approving use of their site: Letter attached. 4. Letter requesting waiver of noise ordinance for music: Letter attached. 5. Request for Police Security: We have met with Lt. JeffWilliAms to discuss security needs for this event. The estimated overti_'me hours will be forwarded to the city for approval. We are requesting a waiver of those overti~'me costs. 6. Request for FEC Train slowing: Attached letter reques_~ing that the troins be slowed for this event. 7. Certificate of insurance: Special Event insurance documentation to follow 8. Event Timing: The 1st Annual Cinco de Mayo Fiesta! will be held on Sunday, May 2, 1999 from 2:00 - 7:00 pm. 9. Request for use of city stage: The large covered stage is being requested at no charge for this event. Location to be determined. 10. Signage reauests: The sponsor banners will be the only sign displayed for this event. These will be located on the entertainment stage and at individual craft booths. 11. Use of alcoholic beverages: Beer will be made av_silable for this event by Atlantic Street Station, who will provide all necessary permits and licenses. 12. What is Cinco De Mayo - Purpose: Cinco de Mayo means Fifth of May, a very special day for Mexican Americans. On May 5, 1862, there was a battle in the town of Puebla, Mexico, when the Mexican army won a great victory against the French army. Each year, on the Fifth of May, people celebrate the victory of Cinco de Mayo. More detailed history attached. It is our intention that this Cinco de Mayo Fiesta ! event will be an annual event celebrating the Independence day for Mexico. Please let us know if there are additional questions. Sincerely, JAmie Rameriz Elma Maldonado Chairpersons cc: Roy Fraker, Ocean City Lumber Complex Marjorie Ferret, Downtown Coordinator Jim McGuinnes, Atlantic Street Station 03/$0/99 18:40 FAX 5§1 278 8397 .ItEISNER ELECTRIC [~001 DRAFT Tuesday, March 30, 1999 Via Fax: Marjorie Ferrer Joint Venture 64 SE 5th Ave. Delray Beach, FL 33483 Re: Request for use of Property I~ear Marjode: Ocean City Properties, Ltd. agrees to provide the use of the Ocean City Lumber Company property on Sunday May 2, 1999 for the Cinco de Mayo Fiesta from 2:00PM to 7:00PM provided the following: Ocean City Properties to provide: One time use of the common areas of Ocean City Lumber Company for Cinco de Mayo Fiesta. Use of common area public restrooms during the event. Parking lot closure for the event 8:00AM - 7:00PM Cinco de Mayo Fiesta Committee to provide: Necessary request to the City of Delray Beach and compliance with all City ordinances. Any necessaw license, permits and Insurance. Certificate of insurance naming Ocean City Properties. Ltd. additionally insured. Ocean City Lumber Company name or logo recognition in advertising. Evidence of such advertising. Event notification and coordination with all Ocean City Lumber Company businesses. Proper police security from the City of Delray Beach and the FEC Railroad police. Return of property to original and broom swept condition. Cinco de Mayo Fiesta agrees to be responsible for any damages to the property. Sincerely, OCEAN CITY PROPERTIES, LTD. Roy J. Fraker Site Operations Manager 220 H.l~. 1st Street · Delray Beach, Florida 33444-.~710 · 561-276.2523 - Fax: 561,,278-8597 HISTORY Page 1 of 5 CINCO DE MAYO HISTORY This site was awarded a Times Pick by the Los Angeles Times on $/1/1997;! The Sth of May is not Mexican Independence Day, but is should be ! And Cinco de Mayo is not an American holiday, but it should be. Mexico declared its independence from mother Spain on midnight, the lSth of September, 1810. And it took 11 years before the first Spanish soldiers were told and forced to leave Mexico. So, why Cinco de Mayo? Any why should Americans savor this day as well? Because 4,000 Mexican soldiers smashed the French and traitor Mexican army of 8,000 at Puebla, Mexico, 100 miles east of Mexico City on the morning of May 5, 1862. The French had landed in Mexico (along with Spanish and http://www.vivacincodemayo.org/history.htm 3/2/99 HISTORY Page 2 of 5 English troops) five months earlier on the pretext of collecting Mexican debts from the newly elected government of democratic President (and Indian) Benito Juarez. The English and Spanish quickly made deals and left. The French, however, had different ideas. Under Emperor Napoleon III, who detested the United States, the French came to stay. They brought a Hapsburg prince with them to rule the new Mexican empire. His name was Maximilian; his wife, Carolota. Napoleon's French Army had not been defeated in 50 years, and it invaded Mexico with the finest modern equipment and with a newly reconstituted Foreign Legion. The French were not afraid of anyone, especially since the United States was embroiled in its own Civil War. The French Army left the port of Vera Cruz to attack Mexico City to the west, as the French assumed that the Mexicans would give up should their capital fall to the enemy -- as European countries traditionally did. Under the command of Texas-born General Zaragosa, (and the cavalry under the command of Colonel Porfirio Diaz, later to be Mexico's president and dictator), the Mexicans awaited. Brightly dressed French Dragoons led the enemy columns. The Mexican Army was less stylish. General Zaragosa ordered Colonel Diaz to take his cavalry, the best in the world, out to the French flanks. In response, the French did a most stupid thing; they sent their cavalry off to chase Diaz and his men, who proceeded to butcher them. The remaining French infantrymen charged the Mexican defenders through sloppy mud from a thunderstorm and through hundreds of head of stampeding cattle stirred up by Indians http://www.vivacincodemayo.org/history.htm 3/2/99 HISTORY Page 3 of 5 armed only with machetes. When the battle was over, many French were killed or wounded and their cavalry was being chased by Diaz' superb horsemen miles away. The Mexicans had won a great victory that kept Napoleon III from supplying the confederate rebels for another year, allowing the United States to build the greatest army the world had ever seen. This grand army smashed the Confederates at Gettysburg just 14 months after the battle of Pueblo, essentially ending the Civil War. Union forces were then rushed to the Texas/Mexican border under General Phil Sheridan, who made sure that the Mexicans got all the weapons and ammunition they needed to expel the French. American soldiers were discharged with their uniforms and rifles if they promised to join the Mexican Army to fight the French. The American Legion of Honor marched in the Victory Parade in Mexico City. It might be a historical stretch to credit the survival of the United States to those brave 4,000 Mexicans who faced an army twice as large in 1862. But who knows? In gratitude, thousands of Mexicans crossed the border after Pearl Harbor to join the U.S. Armed Forces. As recently as the Persian Gulf War, Mexicans flooded American consulates with phone calls, trying to join up and fight another war for America. Mexicans, you see, never forget who their friends are, and neither do Americans. That's why Cinco de Mayo is such a party -- A party that celebrates freedom and liberty. There are two ideals which Mexicans and Americans have fought shoulder to shoulder to protect, ever since the 5th of May, 1862. VIVA! el CINCO DE MAYO!! http://www, vivacincodemayo.org/history, htm 3/2/99 March 31, 1999 Mr. M.E. Deputy, Vice President-Transportation Florida East Coast Railway Company One Malaga Street P.O. Box 1048 St. Augustine, FL 32085-1048 Dear Mr. Deputy: The Cinco De Mayo Fiesta Committee is requesting your assistance on Sunday, May 2, 1999 from 2:00 p.m. to 7:00 p.m., as the Fiesta is celebrated at Ocean City Lumber Company property site located at 220 N.E. 1" Street in the City of Delray Beach. To ensure the safety of the public we are requesting that during this event the Florida East Coast Railway Company agree to slow down the train speed to 20 MPH over the Atlantic Avenue crossing from 2:00 p.m. to 7:00 p.m. Please arrange to have a representative of your Police & Special Services Department present at this event. We would appreciate a confirmation of the above request. Please send reply to Marjorie Ferrer, Downtown Joint Venture, 64 S.E. 5th Avenue, Delray Beach, FL 33483. Sincerely, Jamie Ramirez Elma Maldonado Chairpersons /sk Robert A. Barcinski Lt. Mark Davis, Police Department This document prepared by: Irene Kennedy Quincey 4524 Gun Club Road Suite 203 West Palm Beach, FL 33415 (561) 471-1366 AGREEMENT FOR RESTORATION/MITIGATION AT DELRAY PARKSITE This Agreement is entered into this/o7~/~ day of~__~_~, 1999 between the City of Delray Beach ("City") 100 NW 1st Avenue, Delray Beach, Floridh, 33444 and Delray Estuaries, L.C., A Florida Limited Liability Company ("Delray Estuary"), whose address is 832 South Military Trail, Deerfield Beach, Florida, 33442. WITNESSETH WHEREAS, Delray Estuary desires to provide restoration/mitigation activities on a parcel of conservation property owned by the City and described in Exhibit "A", (Parksite), attached hereto and made a part hereof in accordance with the terms of this Agreement; and WHEREAS, Delray Estuary shall restore the Parksite area and maintain it for a minimum 5 year period, unless the South Florida Water Management District (SFWMD) fails to issue a Notice of Compliance within that 5 year period, then Delray Estuary shall maintain the Parksite until such Notice of Compliance is received by SFWMD; and WHEREAS, the City shall be responsible for the maintenance of the Parksite after the minimum 5 year period or until receipt of the Notice of Compliance from SFWMD, whichever occurs later; and WHEREAS, the City shall be compensated for the projected furore maintenance cost of the Parksite by either funds received from Delray Estuary or the City may, in its sole discretion, enact a special assessment to be levied on Delray Estuary Project property owners. Special Assessments, if imposed, shall be in addition to any costs Delray Estuary pays for the restoration and maintenance of the Parksite during the initial 5 year period; and WHEREAS, Delray Estuary shall pay to the City a sum of $3,001.43 on an annual basis for a ten year period for the future maintenance of the Parksite as provided by the amortization schedule attached hereto as Exhibit "B". The first annual payment shall be due within ten (10) days of issuance of the SFWMD Environmental Resource Permit for construction and the U.S. Army Corps of Engineers permit. The remaining annual payments shall be due no later than May 1 of each year thereafter. 1 of 7 WHEREAS, the City, at some point in the future, may wish to specially assess the property owners of the Delray Estuary Project for the maintenance cost of the Parksite. If the City initiates a special assessment on Estuary property owners, Delray Estuary shall no longer be required to pay the annual fee of $3,001.43 to the City provided that nothing herein contained shall relieve Delray Estuary of its duty to maintain the Parksite for a minimum of five years or until a notice of compliance is received from SFWMD, whichever occurs later; and WHEREAS, if the City initiates a special assessment, the funds contributed by Delray Estuary up to the time of imposition of the special assessment shall be used to offset the special assessment amounts owed by Estuary property owners; and WHEREAS, the City desires to participate with Delray Estuary in the restoration of the Parksite as further set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual benefits flowing one to another and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows: The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. A. Delray Estuary responsibilities: 1. Delray Estuary will remove the exotic and nuisance vegetation on the Parksite and restore the Parksite in accordance with the restoration/mitigation plan, attached hereto as Exhibit "C". 2. Delray Estuary will monitor and maintain the Parksite free from exotic vegetation in accordance with the SFWMD permit, as described in Exhibit "C", for a period of five years from the effective date of this Agreement or until the SFWMD issues a "Notice of Compliance", whichever is later. However, the minimum time period that Delray Estuary shall maintain the property shall be for five years. Delray Estuary's duty to maintain during this period shall not be negated by the imposition of a special assessment. 3. Delray Estuary shall be responsible for a fixed annual payment of $3,001.43 for a period of ten years to the City. Each annual payment shall be due on May 1 of each year. This payment shall be to maintain the Parksite free from exotic vegetation and to otherwise maintain the Parksite in the future as permitted by the SFWMD pursuant to application number 970530-8. If at any time Delray Estuary fails to make an annual payment within 30 days of May 1, the City may declare Delray Estuary in breach of this paragraph and deem that all remaining annual payments are due and must be paid within 30 days of receiving written notice from the City requesting such payment. The remaining obligations of the Parties under this Agreement remain unchanged. Delray Estuaries shall post a bond to 2 of 7 support the annual payment, which bond may be reduced as each annual payment is paid to the City. Prepayment of this Agreement may be made at any time without penalty, in accordance with Exhibit "B". 4. Delray Estuary is on notice that at some point in time the City may wish to initiate a special assessment for the future maintenance requirements of the Parksite. Delray Estuary shall inform all persons or entities that purchase lots on the Delray Estuary Project that a special assessment might be initiated by the City at some point in the future in order to provide maintenance for the Parksite. If the City initiates a special assessment in order to maintain the Parksite, then Delray Estuary shall not be required to make any further annual payments of $3,001.43 to the City after the special assessment is in effect. 5. Delray Estuary shall be responsible for any damage to the Parksite caused by the mitigation activity as defined in Exhibit "C", or reasonable related thereto. B. City Responsibilities 1. The City consents and agrees to the restoration/mitigation activities as described in Exhibit "C" to be conducted on the Parksite. The City acknowledges that there may be changes in the mitigation plan required by the permitting agencies or otherwise necessitated due to construction techniques. The City agrees that any subsequent approvals of the mitigation plan shall not be unreasonably withheld. 2. The City consents to the application for and receipt of a permit for the perpetual operation and maintenance of the restoration/mitigation activities, in accordance with the requirements and conditions of the SFWMD. 3. The City will execute the Right of Entry attached as Exhibit "D" which Right of Entry may be filed in the Public Records of Pahn Beach County. 4. Until Delray Estuary completes the restoration/mitigation plan, the City agrees not to utilize the Parksite in a manner m interfere with the restoration/mitigation activities. 5. Upon successful completion of the restoration/initigation plan, as determined by the SFWMD, the City shall assume the responsibility tbr the perpetual maintenance of the Parksite as required by the SFWMD, but, in no event shall the City assume the maintenance of the Parksite prior to the initial five year period. C. GENERAL TERMS AND CONDITIONS 1. Effective date. This Agreement shall be effective upon the date of execution by the City. 3 of 7 2. Notice. All notices and other communication shall be in writing, including facsimile transmission and shall be provided as follows: For the City; David Harden, City Manager City of Delray Beach 100 N.W. 1 st Ave. Delray Beach, FL 33444 For Delray Estuary; Scott Porten, President 832 South Military Trail Deerfield Beach, FL, 33442 954-422-1883 Fax: 954-422-1887 3. Headings. The headings in this Agreement are for the convenience of reference only and are not to be considered a part of this Agreement. The headings shall not limit or otherwise affect the meaning or interpretation of this Agreement. 4. Severability. If any provision of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder shall not be invalidated and shall be given full force and effect so far as possible. If any provision of the Agreement may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. 5. Third Parties. Unless expressly stated herein to the contrary, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of the Agreement on any persons other than the parties and their respective legal representatives, successors and permitted assigns. Nothing in the Agreement is intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action over or against any party to this Agreement. 6. Jurisdiction and Venue. The parties (1) agree that any suit, action or legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States, Southern District of Florida; (2) consents to the jurisdiction of each such court in any suit, action or proceeding; (3) waives any objection which it may have to the laying of venue of any such suit, action or proceeding any of such courts. 4 of 7 7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed original, but ail of which together shall constitute one and the same instrument. 8. Governing Law. This Agreement and all transactions contemplated by this Agreement shall be governed by, construed, and enforced in accordance with the internal laws of the State of Florida without regard to principles of conflicts of laws. 9. Interpretation. This Agreement shall be interpreted without regard to any presumption or other rule requiring interpretation against the party causing this Agreement or any part thereof to be drafted. 10. Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by the parties shall control all printed provisions in conflict therewith. 11. Successors in Interest. This Agreement shall be legally binding upon the parties hereto and their heirs, legal representatives, successors and assigns. 12. Entire Agreement. This Agreement contains the entire Agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous Agreements, representations and understandings of the parties. No Agreements, or representations, unless incorporated in this Agreement shall be binding upon any of the parties. No modification or change in the Agreement shall be valid or binding upon the parties unless in writing and executed by the parties. 13. Termination. This Agreement shall terminate upon Delray Estuary making final payment to the City of the amounts due under this Agreement. However, in no event shall this Agreement terminate prior to the initial 5 year period or prior to the SFWMD issuing a Notice of Compliance if such notice is not issued in the initial 5 year period, provided however, the portion of this Agreement concerning payment of funds by Delray Estuary for future maintenance of the Parksite (not including the 5 year minimum period or until issuance of a Notice of Compliance, whichever occurs later) shall terminate if the City approves by ordinance or resolution a special assessment for the purpose of future maintenance of the Parksite on Estuary property owners. All other provisions of this Agreement shall continue in full force and effect. Upon termination all parties shall be released from any further obligations of each to the other. Said release shall not affect the obligation which either party may have to any governmental agency by reason of issuance of said permits or Agreements. 14. Condition Precedent. This Agreement is conditioned upon Delray Estuary receiving all necessary permits for the Delray Estuary Project and is conditioned upon the City receiving the permit from the SFWMD. 5 of 7 15. This Agreement is subject to receipt by the City from the Nature Conservancy and Palm Beach County of a signed notice stating that the restoration and mitigation on the Delray Parksite is not in violation of their deed restrictions on the parcel. 16. If Delray Estuary fails to comply with Section 2.4.4 of the Land Development Regulations of the City and if an Agreement to extend the time frames is not granted by the City, then the City may make a claim upon the bond or equivalent security provided to the South Florida Water Management District to assure performance of the mitigation on the Parksite. In the event that the South Florida Water Management District fails to agree the City can draw on the bond, or equivalent security, Delray Estuary shall provide a bond or equivalent security in the amount of 110% of the cost of the mitigation of the Property based on the mitigation plan provided to the South Florida Water Management District. Such bond shall restrict the City from drawing upon it in the event that the SFWMD draws upon the security provided to guarantee performance under the mitigation plan. The City shall release said bond in full upon receipt of the Notice of Compliance from the SFWMD for the Parksite as permitted pursuant to application number 970530-8. Receipt of the Notice of Compliance shall be the sole condition for the release of said bond. The bond or equivalent security shall be provided to the City prior to commencement of construction. If however, Delray Estuary does not commence construction on the Estuary site, within 18 months after site plan approval, and has failed to obtain an extension of time within 18 months, then the City shall have the unilateral right to withdraw from this Agreement. 17. The parties and signatories hereto warrant they have the authority to enter into this Agreement. WHEREFORE, this Agreement shall be effective when executed by the parties. WITNESSES: DELRAY ESTUARY, L.C. By Delr;/,P_~t~aging Member Print: ~, ~,-x ~ ~X,x,.,'XX-- Micha-~l-~oldber'"g, Managing Member p~ ~,,k.~Lq[a-~ Liability°fDelray PCI, L.C. a Florida Limitedcompany STATE OF COUNTY OF On this c~4/,., day of ~r~,r, rt'l , 199 __7 before me, the undersigned notary public, personally appeared D2 ;Cboe ] ~::~]d,ber.~, personally known to me to be the person who subscribed to the foregoing instrument and did not take an oath, as the (position) fir)_ Of) otc~ ;r~ ,a r',~erm J:~or- ,of (corporation) 6 of 7 De/t'a c~ ~C'--/~'._ , and acknowledged that (s)he executed the same on behalf of said corporation and that (s)he was ~luly authorized to do so. FL Dr/ ver~c /-;ceo.Ce d~ q q3l~ ~5-q'/ -~q - 2 7q- cD IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA ~ ~ ~,. o~.~t~. '1 Print N~t~n"~: C~/q-J'~ ,/cos e_. I~,,Z'~iir-~ m ~m~ml *O1: I:~.O'- ~LY ~ My Commission Expires: ATTEST: CITY OF D~_ RAY./~/~ By: ~V~TX2t~f_Z3~/~-O~ By: ~./~~ C i ty~le rk ~ ~~ J'~rin Approved as to fo~: /%~m City A~omey Exhibit "A" Description of the Parksite Exhibit "B" Amortization Table Exhibit "C" Restoration/Mitigation Plan Exhibit "D" Right of Entry Agreement 7 of 7 EXHIBIT "A" /iLL OF LOTS, B, C, D, AND E, ALL BEING IN KENMONT, A ~c;UBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCU1T COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PLAT BOOK 20, PAGE 65; TOGETHER WITH ANY RIPARIAN AND/OR LITTORAL RIGHTS PERTAINING THERETO. EXHIBIT "B" SCHEDULE RELATIVE TO CITY OWNED MITIGATION AREA FOR ESTUARY DEVELOPMENT ......... DEVELOPER LOAN .......... FILE:ESTUARY 6 YEAR BEGINNING LOAN PRINCIPAL INTEREST ANNUAL MAINTENANCE ENDING BALANCE BALANCE AT PAYMENT W/INFLATION BALANCE 8% 1.03 0 00 18,749.60 1,501.46 1,499.97 3,001.43 3 001.43 1 1999 3,001 43 17,248.14 1,621.58 1,379.85 3,001.43 6 002.86 2 2000 6,002 86 15,626.56 1,751.31 1,250.12 3,001.43 9 004.29 3 2001 9,004 29 13,875.25 1,891.41 1,110.02 3,001.43 12 005.72 4 2002 12 005 72 11,983.84 2,042.72 958.71 3,001.43 1,000.00 14 007.15 5 2003 14 007 15 9,941.12 2,206.14 795.29 3,001.43 1,030.00 15 978.58 6 2004 15 978 58 7,734.98 2,382.63 618.80 3,001.43 1,060.90 17.919.11 7 2005 17 919 11 5,352.35 2,573.24 428.19 3,001.43 1,092 73 19.827.81 8 2006 19 827 81 2,779.11 2,779.10 222.33 3,001.43 1,125 51 21.703.73 9 2007 21 703.73 0.01 3,001.43 0.00 3,001.43 1,159 27 23.545.89 10 2008 23 545.89 i 883.67 1,194 05 24.235.51 11 2009 24 235.51 i 938.84 1,229 87 24.944.48 12 2010 24 944.48 i 995.56 1,266 77 25.673.26 13 2011 25 673.26 2 053.86 1,304 77 26 422.35 14 2012 26 422.35 2 113.79 1,343 92 27 192.22 15 2013 27 192.22 2 175.38 1,384 23 27 983.37 16 2014 27 983.37 2 238.67 1,425 76 28,796.28 17 2015 28 796.28 2 303.70 i 468 53 29 631.44 18 2016 29 631.44 2.370.52 I 512 59 30 489 37 19 2017 30 489.37 2 439.15 i 557 97 31 370 55 20 2018 31 370.55 2,509.64 1 604 71 32 275 49 21 2019 32 275.49 2,582.04 I 652.85 33 204 68 22 2020 33 204.68 2,656.37 1 702.43 34 158 62 23 2021 34 158.62 2,732.69 i 753.51 35 137 81 24 2022 35 137.81 2,811.02 i 806.11 36 142 72 25 2023 36 142.72 2,891.42 I 860.29 37 173 84 26 2024 37 173.84 2,973.91 1916.10 38 231 65 27 2025 38231.65 3,058 53 1,973.59 39 316 59 28 2026 39 316.59 3,145 33 2,032.79 40 429 13 29 2027 40 429.13 3,234 33 2,093.78 41 569 68 30 2028 41569.68 3,325 57 2,156.59 42 738.66 31 2029 42 738.66 3,419 09 2,221.29 43 936.47 32 2030 43936.47 3,514 92 2,287.93 45 163.45 33 2031 45.163.45 3,613 08 2,356.57 46 419.97 34 2032 46419.97 3,713 60 2,427.26 47 706.30 35 2033 47.706.30 3,816 50 2,500.08 49 022.72 36 2034 49.022.72 3,921 82 2,575.08 50 369.46 37 2035 50.369.46 4,029 56 2,652.34 51 746.68 38 2036 51.746.68 4,139 73 2,731.91 53154.51 39 2037 53 154.51 4,25236 2,813.86 54.593.01 40 2038 54.593.01 4,367 44 2,898.28 56 062.17 41 2039 56 062.17 4,48497 2,985.23 57561.92 42 2040 57 561.92 4,604 95 3,074.78 59.092.09 43 2041 59 092.09 4,727.37 3,167.03 60.652.43 44 2042 60 652.43 4,852.19 3,262.04 62.242.58 45 2043 62 242.58 4,979.41 3,359.90 63.862.09 46 2044 63 862.09 5,108.97 3,460.70 65 510 36 47 2045 65 510.36 5,240.83 3,564.52 67 186 68 48 2046 67 186.68 5,374.93 3,671.45 68 890 16 49 2047 68 890.16 5,511.21 3,781.60 70 619 77 50 2048 70 619.77 5,649.58 3,895.04 72 374 31 51 2049 72 374.31 5,789.95 4,011.90 74 152 36 52 2050 74 152.36 5,932.19 4,132.25 75 952 30 53 2051 75 952.30 6 076.18 4,256 22 77 772 26 54 2052 77 772.26 6 221.78 4,383 91 79 610 14 55 2053 79 610.14 6 368.81 4,515 42 81 463 53 56 2054 81 463.53 6 517.08 4,650 89 83 329 72 57 2055 83 329.72 6 666.38 4,790 41 85 205 69 58 2056 85 205.69 6 816.46 4,934 12 87 088 02 59 2057 87 088.02 6 967.04 5,082 15 88 972 91 60 2058 88 972.91 7117.83 5,234 61 90 856 13 61 2059 90 856.13 7 268.49 5,391 65 92 732 97 62 2060 92 732.97 7 418.64 5,553 40 94 598 21 63 2061 94 598.21 7 567.86 5,720 00 96 446 06 64 2062 96 446.06 7 715.68 5,891 60 98 270 14 65 2063 98 270.14 7 861.61 6,068.35 100 063 40 66 2064 100 063.40 8 005.07 6,250.40 101 818 08 67 2065 101 818.08 8145.45 6,437.91 103,525 61 68 2066 103 525.61 8 282.05 6,631.05 105,176 60 69 2067 105 176.60 8 414.13 6,829.98 106,760 75 70 2067 106 760.75 8 540.86 7 034.88 108,266 73 71 2069 108 266.73 8 661.34 7 245.93 109,682 14 72 2070 109 682.14 8 774.57 7 463.31 110,993 40 73 2071 110 993.40 8 879.47 7 687.21 112,185 67 74 2072 112 185.67 8 974.85 7 917.82 113,242 70 75 2073 113 242.70 9 059.42 8 155.36 114,146 76 76 2074 114 146.76 9,131.74 8 400.02 114,878 48 77 2075 114 878.48 9,190.28 8 652.02 115,416 74 78 2076 115 416.74 9,233.34 8 911.58 115,738 51 79 2077 115 738.51 9,259.08 9,178.93 115.818 66 80 2078 115 818.66 9,265.49 9 454.29 115 629 86 81 2079 115 629.86 9,250.39 9 737.92 115 142 33 82 2080 115 142.33 9,211.39 10 030.06 114 323 65 83 2081 114 323.65 9,145.89 10 330.96 113 138 58 84 2082 113 138.58 9,051.09 10 640.89 111 548 78 85 2083 111 548.78 8,923.90 10 960.12 109 512 56 86 2084 109 512.56 8,761.01 11 288.92 106 984 65 87 2085 106 984.65 8,558.77 11 627.59 103 915 83 88 2086 103 915.83 8,313.27 11 976.42 100 252 68 89 2087 100 252.68 8,020.21 12 335.71 95 937 19 90 2088 95 937.19 7,674.98 12 705.78 90 906.38 91 2089 90 906.38 7,272.51 13 086.95 85 091.94 92 2090 85 091.94 6,807.36 13 479.56 78 419.74 93 2091 78 419.74 6,273.58 13 883.95 70 809.37 94 2092 70 809.37 5,664.75 14 300.47 62 173.65 95 2093 62 173.65 4,973.89 14 729.48 52 418.06 96 2094 52 418.06 4,193.44 15 171.37 41 440.14 97 2095 41 440.14 3,315.21 15 626.51 29 128.84 98 2096 29 128.84 2,330.31 16 095.30 15 363.85 99 2097 15 363.85 1,229.11 16 578.16 14.79 EXHIBIT 'C' This document prepared by: Irene Kennedy Quincey 4524 Gun Club Road Suite 203 West Palm Beach, FL 33415 (561)471-1366 RIGHT OF ENTRY AGREEMENT This AGREEMENT is entered into this/o?)/-/2 day of~aet'/, 1999 between the City of Delray Beach, Florida, ("City"), whose address is 200 N.W. 1st Avenue, Delray Beach, Florida, 33444 Delray Estuary L.C., A Florida Limited Liability Company ("Delray Estuary"), whose address is 832 South Military Trail, Deerfield Beach, Florida, 33442. WITNESSETH WHEREAS, the City and Delray Estuary have entered into an agreement for the completion of certain activities on Property controlled by the City, as later described herein; and WHEREAS, to complete said activities, Delray Estuary must be provided the right to enter the Property and complete said activities; NOW THEREFORE, in consideration of the benefits flowing each to the other, together with other good and valuable consideration, the adequacy of which is hereby acknowledged, the City grants Delray Estuary, its representatives and agents, contractors and subcontractors, an unrestricted right and privilege to enter upon the property described in Exhibit "A" (Property) to conduct mitigation activities as authorized by the South Florida Water Management District. The right of entry may be filed in the public records of Palm Beach County. The effective date of this right of entry shall be the date of execution by the City. WHEREFORE, The Parties have executed this AGREEMENT on the date(s) set forth below. Delray Estuary, L.C. Witness: A Florida Limited I(~ty ~pany Print Name: ~--~'~ ~,--- XX'~'¢', Michae'l'D~. Goid~'rg,'~3gh~I~0er of ~ [~ Delray mci, L.C., a Florida Limited _ Liability Company, its managing member Pn~t Name: -.)O&~ ~/~ Page 1 of 2 STATE OF f~/oridO~ ) SSi COUNTY OF fiT~ ]rn On this ~ ~ ~ day of ~r ,' } ,199 ~ before me, the ~dersi~ed not~ public, personally appeared ~ t~8] ~o~ , personally ~o~ to me to be the person who subscribed to the foregoing ins~ent ~d di~ not t~e ~ oath, as the (position) ~o~,'n~ me~ ~e~ ,of(co~oration) ~e / r ~ ~ ~C ~ ,. , ~d ac~owledged that (s)he executed the s~e on behalf of said co~oration ~d ~at (s)he was dul~ authorized to do so. ~ WlT~SS ~E~OF, I hereunto set my h~d ~d official seal. T~Y P~LIC, STATE OF FLO~DA I~'o ~~ I My Commission Expires: IN .¥~'ITNESS WHEREOF,~a ~'r/~ ~/~£/E~, ~ has hereunto set its authorized hand this 1~'~ day of April 1999. ~ ATTEST: CITY OF DELRAY BEACH /- ~ Wimess: Print ~e: ~'e APPROVED AS TO FO~ AND LEGAL S~FICIENCY ~~ CITY ATTO~EY 2 of 2 [ITY OF DELRI:IY BEI:IgH CITY ATTORNEY'S OFFICE .w., TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH Ali. America City MEMORANDUM l~ll~llll! DATE: Aprill, 1999 ~ 993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Approval of Agreement and Conservation Deed on Delray Estuary Prqiect The Delray Estuaries, L.C. has plans to develop the parcel of land shown on Exhibit "1" as the 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 CSFWMD") 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 parcel is located just south of the development and labeled "mitigation area" on Exhibit 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 "C" to the Agreement). The developer must file an application with the SFWMD to be able to perform any work on the City owned parcel. SFWMD requires the owner of the property to be a co- applicant on the application. The City Commission consented to act as a co-applicant at its March !6, 1999 meeting. SFWMD also requires that a deed of conservation easement be executed by the property owner to allow SFWMD to enter upon the property and enforce any of the requirements of the conservation easement. (See Exhibit "2"). This item is also before the Commission for approval. Pursuant to the proposed agreement between the City and the developer (See Exhibit "3"), the developer shall maintain the City-owned mitigation area until the SFWMD issues a notice of compliance for the parcel. If SFWMD issues a notice of compliance prior to the expiration of a five year period from the date of this Agreement, then the developer shall continue maintaining the mitigation area until the five year period expires, even if a notice of compliance has been issued. The City shall be responsible for maintaining the property after the minimum five year period or until a notice of compliance is issued by the SFWMD if the notice has not been issued prior to the expiration of the five year period. The developer shall furnish a cash payment to the City to provide for the long term maintenance of the mitigation area. The cash payment shall be paid to the City in annual installments of $3,001.43 for a period of ten years. The cash payment is based upon a maintenance cost to the City of $1,000.00 each year plus 3 % inflation each year over 99 years. A rate of return of 8% was also applied to the case payment. The developer shall also post a bond to insure that even if the developer goes out of business the work on the mitigation area will be completed. The agreement also provides that the City has the option of initiating a special assessment against the property owners of the Estuary Project site in order to pay for the future maintenance of requirements of the mitigation area. If you have any questions please call. Attachments cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Paul Dorling, Principal Planner I1~' I1---F'~PRO~ECT~~ / X ' ~-i='--~ -~ ~o~~oo '~1 I ~ i ~ N , OFF-SIll MIIIGAIIO~ CITY OF OELRAY BEACH, rLr PLANNIN~ ~ ZONING DEP~RI~[NT -- OlCI~L ~SE MAP E~T~'~ -- ~ REF: LMtSO DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this day of ,19 ,by the City of Delray Beach, whose address is 100 N.W. 1st Avenue, Delray Beach, Florida, ("Grantoff) to the South Florida Water Management District ("Grantee"). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Palm Beach County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ("Property"); and WHEREAS, *.h~_ Gr~.-.*.cr d~__~!r~_"_ *._-' c-'_.".~_tr'-c*. Delray Estuaries, L.C., desires to construct the Estuary Project at a site in Palm Beach County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District"); and WHEREAS, District Permit No. ("Permit") authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands under the District's jurisdiction; and WHEREAS, the-Grar~e¢ Delray Estuaries, L.C. has developed and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1995), over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run I o1'5 with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope., nature, and character of this conservation easement shall be as follows: 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions requi[od by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the permit, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or 2 of 5 other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement. 4. Reservation of Riparian Rights. The following rights are specifically reserved to the Grantor, its heirs, successors and assigns: a. To the extent provided by law, Grantor reserves all riparian rights which are consistent with the purpose of this statutory conservation easement. Notwithstanding, the Grantor specifically reserves the right to conduct limiting vegetation removal and clearing for the purpose of constructing boat docks and adjoining boardwalks. Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or buffer areas withir~ the Conservation Easement Area. This reservation does not release the Grantor from the duty of obtaining any necessary federal, state or local government permit authorizations or sovereign land approvals for construction of the docks or boardwalks. b. Plans for the construction of boardwalks to a boat dock shall be reviewed and approved by the Grantee prior to any construction. c. Since there are navigable waters immediately adjacent to the conservation area, boats and other similar surface uses are permissible within the navigable areas of the conservation area. 3 ()1' 5 5. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 6. Grantee shall not be responsible for any costs or liabilities related to the operation, upkee'p or maintenance of the Property. 7. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 8. Any' costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the nonprevailing party in such proceedings. 9. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 10. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 11. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 12. All r~otices, consents, approvals or other communications hereunder shall be in writing and sha~l be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 13. Thi,.~ conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in Palm Beach County. 14. This conservation easement is given subject to; receipt by the Grantor from the Nature Conservancy and Palm Beach County of a signed notice stating that this conservation easement is not inconsistent with the existing deed restrictions on the 4 of 5 property; an agreement approved and executed by the City and Delray Estuaries, L.C. concerning the initial restoration and future maintenance of the property.. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this conservation easement; that Grantor .has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, has hereunto set its authorized hand this day of 199__. ATTEST: CITY OF DELRAY BEACH, By: City Clerk Mayor, Jay Alperin Approved as to legal form: By: City Attorney 5 o1'5 EXHIBIT "A" ALL OF LOTS, B, C, D, AND E, ALL BEING IN KENMONT, A ~UBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PLAT BOOK 20, PAGE 65; TOGETHER WITH ANY RIPARIAN AND/OR LITTORAL RIGHTS PERTAINING THERETO. This document prepared by: Irene Kennedy Quincey 4524 Gun Club Road Suite 203 West Palm Beach, Fl., 33415 (561) 471-1366 AGREEMENT FOR RESTORATION/MITIGATION , . AT DELRAY PARKSITE This Agreement is entered into this ~ day of ~, 1999 between the City of Delray Beach ("City") 100 NW 1st Avenue, Delray Beach, Florida, 33444 and Delray Estuaries, L.C., A Florida Limited Liability Company ("Delray Estuary"), whose address is 832 South Military Trail, Deerfield Beach, Florida, 33442. YVITNESSETH WHEREAS, Delray Estuary desires to provide restoration/mitigation activities on a parcel of conservation property owned by the City and described in Exhibit "A", (Parksite), attached hereto and made a part hereof in accordance with the terms of this Agreement; and WHEREAS, Delray Estuary shall restore the Parksite area and maintain it for a minimum 5 year period, unless the South Florida Water Management District (SFWMD) fails to issue a Notice of Compliance within that 5 year period, then Delray Estuary shall maintain the Parksite until such Notice of Compliance is received by SFWMD; and WHEREAS, the City shall be responsible for the maintenance of the Parksite after the minimum 5 year period or until receipt of the Notice of Compliance from SFWMD, whichever occurs later; and WHEREAS, the City shall be compensated for the projected future maintenance cost of the Parksite by either l~nds received from Delray Estuary or the City may, in its sole discretion, enact a special assessment to be levied on Delray Estuary Project property owners. Special Assessments, if imposed, shall be, in addition to any costs Delray Estuary pays for the restoration and maintenance of the Parksite during the initial 5 year period; and WHEREAS, Delray Estuary shall pay to the City a sum of $3,001.43 on an annual basis for a ten year period for the future maintenance of the Parksite as provided by the amortization schedule attached hereto as Exhibit "B". The first annual payment shall be due within ten (10) days of issuance of the SFWMD Environmental Resource Permit for construction and the U.S. Army Corps of Engineers permit. The remaining annual payments shall be due no later than May 1 of each year thereafter. 1 of 7 WHEREAS, the City, at some point in the future, may wish to specially assess the property owners of the D¢lray Estuary Project for the maintenance cost of the Parksite. If the City initiates a special assessment on Estuary property owners, Delray Estuary shall no longer be required to pay the annual fee of $3,001.43 to the City provided that nothing herein contained shall relieve Delray Estuary of its duty to maintain the Parksite for a minimum of five years or until a notice of compliance is received from SFWMD, whichever occurs later; and WHEREAS, if the City initiates a special assessment, the funds contributed by Delray Estuary up to the time of imposition of the special assessment shall be used to offset the special assessment amounts owed by Estuary property owners; and WHEREAS, the City desires to participate with Delray Estuary in the restoration of the Parksite as further set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual benefits flowing one to another and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows: The Parties hereby represent and wan'ant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. A. Delray Estuary responsibilities: 1. Delray Estuary will remove the exotic and nuisance vegetation on the Parksite and restore the Parksite in accordance with the restoration/mitigation plan, attached hereto as Exhibit "C". 2. Delray Estuary will monitor and maintain the Parksite free from exotic vegetation in accordance with the SFWMD permit, as described in Exhibit "C", for a period of five years from the effective date of this Agreement or until the SFWMD issues a "Notice of Compliance", whichever is later. However, the minimum time period that Delray Estuary shall maintain the property shall be for five years. Delray Estuary's duty to maintain during this period shall not be negated by the imposition of a special assessment. 3. Delray Estuary shall be responsible for a fixed annual payment of $3,001.43 for a period of ten years to the City. Each annual payment shall be due on May 1 of each year. This payment shall be to maintain the Parksite free from exotic vegetation and to otherwise maintain the Parksite in the future as permitted by the SFWMD pursuant to application number 970530-8. If at any time Delray Estuary fails to make an annual payment within 30 days of Ma~ 1, the City may declare Delray Estuary in breach of this paragraph and deem that all remaining annual payments are due and must be paid within 30 days of receiving written notice from the City requesting such payment. The remaining obligations of the Parties under this Agreement remain unchanged. Delray Estuaries shall post a bond to 2 of 7 support the annual payment, which bond may be reduced as each annual payment is paid to the City. Prepayment of this Agreement may be made at any time without penalty, in accordance: with Exhibit "B". 4. Deh'ay Estuary is on notice that at some point in time the City may wish to initiate a special assessment for the future maintenance requirements of the Parksite. Delray Estuary shall inform all persons or entities that purchase lots on the Delray Estuary Project that a special assessment might be initiated by the City at some point in the future in order to provide maintenance for the Parksite. If the City initiates a special assessment in order to maintain the Parksite, then Delray Estuary shall not be required to make any further annual payments of $3,001.43 to the City after the special assessment is in effect. 5. Delray Estuary shall be responsible for any damage to the Parksite caused by the mitigation activity as defined in Exhibit "C", or reasonable related thereto. B. City Responsibilities 1. The City consents and agrees to the restoration/mitigation activities as described in Exhibit "C" to be conducted on the Parksite. The City acknowledges that there may be changes in the mitigation plan required by the permitting agencies or otherwise necessitated due to construction techniques. The City agrees that any subsequent approvals of the mitigation plan shall not be unreasonably withheld. 2. The City consents to the application for and receipt of a permit for the perpetual operation and maintenance of the restoration/mitigation activities, in accordance with the requirements and conditions of the SFWMD. 3. Thc! City will cxccutc thc Right ol' Entry attached as Exhibit "D' which Right o1' Entry may be liled in thc Public Records of Pahn Beach County. 4. Until Delray Estuary completes thc restoratitm/mitiffafion plan, the City ,'grees not lo utilize the Pm'ksitc in a m~umcr to interl~rc with thc restorations/mitigation activities. 5. [Jpc,n succcsslifl completion o1' the restoration/mitigation pimp, as determined by the SIWVMD, the City shall assumc the responsibility Ibr the perpetual maintenm~cc o[ the Parksitc as requircd by the SFWMD, but, in no cvcn! shall the City assume the m,'finteu,'mce o[ Iht Parksite prior to thc initial live year period. C. GENERAL TERMS AND CONDITIONS 1. Effective date. This Agreement shall be effective upon the date of execution by the City. 3 of 7 2. Nolice. All notices and other communication shall be in writing, including facsimile transmissic, n and shall be provided as follows: For the City; David Harden, City Manager City of Delray Beach 100 N.W. 1st Ave. Delray Beach, FL 33444 For Delray Estuary; Scott Porten, President 832 South Military Trail Deerfield Beach, FL, 33442 954-422-1883 Fax: 954-422-1887 3. Headings. The headings in this Agreement are for the convenience of reference only and are not to be considered a part of this Agreement. The headings shall not limit or otherwise affect the meaning or interpretation of this Agreement. 4. Severability. If any provision of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder shall not be invalidated and shall be given full force and effect so far as possible. If any provision of the Agreement may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. . 5. Third Parties. Unless expressly stated herein to the contrary, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of the Agreement on any persons other than the parties and their respective legal representatives, successors and permitted assigns. Nothing in the Agreement is intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any fight of subrogation or action over or against any party to this Agreement. 6. Jtu'isdiction and Venue. The parties (1) agree that any suit, action or legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States, Southern District of Florida; (2) consents to the jurisdiction of each such court in any suit, action or proceeding; (3) waives any objection which it may have to the laying of venue of any such suit, action or proceeding any of such courts. 4 of 7 7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed original, but all of which together shall constitute one and the same instrument. 8. Governing Law. This Agreement and all transactions contemplated by this Agreement shall be governed by, construed, and enforced in accordance with the internal laws of the State of Florida without regard to principles of conflicts of laws. 9. Interpretation. This Agreement shall be interpreted without regard to any presumption or other rule requiring interpretation against the party causing this Agreement or any part thereof to be drafted. 10. Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by the parties shall control all printed provisions in conflict therewith. 11. Suc:essors in Interest. This Agreement shall be legally binding upon the parties hereto and their heirs, legal representatives, successors and assigns. 12. Entire Agreement. This Agreement contains the entire Agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous Agreements, representations and understandings of the parties. No Agreements, or representations, unless incorporated in this Agreement shall be binding upon any of the parties. No modification or change in the Agreement shall be valid or binding upon the parties unless in writing and executed by the parties. 13. Termination. This Agreement shall terminate upon Delray Estuary making final payment to/he City of the amounts due under this Agreement. However, in no event shall this Agreement terminate prior to the initial 5 year period or prior to the SFWMD issuing a Notice of Compliance if such notice is not issued in the initial 5 year period, provided however, the portion of this Agreement concerning payment of funds by Delray Estuary for future maintenance of the Parksite (not including the 5 year minimum period or until issuance of a Notice of Compliance, whichever occurs later) shall terminate if the City approves by ordinance or resolution a special assessment for the purpose of future maintenance of the Parksite on Estuary property owners. All other provisions of this Agreement shall continue in full force and effect. Upon termination all parties shall be released from any further obligations of each to the other. Said release shall not affect the obligation which either party may have to any governmental agency by reason of issuance of said permits or Agreements. 14. Condition Precedent. This Agreement is conditioned upon Delray Estuary receiving all necessmy permits for the Delray Estuary Project and is conditioned upon the City receiving the permit from the SFWMD. 5 of 7 15. This Agreement is subject to receipt by the City from the Nature Conservancy and Palm Beach County of a signed notice stating that the restoration and mitigation on the Delray Parksite is not in violation of their deed restrictions on the parcel. 16. If Delray Estuary fails to comply with Section 2.4.4 of the Land Development Regulations of the City and if an Agreement to extend the time frames is not granted by the City, then the City may make a claim upon the bond or equivalent security provided to the South Florida Water Management District to assure performance of the mitigation on the Parksite. In the event that the South Florida Water Management District fails to agree the City can draw on the bond, or equivalent security, Delray Estuary shall provide a bond or equivalent security in the amount of 110% of the cost of the mitigation of the Property based on the mitigation plan provided to the South Florida Water Management District. Such bond shall restrict the City from drawing upon it in the event that the SFWMD draws upon the security p~ovided to guarantee performance under the mitigation plan. The City shall release said bond in full upon receipt of the Notice of Compliance from the SFWMD for the Parksite as permitted pursuant to application number 970530-8. Receipt of the Notice of Compliance shall be the sole condition for the release of said bond. The bond or equivalent security shall be provided to the City prior to commencement of construction. If however, Delray Estuary does not commence construction on the Estuary site, within 18 months after site plan approval, and has failed to obtain an extension of time within 18 months, then the City shall have the unilateral right to withdraw from this Agreement. 17. Ti~e parties and signatories hereto warrant they have the authority to enter into this Agreement. WHEREFORE, this Agreement shall be effective when executed by the parties. WITNESSES: DELRAY ESTUARY, L.C. By: Print: Scott Porten, President Print: STATE OF COUNTY OF On this , day of ., 199 before me, the undersigned notary public, personally appeared , personally known to me to be the person who subscribed to the foregoing instrument and did not take an oath, as the (position) ,of (corporation) 6 of 7 and acknowledged that (s)he executed the same on behalf of said corporation and that (s)he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Print Name: My Commission Expires: ATTEST: CITY OF DELRAY BEACH By: By:. City Clerk Mayor, Jay Alperin Approved as to form: By: City Attorney Exhibit "A" Description of the Parksite Exhibit "B" Amortization Table Exhibit "C" Restoration/Mitigation Plan Exhibit "D" Right of Entry Agreement 7 of 7 EXHIBIT "A" ALL OF LOTS, B, C, D, AND E, ALL BEING IN KENMONT, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE DF THE CLERK OF THE CIRCUIT COURT 1N AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PLAT BOOK 20, PAGE 65; TOGETHER WITH ANY RIPARIAN AND/OR LITTORAL RIGHTS PERTAINING THERETO. EXHIBIT "B" SCHEDULE RELATIVE TO CITY OWNED MITIGATION AREA FOR ESTUARY DEVELOPMENT ......... DEVELOPER LOAN .......... FILE: ESTUARY 6 YEAR BE~INNIN~ LOAN PRINCIPAL INTER~ST ANN~AL MAINTENANCE ENDING BALANCE BALANCE AT PAYMENT W/INFLATION BALANCE 8% 1.03 0.00 18,749.60 1,501.46 1,499.97 3,001.43 3 001.43 1 1999 3,001.43 17,248.14 1,621.58 1,379.85 3,001.43 6 002.86 2 2000 6,002.86 15,626.56 1,751.31 1,250.12 3,001.43 9 004.29 3 2001 9,004.29 13,875.25 1,891.41 1,110.02 3,001.43 12 005.72 4 2002 12.005.72 11,983.84 2,042.72 958.71 3,001.43 1,000.00 14 007.15 5 2003 14 007 15 9,941.12 2,206.14 795.29 3,001.43 1,030.00 15 978.58 6 2004 15 978 58 7,734.98 2,382.63 618.80 3,001.43 1,060.90 17 919.11 7 2005 17 919 11 5,352.35 2,573.24 428.19 3,001.43 1,092.73 19 827.81 8 2006 19 827 81 2,779.11 2,779.10 222.33 3,001.43 1,125.51 21.703.73 9 2007 21 703 73 0.01 3,001.43 0.00 3,001.43 1,159.27 23.545.89 10 2008 23 545 89 1 883.67 1,194.05 24.235.51 11 2009 24 235 51 i 938.84 1,229 87 24.944.48 12 2010 24 944 48 I 995.56 1,266 77 25 673.26 13 2011 25 673 26 2 053.86 1,304 77 26 422.35 14 2012 26 422.35 2 113.79 1,343 92 27 192 22 15 2013 27 192.22 2 175.38 1,384 23 27 983 37 16 2014 27 983.37 2 238.67 1,425 76 28 796 28 17 2015 28 796.28 2303.70 1,468 53 29 631 44 18 2016 29 631.44 2 370.52 1,512 59 30 489 37 19 2017 30 489.37 2 439.15 1 557 97 31 370 55 20 2018 31 370.55 2,509.64 1 604.71 32 275 49 21 2019 32 275.49 2,582.04 1 652.85 33 204 68 22 2020 33 204.68 2,656.37 1 702.43 34 158 62 23 2021 34 158.62 2,732.69 1 753.51 35 137 81 24 2022 35 137.81 2,811.02 i 806.11 36 142 72 25 2023 36 142.72 2,891.42 1 860.29 37 173 84 26 2024 37 173.84 2,973.91 1,916.10 38 231.65 27 2025 38 231.65 3,058.53 1,973.59 39 316.59 28 2026 39 316.59 3,145.33 2,032.79 40 429.13 29 2027 40 429.13 3,234 33 2,093.78 41 569.68 30 2028 41 569.68 3,325 57 2,156.59 42 738.66 31 2029 42738.66 3,419 09 2,221.29 43 936.47 32 2030 43936.47 3,514 92 2,287.93 45 163.45 33 2031 45 163.45 3,613 08 2,356.57 46 419.97 34 2032 46419.97 3,713 60 2,427.26 47 706.30 35 2033 47.706.30 3,816 50 2,500.08 49 022.72 36 2034 49.022.72 3,921 82 2,575.08 50 369.46 37 2035 50.369.46 4,029 56 2,652.34 51 746.68 38 2036 51.746.68 4,139 73 2,731.91 53.154.51 39 2037 53.154.51 4,252 36 2,813.86 54 593.01 40 2038 54.593.01 4,367.44 2,898.28 56.062.17 41 2039 56 062.17 4,484.97 2,985.23 57.561.92 42 2040 57 561.92 4,604.95 3,074.78 59.092.09 43 2041 59.092.09 4,727.37 3,167.03 60 652.43 44 2042 60 652.43 4,852.19 3,262.04 62 242.58 45 2043 62 242.58 4,979.41 3,359.90 63 862.09 46 2044 63.862.09 5,108.97 3,460.70 65 510 36 47 2045 65.510.36 5,240.83 3,564.52 67 186 68 48 2046 67.186.68 5,374.93 3,671.45 68 890 16 49 2047 68.890.16 5,511.21 3,781.60 70 619 77 50 2048 70.619.77 5,649.58 3,895.04 72 374 31 51 2049 72374.31 5,789.95 4,011.90 74 152 36 52 2050 74.152.36 5,932.19 4,132.25 75 952 30 53 2051 75.952.30 6,076.18 4,256.22 77 772 26 54 2052 77 772.26 6,221.78 4,383.91 79 610 14 55 2053 79 610.14 6,368.81 4,515.42 81 463 53 56 2054 81463.53 6,517.08 4,650.89 83 329 72 57 2055 83 329.72 6,666.38 4,790.41 85 205 69 58 2056 85 205.69 6,816.46 4,934.12 87 088 02 59 2057 87 088.02 6,967.04 5,082.15 88 972 91 60 2058 88 972.91 7,117.83 5,234.61 90 856 13 61 2059 90 856.13 7,268.49 5,391.65 92 732 97 62 2060 92732.97 7,418.64 5,553.40 94 598 21 63 2061 94 598.21 7,567.86 5,720.00 96 446 06 64 2062 96 446.06 7,715.68 5,891.60 98 270 14 65 2063 98 270.14 7,861.61 6,068.35 100 063 40 66 2064 100 063.40 8,005.07 6,250.40 101 818 08 67 2065 101 818.08 8,145.45 6,437.91 103 525 61 68 2066 103 525.61 8,282.05 6,631.05 105 176 60 69 2067 105 176.60 8,414.13 6,829.98 106 760 75 70 2067 106 760.75 8,540.86 7,034.88 108,266 73 71 2069 108 266.73 8,661.34 7,245.93 109,682 14 72 2070 109 682.14 8,774.57 7,463.31 110,993 40 73 2071 110 993.40 8,879.47 7,687.21 112,185 67 74 2072 112 185.67 8,974.85 7,917.82 113,242 70 75 2073 113242.70 9,059.42 8,155.36 114,146 76 76 2074 114 146.76 9,131.74 8,400.02 114,878 48 77 2075 114 878.48 9,190.28 8,652.02 115,416 74 78 2076 115,416.74 9,233.34 8,911.58 115,738 51 79 2077 115 738.51 9,259.08 9,178.93 115 818 66 80 2078 115 818.66 9,265.49 9,454.29 115 629 86 81 2079 115629.86 9,250.39 9,737.92 115 142 33 82 2080 115 142.33 9,211.39 10,030.06 114 323 65 83 2081 114 323.65 9,145.89 10,330.96 113 138 58 84 2082 113 138.58 9,051.09 10,640.89 111 548 78 85 2083 111 548.78 8,923.90 10,960.12 109 512 56 86 2084 109 512.56 8,761.01 11,288.92 106 984 65 87 2085 106 984.65 8,558.77 11 627.59 103 915 83 88 2086 103 915.83 8,313.27 11 976.42 100 252 68 89 2087 100 252.68 8,020.21 12 335.71 95 937 19 90 2088 95 937.19 7,674.98 12 705.78 90 906 38 91 2089 90906.38 7,272.51 13 086.95 85 091 94 92 2090 85 091.94 6,807.36 13 479.56 78 419 74 93 2091 78 419.74 6,273.58 13 883.95 70 809 37 94 2092 70 809.37 5,664.75 14 300.47 62 173 65 95 2093 62 173.65 4,973.89 14 729.48 52 418 06 96 2094 52 418.06 4,193.44 15 171.37 41 440 14 97 2095 41 440.14 3,315.21 15 626.51 29 128 84 98 2096 29 128.84 2,330.31 16 095.30 15 363 85 99 2097 15 363.85 1,229.11 16 578.16 14 79 lION PLAN t ARt<,SI 1 [{, OFF-SIIE--MITIGATION I~Ri!JI~.4RI?,I) FOR PORTEN COMPANIES (;I~A1)ING PI,AN AND MON1TORIN('; LOCATIONS ~, Ii. J~ ~"U/-q¥.. ~1o. 'l'lb,J r. ~/IU EXHIBIT "D" This document prepared, by: Imnc Kennedy Quin¢cy 4524 (3un Club Road Suite 203 W=st Palm Beech, FL 33415 (560 471-1366 Draft for discussion pu~oses only. February 10, 1999 RIGHT OF ENTRY AGREEMENT This AGREEMENT is entered into this _ _ day of____, 1999 between thc City of Delray Beach, Florida, ("City"), whose address is 200 N,W. 1st Avenue, DeL-ay Beach, Florida, 33444 Delray Estuary L,C., A Florida Limited Liability Company ("Delray Estuary"), whose ad&ess is $32 South Military Trail, Deerfield Beach, Florida, 33442, WITNESSETH WHEREAS, the City and Delray Estuary have entered into an agreement for the completion of certain activities on Property controlled by the City, as later described herein; and WHEREAS, to complete said activities, Delray Estuary must be provided the fight to enter the Property and coml~te said activities; NOW THEREFORE, in consideration of the benefits flowing each to the other, together with other good and valuable consideration, the adequacy of which is hereby acknowledged, the City g~ants Delray Estuary, its representatives and agents, contractors and subconllactors, an unrestricted right ~.nd privilege to enter upon the property described in Exhibit "A" (Property) to conduct mitigation activities as authorized by the South Florida Water Management District. The right cf entry may be filed in the public r~cords of Palm Beach County. The effec'tivc date of this right of entry shall be the date of execution by the City. WHEREFORE, The Parties have executed this AGREEMENT on the date(s) set forth below. Delray Estuary, L.C. Print: Print: By.' 0 me) 1 of 3 02711/99 THU 17:07 [TX/RX NO 54131 STATE OF ) SS** County OF On this day of ,199.___. before me, the undersigned notary public, personally appeared , personally known to mc to be the person who subscribed to the foregoing instrument and did not take au oath, as thc (position) ,of (corporation) ,.. , and acknowledged that (s)he executed the same on behalf of said corporation and that (s)he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Print Name: My Commission E,~:pires: IN WITNESS WHEREOF, has hereunto set it~ authorized hand this day of 199~. ATTEST: CITY OF DELRAY BEACH BY ITS CITY COMMISSIONERS CLERK BY' ~_.-__ BY: APPROVED AS TO FOKM AND LEGAL SUFFICIENCY BY' City ATTOKNEY 2 of 3 02/11/99 THU 17:07 [TX/RX NO 5413] STATE OF ) SS: City OF On this day of ,199 before mc, the umiersigned notary public, personally appeared , personally known to me to be thc person who subscribed to the foregoing instrument and did not take an oath, as the (position) ,, ,of (corporation) , ,.. , and acknowledged that (s)he cxecutcd the same on behalf of said corporation and that (s)hc was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Print Name: My Commission Expires: 3 of 3 02/11/99 THU 17:07 [TX/RX NO 5413] .... TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING~~' SUBJECT: MEETING OF APRIL 6, 1999 ***CONSENT AGENDA*** COMPREHENSIVE FACILITY ASSESSMENT - RANKING FOR ATLANTIC HIGH SCHOOL MODERNIZATION FUNDING The Palm Beach County School District's 5 Year Plan recommended an evaluation of schools 35 years of age or older to determine if modernization and/or replacement is necessary to deliver the educational programs established for the 21st century. This evaluation has been completed for the 5 high schools that fell into this category (Atlantic, Jupiter, Forest Hill, Boca Raton, and John I. Leonard). The comprehensive assessment ranked Jupiter and Forest Hill as the first group in the most need of modernization with the other three schools in the second group. While funding is available to modernize all five high schools, only one school will be funded each year for the next five consecutive years. The assessment study for Atlantic High School recommends that the modernization be phased while maintaining occupancy and that all the buildings be replaced except for the auditorium. The Education Board discussed the assessment study at its meeting of March 15, 1999 with Carole Shetler, Principal of Atlantic High School. Ms. Shelter indicated that while the assessment study ranked the schools based on facility needs, the Palm Beach County School Board would make the ultimate decision. In order for Atlantic High School to maintain occupancy during construction, Boynton Beach High School needs to be open to absorb some of the student population. Based on this need, Ms. Shetler felt that it was realistic to rank Atlantic High School second or third for funding. The Education Board voted unanimously to recommend that the City Commission support a ranking of second or third for modernization funding for Atlantic High School. This ranking is based on the need to relocate some of its population to the new Boynton Beach High School, in order to maintain occupancy during reconstruction. By motion, forward the Education Board's recommendation to the Palm Beach County School Board. Attachments: Feasibility Report Executive Summary for Atlantic High School 3-~1-~999 2:2E)PM FROM PLANNING AND REAL ES 561 434 8187 P. 2 EXECU'TIVE SUMMARY The School Ois~Gt of Palm Beach County (SDPBC) deternlined that Atlantic, Boca Raton, Forest Hill, John I. Leonard and Jupite¢ Community High Schools required a comprehensive assessment to determine if modernization and/or replacement is necessary to deliver the educational programs established for the 21~ centu~/. After assessing ~e infrastructure and educational adequacy of each high school, this assessmen[ concludes that all five high schools require modemi~.ation and/or replacement. This assessment is intended to provide the SDPBC, Board of Education staff and future project architects with data.to assist in the devek3pment of fu[ure plans for each high school and quantitative data to support budget and planning decisions necessary for im~ovements and/or replacemenl of exislJng facilities. Nationally known experts using proven and accepted standards conducted these assessments. Vanderweil Facility Advisors (VT'A) provided the infrastructure assessment and DeJong & Associates provided the educational adequacy studies. Johnson, Levinson, Slider, Davila provided an ovewiev~ of electrical and mechanical assessments, Song + Associates has compiled the data and submits herein the facility condition and educational adequacy summaries with recommendations for each high school. RANKING OF SCHOOLS The ranking of the five sci3ools by order of need for replacement and/or modernization was calculated by giving equal weight to the Educational Adequacy Index (F_AI) and the Facility Condition Index (FCl) of each facility. Because all of the facilities are in need of replacement and/or rnodem~ation and the .total indexes are $o close, two ranking categories were assigned instead of f'we: lA Jupiter High 5choot .86t lB Forest Hill High School ,860 2A BoCa Raton High School .743 2B Atlantic High School .743 2C John I Leonard High School .741 As the chart shows, both Jupiter Community and Forest Hill High ,~hools are the two schools that the index recommencls as being I~e first 9roup for modernization and/or replacement. Son~ + As~oei=es Te~ Page ! 3-01-1999 2:21PH FROM PLANNING AND REA'.,.. ES 561 434, 818'7 P. 3 erojectNo. ;~C~O06~ EXECUTIVE S U M Af A R Y Similarly, Boca Raton, Atlantic and John I. Leonard am in the second group. Note that Boca Raton and Forest Hill have the same numerical rating on me ~art. There is a numerical difference, but it is not shown on the chat1 due to rounding of numbers. Since all five high schools are in need of modernization or replacement, the availability of student relocation during the construction, additional site acquisition and other factors should be considered by the district before l~nal ranking o~ler is established. The following explains how the Total Index was calculated front the Facility Condition Index (FCI) and the Educational Adequacy Index (EAI): Jupiter C~unity H.$ Fo~e~t Hill H,S. Fa~t Hill H,$. John I. Leonard H.$. Atl,atic H.$. Boca Raton H,S, Boca Rat, on Atlantic H.S. John L Leonard H.$. Jupiter Community H.& .861 Forest Hill H.$. Atlantic H.$ ,743 8o~a R~on H.$. .?43 John I. Leonard II.S, ,741 Team Page 2 3-81-1999 2:21PN FROM PLANNING AND REAL ES B61 43& 8187 EXECUTIVE SUMMARY FACILITY CONDITION INDEX The Facilib/Condition Index (FCI) is a measure of the physical health of a facility. It measures a facilities' physical condition (current deficiencies) compared to its total replacement value. FCI is a standa~ measure, usecl throughout the industry and is recommended by both [he National Association of College and Univemil;y Susirless Officers (NACUBO) and the Association of Higher Education Facility Officers (APP&}. . . A nationally recognized school assessment firm performed pl~ysica! site evaluations, Vander~eil Facility Advisors (VFA). The VFA survey team (an architect, mechanical engineer and an etectrfca~ engineer) toured and evaluated each of ~ buildings included in ~his assessment. District staff from the area maintenance and facilities management departments met with the survey team to detail problems with existing building systems as well as any useful information regarding the conclition of the respective systems. The numerical FCI was calculated for each high school by dividing the deficiencies identified in a · . facility into the replacement value ef that facility. The findings for each school are presented below (Note: .000 would denote no measurable deficiencies). Complete deficiency de[ails with associated costs are provided in each high school's respective section of this report. Fores~ Hill 17,271,100 5,278,281 ,364 Jupiter Community 30,430,620 11,072,486 .354 AUantic 22,299,090 7,450,232 ,334 Boca Ratort 21,827,190 7,087,629 325 John I. Leonard 23,141,470 7,031,382 .304 Team Page 3-91-1999 2:21PH F~OH PLANNING AND REAL ES 561 434. 8187 $UMMA R Y EXECUTIVE EDUCATIONAL ADEQUACY IND~ The E~u~tional ~u~ Index (~) h~S ~n ~l~e~ by equally weight~ indus: D~cien~es, Adja~ncies, and ~fe~/S~r~. D~ciencies - Edu~fional ad~u~y defioencies are i~ues ~at a~ a bui~ing's ad~uacy to su~ff ~u~fional pr~mm Qelive~, The~ ~ude ~ms su~ as ~ quant~y and size, ~o~, ~al~ma~ a~ ~ck su~ces, wind~ ~e~en~, t~hing s~o~s and nu~rous o~er i~s. In ~ a~sment, ~ch ~h~l's ~u~t~nal a~ua~ was ~mp~ D ~e H~h ~1 ~u~n S~on M~el ~e ~M for were ~enfifi~ devilries therefore valu~ usi~ ~e m~el ~oi mp~nt ~e. Adja~nci~ - This index ~r~ ~e ~r of efisti~ ~j~n~ for ea~ ~mpus ~th an ideal ~t of p~mm adj~ci~. Dudng ~ ~ ~i~, ~mm~s ~ ~1 ~nistmt~, ~mn~ and ~ established ~e ideal program ama adja~ci~. D~mns from the ~eai adj~n~ were quan~ ~r each ~mpus to dete~ine ~e ~ncy in~x for ~ch Safe~ a~ S~u~ - Ea~ ~mpus wes evaluated to d~ine ~e numar of defide~ or ~on- ~mpliant ~dit~s to es~sh~ ~fe~ and ~ s~nd~d~ I~ues that were include a~ss ~, n~ral suweillan~, ~fli~ red.on a~ ~a~ The national r~n~ ~u~onal planning ~ns~ting fi~, D~ong & As~ciates, ~weyed the ~ls to dateline daffiest ~n~itions as~at~ ~ ~ ~u~t~nal ad~uacy iss~s. The fi~i~s, for each s~ool am ~e~nt~ ~w ~h ~mplete ~umen~[ion ~d summaries pm~d~ in ~cb sch~ls r~e ~ in ~is Jupi~ ~mmuni~ .23 .~ .~ .497 Fore~ H~I .45 .70 .~ .4~ John I. L~nard ,30 .70 ~ 31 ,436 , AUantic ,,, .3z ~, ,~ .31 ~ .409 ~n8 + ~i~ T~ Pag~ 3-91-1999 2:22PM FP, OM PLANNING AND REAL ES 561 434 818'7 P. ~¢¢~ ~o. ~C.006~ E X E C U TI V E S U ~ M A R Y O~ER CONSIDE~TIONS The FCt a~ E~ d~s not ~ke into cons~eration o~er ~o~ that ~uld aff~t ~e di~ct's ~ision fo~ ~e final ~nk~g order for m~emizafion and/o~ replacement of ~ch of the five high ~h~Is. Other ~side~s in~ude such ~ors as see defciendes, ~paci~ ~te in~u~es ~d a~i~bil~ of tem~ra~ ~cilities. ~e cha~ ~low ~m~res the m~ high ~h~l to ~e ~e ~ls in te~ of s~d~t ~pa~ and site Mo~el High School Compa~ Mo~l HS ~) 50 fl) 245,141 25~ ~ ;~) ........... At~nfic HS 32 176,557 1747 ~ 2527 Fore~ Hill Hi 23 130,~4 1594 127 1593 John I L~na~ HS 40 173,595 1~3 729 2821 Jupiter Com. HS (e) .48 2401~2 2528 0 1697 (I~ $~e R~ui~ f~ E~o~ F~s (3~ 97). ~ ~ ~ ~) F~E . ~ 1998 F~ I~ ~ ~a T~ ~ s~ ~ ~ ~et~ ~/ex~ (3) SDPBC ~1~9 . ~ Pi~ Ye~ ~ Pfen ~ FYfg~ ~tM B~C Ju~ 19~ (5) SDPBC t~849 ~ ~ ~ ~ ~ ~S * ~s~ Te~ Pa~e 3-01-I 999 2;23PM F'~OH PLANNING AND REAL ES 561 434 8187 P. Th~ m~o ot current ~rollmenl to p~rmanen[ ~ci~ for eeC facili~ Sch~l ~u~nt ~ppac~ Atlantic High School 45% over ~pacity H~h ~h~l ~% over ~paci~ John i Leonard For~t Hill Hig~ School ~ cu~ent ~ Raton Hig~ School ~ under ~aci~ Jupiter Communi~ High ~ool ~ % un~r All five high ~ools am ~er ~e ~omme~ acm~ (50 ~res) ~uire~ ~ meet SDPBC guid~ines site r~uimmen~. SREF ~ommends 36 ~s. and Soh~l ,. SDPBC R~uimmen~ SREF R~uiremen~ JuDi~r Communi~ High School - 2 a~ + 12 acres Fo~t Hi~ H~h ~1 - 27 a~es - 13 AUantic High $~l - 18 ~es - 4 a~es ~ Raton High ~h~i - 20 acres - 6 a~es John I ~nard H~ Sc~l - 10 a~es + 4 acres assessment teams identified additional site det'~encies that were not included in the FCI or The EAI. Details on these deficiencies are inctuded in each high school section (see Site Deficiencies Summary in each individual 'school section). Examples of these deficiencies include playfields, ball courts, tracks, site clrainage, and fencing. The following ere the estimated cost assc~ciated with the site deficiencies allocated by s~ho01: ~_c_b_ooi Additional Site,,,Deflciencie~ Jupiter Community High School $1,$90,610 Forest Hill High ~.hOOl $1,388,422 High School $1,229,131 AOantic Boca Raton High S~hool $1,044,720 John 1, Leonard High School $1,029,109 Stag* ~iates Team Page 6 3-EY~-1999 2;23~H FROM PLAHNING AND RE,~L ES S61 43~ 8187 P. 8 P~j~m. ~ E X E C U ri V E I Da~ pre~nt~ in this re~ has ~n ~l~t~ to m~t ~ g~ls of the ~hool Ois~ of Palm ~h ~un~ for ~e pmj~t entifl~ ~pmhen~ve FaciiEy Asses~ent of F~e High 8~ls - Pmj~ No. 9~-0~5. The c~ent con~i~on of each sch~l w~ assess~ and defi~en~es id~tifi~ w~in ~ cat~es. Physical CondEion ~d Ed~ational Ad~ua~, C~ts a~iated for t~ ~r~ion of deficiencies ha~ b~ indiv~uaily d~d but may not reprint ali ~ as~ated ~ ~e ptoj~t to renovate, mmodet, mpla~, ~ s~e, or ~ as~at~ ~ idenfifi~ aeficie~i~. For ~is ma~n, da~ sh~ld remain ~thin the ~n~ of r~ff (refer to Me~ol~y $~ion 2 of ~is I I I I I I I I I 3-01-~999 2:23PH FROH PLANNING AND REAL ES 661 ~B~ 8187 EXECUTIVE SUMMARY Recommendation Guidelines The recommendations for modernization and/or replacement for each of the Schools uses the following guidelines: A. Flood Plan Requirements - SREF 5.3 (2) (e) states: "Remodeled o~ renovated projects are exempt from these requirements if the cost of all improvements does not exceed 50% of the Fair Manet Value of the existing faciiity pdor to the proposed improvements and the improvements are not essentially safety to life in nature." For ~e purpose of these recommendations, it is assumed that the total im~ovements at each facility exceeds the 50% Fair Market Value of the existing facility, Recommended Acreage - (SREF 1,4(4) (c) states: B. Usable 'Minimum recommended usable acreage necessary to meet the need of the anticipated program for a senior high school of 2,500 student capacity is 36 acres." The SDPBC endorsed site acreage for high schools is 50 acres (assuming a single-story design). For the purl:)OSe of these recommendations, the acquisition of additional acreage is not considered although this option ma), be a viable alternative if land is available in the ~leve!opment of future plans. Model High School '11I" is used for comparison in developing recommendations for each of the five high schools. Using this model, the following size allocation for site improvements are usec[.to compare existing site facilities: Facility Footprint +1- 8,2 acres (18% of total site) · Comprised of 8 buildings with 'acentral c~ur~yar~ · Courtya~ (approximately 180' x 180") Playfields *1- 15,4 acres (34% of total site) · Eight'tennis courts · Four baskel~all courts' · 400 meter 8-lane track with footbalVsoocer field and home bleachers · Two softball fields Two multi-purpose fields · Baseball. fields Parking I Drives ~1. 10.3 acres (22% of total site) · 723 pa~king spaces and associated drives Subtotal +/. 33.9 acres Open Space6/Walkway$, etc, 4.1- 12.1 acm (26% of total site) Total 46 acres S<,.s ~- ~:ci~, 'rc,m Page $ 3-01-1999 2;24.PH F"~OH PLANN?NG AND REAL ES 56;1 4.34. 8187 P. 12~ f~j,~ t4,, ~c.o~ EXECUTIVE SUMMARY C. Existing Buildings Assessed Condition ReCommendations are based upon the Facility Condition Index (FCI) developed t~rough the infrastructure assessment process, Eacl~ campus was segmented into individual buildings and/or groupings of buildings and subsequently assigned a FCI for the purposes of defining moclernization t replacement recommendations. FC! categories for recommendations are as follows: Facility Condition Index (FCI) Retain buildings and/or group of buildings Other factors that should be taken into consideratien in addition to the FCl rating: - Extent of remodeling anti/or a<idit~ns required to meet the design criteria · Traffic/pedestrian conflicts · Construction phasing · Safety issues Facility Condition Index (FCI) = .25 to .40 Attempt to retain buildings and/or group of buildings Other factors that should be taken into consideration irt addifio~ to the FC! rating: · Adjacency ·Extent of remodeling and/or additions required to meet the design crtteda Traffic/pedestrian conflicts · , Construction phasing · Safeb/issues Facility Condition Index (FC[) = > .40 Replace buildings and/or group of buildings The cost to renovate/remodel these buildings and/or group of buildings would most likely exceed 75% of the replacement cost for and therefore recommended for a new replacement. Sons * Assoc~c~ rea,. Page 9 3-01-!999 2:2~PH FROM PLANNING AND REAL ES 561 &3& 8187 P. 11 I m"o.i,~.~ No. 99,C.,,006:~ EXECUTIVE SUMMARY I D. Recornmer~lations I Alternatives I Recommendations described hereafter for each high sci~ool is only intended to serve as a I guide to tile district staff for future replacement and/or modernization. The mc, ommendations take into account the findings contained in this assessment; facility condition, educational i adequacy, acljacencies o[ facility programs and security issues. Be advised that the recommendations for each of the five high schools was based on a I comparison with Model High SchOOl II1, a facility for 2,509 students and associated playfield&fparking on = 46. acres of land. I It is recomme~tded that a comprehensive design plan be completed for each of the five high schools. This plan should be developed through a team design approac, J1 with the appropriate I school d~strict personnel, school staff members, parent/community groups, and the project architect. This process should review and recon'm'tend the facility improvements in terms of budget, student' capacity, shared off-site playfields if needed, program adjacency, security isstJe~, etc. I It is also recommended that the SDPBC review identified facility condition items listed as i 'Priority 1 Life Safety" concerns and implement corrections at the earliest possible cor~venience. I I I I I Sor~ + A.~eciate~ T¢~ Page !0 I 2:25PH FF40H PLANNING AND REAL ES 56;1 4.,~4. 8187 Atlantic ~igh School - Recommendation Recommen~ion for ~ernjzatbn an~/or rep~ace~t for Atlantic High S~o[ are as follows: FI~ Plain R~uir~: A~n~ High Sch~l is l~t~ in Ft~ Zone X (~0 -year FI~ Pla~) no ~uir~t for.~r s~b elevation. S~e I Re~mmend~ ~ge: Perle SDPBC 19~ Capi~l Budge- June 1~, A(lanfic High ~h~ ~n~ins 32 ~r~. Per ma~er sffe plan by SDPBC dat~ 11t~8, t~ site p~ ~ins 40 ~S, ~lculations ba~ on di~nsio~s of m~ter si~ ~ re~i~ in a ~1 acr~ge of 36.7 acres. For ~is ~mmendafion, the 3~ acm to~l is u~. ~ang buildings utilize approxi~tCy 10,3 acres (32% of ~e exis~g she). ~p~xi~mly 105,000 8F of new building ~ea is ~uir~ to ~mp~ ~h ~e design crit~a. - Exis~ p~ids ut~ize a~pmxim~ely 14,1 ~res (~% of ~e existing site). The f~l~i~ addifi~al ~lifies to w~ ~e crRe~: 3 are r~u~ed comply design fields. 1 ~1 field, 6 handball couP, 4 t~nis ~u~. ~iSfi~ b~ ~ ~lan~ in IJ~ Of ~lanes. · Existing pa~dfives util~e approximately 5.9 a~es (18% of ~e existing A~pmximateN 3~ addi~nat ~king s~ are r~uir~ to ~mpiy wiffi ~e - Ba~ ~ a 32 acm ~rceL open s~ ~un~ for ap~oximetely ~ .7 acres e~sting site). C. Existing Building Assayed Condition - Recommendations: Facility CondiUon Index (FCI) = <.25 Three buildings are recommended to be retained/reused: · # 19 gymnasium (requires additional 6,253 SF) # 20 cafeteria (requires additional.10,176 ,, ~t 42 audlt~ium 3-;~1-1999 2:2SPH F"ROH PLANNI~',JG AND REAL ES 5E;1 43,1 8187 P. 13 ( ~j~. ~*~s EXECUTIVE SUmmARY I Facili~ Condition Index (FCI) = .25 to .40 ~leven buildings are recommen~d to be retain~ed w~in ~e ov~ll design palmier: · ~ 1 adminis~a~ (requires a~i~ai 1,!24  - ~ 2 m~ ~nter (~ires additional 10,~ · An~x (bui~ings ~ 2~, 2d, 25, 26, ~7. 2~, 29. 30, 31) Facility Conditio~ index (FCq -- > .40 Remaining 20 building~ are recommended for replacement · Buildings # 3 through 18 · tt 22, 43 44 Buildings 2'1, arid D. Recommendations: I Replacement/Modernization While Maintaining Occupancy 1. Phased · Due to location and anticipated expansion/remodeling requirements, it is I recommended that building #1, #2 an¢ the anf~ex be replaced. · Due to I~cation (traffic/pedestrian conflict) and size of required expansion, recommend that the cafeteria (#20) be replaced and Ic~ated on the north end of the site, I , Built in 1949, the existing gymnasium (#19) requires review for function, adequacy, building condition, and adjacency requirements. a) If feasible, provide a systematic phased replacement of all existing facilities except for t~e existing auditorium, building #42. Completed facility would be a combination of one and two story facilities with facility footprint of approximately 8,2 acres. Provide for student occupancy on campus during replacement. I b) If feasible, retain existing football/track facile, and provide modernization as required. Provide new physical education facilities to comply with design criteria on the east- end of the site. c) Provide for all pad<lng and service drives on the west, north and south ends of the site eliminating traffic acoess on the east side of the new facility, ~-01 - ! 999 2; 2GPlH F~Oh'l PLANN I NO AND REAL ES B~; 1 4.34 8187 P. 14 3-01-1992 2:26PH FROM PLANNING AND REAL ES S61 ~3~ 8187 P. 1S MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~j~'- REGULAR MEETING OF APRIL 6, 1999 SERVICE AUTHORIZATION ~4/ECKLER ENGINEERING DATE: APRIL 1, 1999 This is before the Cormmission to approve Service Authorization #4 in the amount of $14,000.00 with Eckler Engineering, Inc. for consulting services required to prepare an engineering report analyzing the force main network associated with Lift Station 80. The p~rpose of the report is to determine if the upstream lift stations and force mains, which currently pump to Lift Station 80, are capable of pumping directly to the South Central Regional Wastewater Treatment and Disposal plant without the assistance of Lift Station 80. The report will also provide recommendations for any upgrades which would be required within the system. Funding is available from 442-5178-536-31.30 (R&R/Engineering and Architectural). Recommend approval of Service Authorization #4 in the amount of $14,000.00 with Eckler Engineering, Inc. ref: agmemol3 S/citycler k/agenda 9 9/agmemo 13 AGENDA REQUEST Agenda Item No. Date: March 26, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: April 6, 1999 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization %4 to Eckler Engineering in the amount of $14,000.00 for consulting services required to prepare an engineering report analyzing the force main network associated with Lift Station 80. The purpose of this report is to determine if the up-stream lift stations and force mains which currently pump to Lift Station 80 are capable of pumping directly to the S.C.W.W.T.P. without the assistance of Lift Station 80. The report will also provide recommendations for any upgrades, which would be required within the system. Funding for this expenditure is available in R&R Account #442- 5178-536-31.30, Engineering and Architectural. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization %4 the cunt $14,'0 ~.00 for Eckler Engineering in 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: ~NO Funding alternatives (if applicable) . Account No. & Description~q~-,~/7~-5~-~]~.~0 Account Balance --o'-- ~01000.~ -~ 0 ~cOp he~ bj~'o~J~ City Manager Review: ~ ~ Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \ \ESSRV002 \DEPARTMENTS \EngAdmin\ Projects \ 99\ 99-047 \OFFICIAL\ 4- 6AG. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager FROM: Dan Beatty, P.E. ~ Deputy Director of Put~c-Otilities DATE: March 26, 1999 SUBJECT: Engineering Report for Lift Station 80 Force Main System Project Number 99-047 Attached is an agenda request for Service Authorization ~ to Eckler Engineering in the amount of $14,000.00 for consulting services required to prepare an engineering report analyzing the force main network associated with Lift Station 80. The purpose of this report is to determine if the up-stream lift stations and force mains which currently pump to Lift Station 80 are capable of pumping directly to the S.C.W.W.T.P. without the assistance of Lift Station 80. The report will also provide recommendations for any upgrades, which would be required within the system. Funding for this expenditure is available in R&R Account ~442-5178-536-31.30, Engineering and Architectural (budget transfer is attached). Please place this item on the April 6, 1999 Agenda for consideration by City Commission. cc: Richard C. Hasko, P.E., Director of Environmental Services Victor Majtenyi, Assistant Construction Manager Allison MacGregor Harty, City Clerk S:\EngAdmin\Projects\99\99-047\OFFICIAL\4-6memo.doc ECKLER ENGINEERING, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: March 23, 1999 SERVICE AUTHORIZATION NO. 4 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO.: CITY 215.N0 ECKLER ENGINEERING TITLE: Hydraulic Modeling, Lift Station 80 Force Main System This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated May 9, 1995, between the City of Delray Beach and Eckler Engineering, Inc. I. PROJECT DESCRIPTION Eckler Engineering met with the City of Delray Beach on March 16, 1999 to obtain a better understanding of the force main modeling project as anticipated by the City of Delray Beach. The following general goals were proposed as modeling objectives for the lift station 80 force main system area. These goals are as follows: A. Prepare a computerized hydraulic model to be used to evaluate improvements to the lift station 80 force main system. The model will be used to 'evaluate piping improvements to the existing force main system required to eliminate double pumping, long inefficient pumping routes, and a section of deteriorating 24-inch gravity sanitary collection system located along Lake Ida Road just west of lift station 80. The ultimate goal of this modeling project will be to provide the City of Delray Beach with necessary information required to recommend force main system improvements consisting of the addition of new sections of force main piping and pumping capacity improvements required at the impacted lift stations. This proposal consists of the preparation and analysis of a computerized hydraulic system model including preparation of a written report describing the models and analysis of their output as well as the Engineer's recommendations for system improvements. II. SCOPE OF SERVICES The Engineer shall provide complete engineering services required for this modeling project in accordance with our scope definition meeting of March 16, 1999. The work shall include the following: HYDRAULIC MODELING STUDY AND REPORT The Engineer shall provide the services outlined in Article III, Paragraphs A, Phase I, pages 4 and 5, of the Agreement. The specific tasks include: Task 1 - Administration: Administration of the project includes project setup, client interface, interface and coordination with Delray Beach Operations Personnel, Quality Control and Invoicing. Task 2 - Data Gathering: The Engineer will prepare and submit written requests to the City for data required to analyze and model the existing lift station 80 force main system. It is anticipated that two data requests will be required for this project. The first request will be required to prepare the base schematic system map for the project and the second required for data to finalize and calibrate the model. Task 3- Prepare Base Schematic of Existing Force Main System: The Engineer will prepare a working schematic &the force main system to be modeled. This schematic drawing shall be based on the City's wastewater system atlas. A review meeting shall be held with the City to review and confirm the schematic drawing of the force main system. Project modeling objectives will also be finalized at this meeting. Task 4 - Prepare Model of Existing Force Main System: The Engineer will assemble the hydraulic model and provide all input parameters required to model the existing force main system. The model will be calibrated to meet known system pressures by adjustment of the internal pipe friction factor assumptions. Task 5 - Model Proposed Improvements to the System: The Engineer will add and model all force main improvements to the existing force main system required to eliminate all pump discharges to gravity sewer systems and all force main discharges to the lift station 80 wetwell. This model will be used to size all force main improvements based on efficient hydraulic operation using velocity and head loss values as the guides for sizing force main improvements. Task 6 - Review Impacts to Existing Lift Station Capabilities: The Engineer will review the impacts that the modeled pumping conditions have at each existing lift station site upstream and downstream of lift station 80. This evaluation will include reviewing the existing hydraulic capacity of the pumping systems, adequacy of existing horsepower, and revisions that can easily be made to the existing pumping systems that do not require new pumps or new hydraulic improvements at the stations. For stations where existing pumps and/or available horsepower is not adequate to meet the new modeled pumping conditions, the Engineer will review and provide proposed new pump selections for these stations. In addition, to evaluate the impact due to force main improvements, the Engineer will revise the model using lift station 80 as an inline booster pump station. Following revision of the model, the Engineer will review the existing pump stations upstream and downstream of lift station 80 to see if using lift station 80 as an inline booster pump station can relieve any hydraulic capacity problems at the lift stations. An evaluation of these lift stations will be made similar to that described above and, if required, new proposed pump selections will be made for the impacted lif~ stations. The existing pumping systems at lift station 80 will also be evaluated for use as an inline booster type station based on horsepower and hydraulic capacities. Task 7 - Prepare a Report of Results and Recommendations: The Engineer shall prepare a report detailing the modeling results and recommendations for improvement to the lift station 80 force main system. This report shall include a brief introduction describing the modeling goals and objectives of this project, the computer model results, Engineer's recommendations and conclusion, and an appendix containing the data provided by the City of Delray Beach. As necessary, graphics will be provided to detail the schematics of the system as modeled for the two computer models. Construction cost estimates for the system improvements will not be prepared. Task 8 - Submit and Review with City: The Engineer will submit two (2) copies of the report at the 90% preliminary completion level. A review meeting will be established following the 90% submittal to discuss and receive comments from the City. Task 9 - Finalize the Report: The Engineer will finalize the engineering report (100%) by incorporating the revisions to the 90% submittal as discussed at the 90% review meeting. In addition, the Engineer shall finalize the section on Engineer's Recommendations and Conclusions for recommended improvements to the lift station 80 force main system. Following completion of the necessary revisions to finalize the report, the Engineer shall submit two (2) copies of the Final Report for the City's use. The final report submittal shall include an electronic copy of the two models prepared for this project. DATA OR ASSISTANCE PROVIDED BY THE CITY As a part of this service authorization, the CITY shall: 1. Provide a copy of the City's wastewater system atlas on compact disc in AutoCad Release 14 format. 2. Provide pump curves, wetwell depth, horsepower and other specific data for each lift station in the study area. 3. Provide influent flow data for each lift station within the study area. 4. Provide the elevation and location of the force main discharge location at the regional wastewater treatment facility. 5. Provide continuous pressure recordings at various system points along the existing force main transmission system. These locations will be selected during the preparation of the base system schematic maps. 6. Other general information regarding the existing lift stations may be required for the modeling. This information may include specific project record drawings, piping configurations, or other operational information. III. BUDGET This proposal is made in accordance with Article VII - Compensation, Paragraph A, Method 2 - TIMES CHARGES, NOT TO EXCEED BUDGETED AMOUNT, Page 17 of the AGREEMENT. The budgeted amount is $14,000.00. IV. COMPLETION DATE The design of these lift stations can be completed within 45 days of receiving a signed Service Authorization. The Bidding/Negotiation portion will be completed as the project progresses on the City's schedule. Approved by: CITY OF DELRAY BEACH: Date ECKLER ENGINEERING, INC. Signature Don~tld.,,A. Eckler, President Print Name t~itn~ss - Title Wit~n~fss~ /4~ Attest Approved as to legal Sufficiency and Form CORPORATE ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this"~c~. 4 day of ~ ~ ~ , 1999 by Donald A. Eckler , President, of Eckler Engineering, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and did not take an oath. S~' ~e- ~ ~ P~rso~ T ~k'~g-Acknowledgment Linda C. Fracasso Name of Acknowledger Typed, Printed or Stamped l' OFL~CIAL NOTARY S~EAL EX:DA C F~CAS50 NOTARY PUBUC STATE OF FLORIDA COMMISSION NO. CC639605 MY COMMISSION F_.XP. MAY 12001 I CITY OF DELRAY BEACH I HYDRAULIC MODELLING, LIFT STATION 80 FM SYSTEM PROJECT COST BREAKDOWN FILE: d:\office~D_Doug\misc~215BD003.WB1 DATE: March 22, 1999 I. STUD Y PHASE BUDGET TOTAL ITEM DESCRIPTION TITLE HOURS RATE AMOUNT VALUE !TASK 1 AMINISTRATION .... PRINCIPAL 2 $39.33 $78.66 ENGINEER 7 2 $32.00 $64.00 ENGINEER 3 0 $18.50 $0.00 TECHNICIAN 4 0 $24.00 $0.00 SECRETARY 2 $16.50 $33.00 SUB-TOTAL $175.66 tASK 2 DATA GATHERING PRINCIPAL 0 $39.33 $0.00 ENGINEER 7 4 $32.00 $128.00 ENGINEER 3 0 $18.50 $0.00 TECHNICIAN 4 0 $24.00 $0.00 SECRETARY 2 $16.50 $33.00 SUB-TOTAL $161.00 tASK 3 PREPARE BASE SCHEMATIC OF THE EXISTING FM SYSTEM PRINCIPAL 0 $39.33 $0.00 ENGINEER 7 4 $32.00 $128.00 ENGINEER 3 4 $18.50 $74.00 TECHNICIAN 4 24 $24.00 $576.00 SECRETARY 0 $16.50 $0.00 SUB-TOTAL $778.00 Page 1 of 3 BUDGET TOTAL ITEM DESCRIPTION TITLE HOURS RATE AMOUNT VALUE tASK 4 PREPARE MODEL OF THE EXISTING SYSTEM PRINCIPAL 0 $39.33 $0,00 ENGINEER 7 4 $32.00 $128.00 ENGINEER 3 32 $18.50 $592.00 TECHNICIAN 4 0 $24.00 $0.00 SECRETARY 0 $16.50 $0.00 SUB-TOTAL $720.00 TASK 5 MODEL IMPROVEMENTS TO THE EXISTING SYSTEM ?RINCIPAL 0 $39.33 $0.00 ENGINEER 7 4 $32.00 $128.00 ENGINEER 3 24 $18.50 $444.00 TECHNICIAN 4 0 $24.00 $0.00 SECRETARY 0 $16.50 $0.00 SUB-TOTAL $572.00 I~ASK 6 REVIEW IMPACTS TO EXISTING LIFT STATION(S) CAPABILITIES PRINCIPAL 2 $39.33 $78.66 ENGINEER 7 8 $32.00 $256.00 ENGINEER 3 32 $18.50 $592.00 TECHNICIAN 4 0 $24.00 $0.00 SECRETARY 0 $16.50 , $0.00 SUB-TOTAL $926.66 tASK 7 PREPARE REPORT OF MODELLING RESULTS AND RECCOMENDATIONS PRINCIPAL 2 $39.33 $78.66 ENGINEER 7 8 $32.00 $256.00 ENGINEER 3 8 $18.50 $148.00 TECHNICIAN 4 8 $24.00 $192.00 SECRETARY 4 $16.50 $66.00 SUB-TOTAL $740.66 YASK 8 SUBMIT AND REVIEW WITH CITY PRINCIPAL 0 $39.33 $0.00 ENGINEER 7 4 $32.00 $128.00 ENGINEER 3 0 $18.50 $0.00 TECHNICIAN 4 0 $24.00 .$0.00 SECRETARY 2 $16.50 $33.00 ,, SUB-TOTAL $161.00 Page 2 of 3 BUDGET TOTAL ITEM DESCRIPTION TITLE HOURS RATE AMOUNT VALUE YASK 9 FINALIZE REPORT PRINCIPAL 2 $39.33 $78.66 ENGINEER 7 4 $32.00 $128.00 ENGINEER 3 4 $18.50 $74.00 TECHNICIAN 4 2 $24.00 $48.00 SECRETARY 4 $16.50 $66.00 SUB-TOTAL $394.66 I SUB - TOTAL RAW LABOR $4~629.64 SUB - TOTAL LABOR = (RAW LABOR * 3.0) = $13,888.92 II. REIMBURSIBLE EXPENSES EXPENSE NO. OF COST PER TOTAL ITEM EXPENSE TYPE UNIT UNITS UNIT COST 1 REPRODUCTION LS 1 $0.00 $0.00 2 PHOTOCOPIES EA 200 $0.20 $40.00 3 TELEPHONE LS 1 $25.00 $25.00 4 POSTAGE LS 1 $10.00 $10.00 $ PLOTTING 22X34 MYLAR EA 0 $15.00 $0.00 11 X17 EA 6 $3.00 $18.00 6 TRAVEL MILEAGE EA 90 $0.31 $27.90 TOLLS EA 2 $1.50 $3.00 7 SUBCONSULTANTS SURVEYING LS 0 $0.00 $0.00 ELECTRICAL LS 0 $0.00 $0.00 SUB - TOTAL EXPENSES. $123.90 SUMMA R Y ITEM AMOUNT [. STUDY AND MODELLING SERVICES $13,888.92 ~i. REIMBURSIBLE EXPENSES $123.90 GRAND TOTAL $14,000.00 Page 3 of 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/ SUBJECT: AGENDA ITEM ~.J.- REGULAR MEETING OF APRIL 6, 1999 PURCHASE AWARD TO TURNER OUTDOOR EQUIPMENT FOR TWO TRACK MOWERS DATE: APRIL 1, 1999 This is before the Commission to consider approval of a purchase award, in the amount of $13,083.04 to Turner Outdoor Equipment for the replacement purchase of two (2) John Deere track mowers for use by the Water and Sewer Maintenance Division of the Environmental Services Department. The current mowers are old and need constant maintenance to keep them running. Three quotes were obtained from John Deere dealers in the area. The iow quote of $13,046.000 was from Lawnmower Headquarters which'is located in West Palm Beach. Turner Outdoor Equipment, located in Delray Beach, submitted the second iow quote at $13,083.04 utilizing pricing from an Orange County Public Schools contract. The staff recommendation is to award to Turner Outdoor Equipment. While their quote is $37.04 more than the iow bid, they are a local company with the ability to provide faster and more convenient service and maintenance for the mowers. Funding for this purchase is available from 442-5178-536-61.76 (R&R/Equipment Replacement Program). Recommend approval of the purchase award to Turner Outdoor Equipment for two (2) John Deere track mowers to be used by the Water and Sewer Maintenance Division. ref:agmemol0 AGENDA REQUEST Agenda Item No. ~J- Date: March 26, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: April 6, 1999 Description of item (who, what, where, how much): Staff requests Commission award the purchase of two John Deere track mowers from Turner Outdoor Equipment in the amount of $ 13,083.04. Funding for this expenditure is available in R&R Account %442-5178-536-61.76, Equipment Replacement Program. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of tj~e purchase to Turner Outdoor Equipment in the amouq~'-~, $~83.0~,~// De--merit head signature: ~\~(t~.~ ~/~_~/~1~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure funds ): Funding available:~YEy/NO Funding al ternativeA-' (if applicable) Account No. & De~,cription.g~Z~ Account Balance ~ ,~_ b'.-~ City Manager Review:~ ~ /D/~ Approved for agenda: ~/NO Hold Until: ~ ~ ~ ~~~ ~.~'~ Agenda Coordinator Review: [ Received: Placed on Agenda: Action: Approved/Di s approved C: \My Documents\4-6mower.AG. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager FROM: Dan Beatty, P.E.~ Deputy Director o~-P-ubticlJtilities DATE: March 26, 1999 SUBJECT: Replacement of Track Mowers Attached is an agenda request and supporting documentation for the replacement of two John Deere track mowers in the Water and Sewer Maintenance Division. The existing mowers require constant maintenance and are in desperate need of replacement. Three quotations were obtained from John Deere dealers within the area. The lowest quote is $13,046.00 from Lawnmower Headquarters located in West Palm Beach. The second lowest quote is $13,083.04 from Turner Outdoor Equipment in Delray Beach, a difference of $37.04. Since Turner Outdoor Equipment is located in Delray Beach, service and maintenance will be facilitated much easier, I recommend award of the purchase to Turner Equipment. Funding for this expenditure is available in R&R Account ff442-5178-536-61.76, Equipment Replacement Program (budget transfer is attached). Please place this item on the April 6, 1999 Agenda for consideration by City Commission. cc: Richard C. Hasko, P.E., Director of Environmental Services Robert Bullard, Manager, Water & Sewer Maintenance Division Allison MacGregor Harty, City Clerk Agenda File C:\My Documents\4-6rnower. mem.doc APR 01 ~99 10:48AM AT~T FAX 9015PF TURNER Ou OOa 2S07 N. F~ H~. ~Y B~c~, FL 33483 (561) 272-8305 (888) 395-9233 ~o~ 272-~94 F~x h~:/~.~merou~r.com e-~l turner ~ City of Dolr~y Bench 100, NW 1"t ~treet Dclr~y Bench. FL 33444 R~f~renc~: R~quz~t for Quote April I*~ 1999 JOaB De,re / OrlmEe C~,nnty Public Schools Pnrcllasln~ SectlQu Bid Codel, Description Price 0010TC ~ohn Doers F620 Z Track Mower S8,66~.00 1001 54' Mower Dock S 125.00 2oeo Turn Tires In Bile 3001 Dull Rmir Wh~mls S 198.00 To~ll S8.991.00 Less 28% Oran~e County ~chool ~17.46 Sub total S6,473 ~2 BM19268 Armrest Kit ~ .(8_00 Net Bid Price S6,541.52 We enclose a copy of the Orange County School Board Bid. nnd ~ brochure on the Z Truck. Kind Regards James F. Bunting ~ TURNKR OUTDOOR EQUIPMENT 0-4/01/99 11:09 ~'770 388 2103 JOHN DEERE CO. ~003/006 JOHN DEERE COMPANY E, EE~E ;-jI:IIV~ COF, IYE~I~ GEORGIA 3(1)13 21 July 1998 To: All Florida Governmental Agencies Effective: 19 June 1998 Expiration: 27 June 1999 I am pleased to advise that the Multiple Award Schedule (..~IAS) Contract between John Deere Company and the Orange County Public School~ h~ been extended until June 27, 1999. This is a cooperative purchase contract that allows ~dl governmental agencies and schools in the state of Florida to purchase John Deere products using this contract without going to bid, as IonS as local regulations do not prohibit such purchasing. Disc~ounts The ~unt to agencies is. 28% off list price for all equ/pment in the Lawn & Garden Products Price List and Commercial Products Price List The discount off Parts is 5%. Please not that Golf& Turf products are excluded from this contract. Orde_ring Information All agency purchase orders must 1/st the vendor as John U~ere Company, 4401 Bland Road, Raleigh NC 27609. Please submit all purchase orders to this address or Fax to 919-954-6485. If you have been working with a dealer hL securing a purchase, please list that dealer's n~me and address in the body of the purchase order to insure that this dealer will deliver your equipment. Con~ .ract Information If you have any questions, please call Dave Fehrmsnn (919) 850-2651, Kerry Rich (919) 954-6461, or Barbara Garretson in the Direct Governmental Sales Department tu Raleigh at 1-800-535-2967 (Select Option 4, then Option 3). 734-21 WE ARE PLEASED TOISUBMIT THF, EOLLOWLNG QUOTATION: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM g-<' - REGULAR MEETING OF APRIL 6, 1999 APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD DATE: APRIL 1, 1999 The terms for regular members Yvonne Baine, Daryl Nathanson and Clifford P. Wright, Jr. and alternate members Edward A. Ostrowski, Jr. and Vera Scott on the Nuisance Abatement Board expired on March 31, 1999. Ail members have expressed an interest in reappointment and are eligible. The term is for two years, beginning April 1, 1999 and ending March 31, 2001. The following have also submitted applications for consideration: Michael Coston (resides in the North 3 months) N. Jean Heinly Russell B. Jennings Shirley E. Johnson The Nuisance Abatement Board was established to hear evidence relating to th~ existence of certain public nuisances on premises located in the City. The board consists of five regular members and two alternate members. Members must be residents of the City and are appointed by an affirmative vote of at least four members of the City Commission. A check for code violations and/or municipal liens was conducted. Copies of violations are attached to the applications of Yvonne Baine and C~ifford P. Wright, Jr. for your information. According to the rotation schedule, the regular member appointments will be made by Commissioner Schmidt (Seat %1), Commissioner Archer (Seat #2), and Commissioner Wright (Seat #3). The alternate member appointments will be made by Commissioner Randolph (Seat #4) and Mayor Alperin (Seat %5). Recommend appointment of three regular members and two alternate members to the Nuisance Abatement Board for two year terms ending March 31, 2001. ref:agmemol6 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~ Yvonne Baine 7Q7 N.W. MLK Blvd. Delray Beach FL 33444 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) P.O. Box 1565 Delra~ Beach FL 33444 ~RINCX~AL BUSINESS ADDRESS (Street, City, Zip Code) .. HOME ~0NE 278-9777 BUSINESS PHONE N/A ON ~g~AT BOARDS ARE YOU INTERESTED IN SERVING Nuisance Abatement Committee LIST ALE CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR RAVE PREVIOUSLY SERVED (Please include da:es) land use committee EDUCATIONAL QUALIFICATIONS B.S. Florida A&M University M.S. Columbia Universit~ LIST A~ RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH ¥0U HOLD GIVE YOUR PRESENT, 0R MOST RECENT EMPLOYER, AND POSITION Retired DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALI~"~ YOU TO SERVE ON THIS BOARD ~ have lived and been active .,in the li.fe, of Delra¥ Beach for 70+ yrs. as a resident¢ schoo! teacher% and co. mmunity leader. PLEASE ATTACH A BRIEF EESUME. I REEEBY CERTIF~ TRAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND TRAT AN~ MISSTATEMENT OF ~LATERIAL FACTS CONTAINED IN THIS APPLICA- TION F~AY CAUSE FOR~EITURE UPON M~ PART OF ANY APPOI~ I NAY RECEIVE. SIGNATURE - DATE ~/90 Yvonne Baine 707 N.W. MLK Blvd. Deiray Beach FL 33444 561-278-9777 Objective: To serve as a member of thc Nuisance Abatement Committee Highlights: · 34 years as a Palm Beach County school teacher · strong leadership skills · strong sense of community · ability to be open, objective, and firm · a widow, mother, and grandmother Education: B.S. Florida A&M University M.S. Columbia University Employment: Retired (school teacher) Committees: · Eastern Stars Ocean City Chapter 116 · Nacirema club · Pianist for Mt. Olive · Sunday School Teacher at Mt. Olive · vocational Bible Studies at Mt. Olive · Phi Delta Kappa · Epoch committee PREPARED 3/Z6/99, 9:Z7:57 CASE HIST[ pwna~aM C~00L CASE NUMBER City o£ Dmlray Beach Florida c~c~ TV~ DATE ESTB[ Property Control Number ADDRESS INSPECTOR NON-CONFORMING LANDSCAPING 3/30/93 IZ 43 ~S 17 05 000 0030 DELRAY BEACH 'FL 33444 CASE DATA: INSPECTION DATE MAY Z4, 199693 NOTICE NAMES: ~AINE L'-~'YVONNE OWNER HISTORY: SCHEDULED ACTION STATUS 3/30/93 .NON-CONFORM LANDSCAPING NOTICE MAILED 1Z/01/93 SECOND NON-CONF LANDSCAPING MAILED 5/~1/q~ ~N-Cn~ T.a~n VT~L~TTn~ ~T~C~ 6/21/96 SERVICE VERIFIED COMPLETEI NARRATIVE: 6/£2/95 7/30/96 RE-INSPECTION COMPLETE! RQST TEXT: NC. SUBMIT TO CEB. D~? TF~T~ NC_ ~UO~!T TO 8/09/96 FORMAL HEARING NOTICE MAILED !!/!Z/9~ CODE ~¥FORCEMENT ~OARD ~EAR!N~ COMPLETE! NARRATIVE: GUILTY GIVEN 6 MONTHS OR 5/~3/97 ~OARD ORDER INSPECTION COMPLETEI 6/09/97 NONCOMPLIANCE HEARING NOTICE MAILED B/26/97 CODE ENFORCEMENT BOARD HEARING COMPLETEI YARR~T!VE~ [!~N FILED FOR $Z.350. 9111197 FILING CEB LIEN COMPLETEI 1/Z9/98 NONCOMPLIANCE HEARING NOTICE MAILED NARRATIVE: GIVEN 60 DAYS EXTENSION. 8/~q/98 ~OARD O~DF~ !N~P~CT!ON COMPleTE] RSLT TEXT: NC ll/lZ/O8 CODE ENFORCEMENT BOARD HEARING COMPLETEI NARRATIVE: LIEN FILED FOR $5,950. ~/11/99 FILING CEB LIEN COMPLETE) VIOLATIONS: DATE DESCRIPTION QTY CO' CITY OF DELRAY BEACH BOAKD MEMBER APPLICATION S~V~ (~l.ns. ~nclu~. ~t.s) " D~S~IB~ ~RIZNCZS, SKILLS OR ~O~ZDGZ ~ICB QU~IFY YOU TO PL~E A~ACH A BRIEF ~S~. ~ ~Y C~TI~ ~T ~L ~E ~0VE STAT~NTS ~E ~UE, ~$T~ ~T ~ MISSTAT~NT OF ~TERI~ FACTS CONTAIN~ IN ~IS ~PLICA- TION ~Y ~USE FORFEI~ UPON ~ P~T OF ~ ~POIN~T I ~Y ~CEIVE.. crI'Y OF DF_LRAY BEACH CITY COUNCIL MAYOR ALPERIN BEINO SO INTERESTED IN YOUR CODE Di~ARTMENT AND LACK OF ENFOR~ THERJ~F ..... .I AM OFFERING MYSELF AS A MEMBER OF THE CODE COI~vllTTE~ .... CATHI SUMIL~-SUGGESTED I APPLY FOR THE POSITION_AT FIRST I !~0~ AFIZR ~G ~ OTHER NIOHT....I ~ IT BEST FOR ~ CITY, AND BEST FOR THE PEOPLE THAT I VOL~ TO SERVE ON THE BOARD. I WR,L NOT IK)ILE YOU WrrH A FULL RESUME....BUT IIERE OOES.... WE OO BACK TO TH~ FORTfl~ IN TIlE ARF, A...AT FIRST MY FOLKS HAD A PLACE AT BRINY BREE23~ BUT THEN BOUOHT A LnTLE STREFr CALLED EASTVlEW ON THE NORTH CORRHX)R OF D~RAY...AT THAT TIME EASTVIEW CONSISTED OF VACANT FRONTAGE ..... TWO SINOLE FAMILY SMALL HOlVfl~q AND TWO DUPLEX APAR~ BUILD~....A NICE SPOT....THIS WAS IN 19~0 ..... .IN 1952 THEY ADDED TKE COTTAGE THAT WE NOW RESIDE tN ...... I STARTED TO COME DOWN IN 1953 AND FOR TEN YEARS OWNED TI~ PROPERTY AT 1102 MIRAMAR IN THE DELRAY BEACH ATLANTIC AVEN'c~ AREA....I SOLD THAT PROPERTY IN 1981 ...AND UPON THE DEATH OF MY MOTHER BOUGHT TttlS SO YOU CAN SEE I HAVE BEEN A TAXPAYER AND RESID~ OF DELRAY FOR SOME I'IME..... I AM HERE IN DELRAY FOR AT L~4ST EIGHT MONTHS A YEAR ... MICHAEL LEE COSTON MI,C 13 ~W AVENUE 15669 LI'ITLEF~n D_~RAY BF..ACH FLORIDA SI~RING LAI~ MICHIGAN 49456 .561 ~$ 0678 616 8~ 6567 MY ~ SPENI16 MORI~ ~ IN OUR ~ ~:~mENCE THAN I DO A~ DUE TO OLD {I)OTB,~-~. IHA~n~ TIlE COLD ~ATES FLORIDA FOR ME OVER MICHIGAN... OVI~ ~ YEARS TI~ FAMILY ~ ~ PROPERY OI~.,.Jc~'~'PlNO ONLY ~ COTTA(tE...,.I ALWAYS I~LT IT WOULD B£ AN IDEAL PLACE TO B[....BUT I ~ THAT RENTAL PROPk"RTI~ THAT ~ NOT MAINTAINED SUI~OUND IT.....AND I IL~V~ A ~T ~T IN'I'URN~G TI~ NORTH CORRIDOR AROUND_WITHOUT ENL{ST b~-T-n~S THAT ARE INTER.E~KD ...I N ~-~-&NINO UP....CUZ lVlAINI,Y THE AREA l'~O{"[~,Tl{i~ ARE OW'N{{{) BY NON ~li3k'T ~LUIVi LORDS... ~CtAN ~I'ATE ~ 1~ BU~ ~TION...JOURNAL1SIVi NOR'i'll ~N BIOlt ,~3HOOL 1~46 U~ ARMY ~FECL4L S{!li~,.11TH AIRBORN~ D~ON.....PLAYED ON D~ONAL AN ATimm-'~'"r'E AT {v{ICitI~ ~'rATE~,I {~V'I'E~v"T~ ~ B~ WORLD....]IV 1~3 ~ilJ,,INO ~ Al,r~n-~'!:__ .(MY I{'AT~ WAS AN EARLY ~ DE,~-~)....SOLD CARS TIL 1~58 ~ I ~ ~ EPOR'I~ BU~ A5 A ~ RI{:P...,SOLD AQU~.....AI, ONO WITH (Rt.EOO DRADDY Ol~ ~ F.4d~ IZOD LACOST~ l'~ WAS IgOHLY SUC~ IN THAI' OAME AND ~ FROlvl 1T IN EARLY SEVENTf~ ...... YET I OWNED TH~ FAMOUS Y~ PEDDLER SPECIALTY STORI~.=.IN CONA~CTION WITH THE ROAD FOR TWENTY YEARS...FOUNDINO IT IN 1961)_ ~ l AM PROUD TO SAY THAT IT IS STILL IN OPERATION THIS DAY....I SOLD 19/0 IOWNEDTItE FAMOUS'8 L T"/BEAR LAIKE TA~ ~I~~ ri'IN 1969 IT WAS i CONDEMNED SPEAKEASY...,..I REBUILT IT AND BROUGHT IT BACK TO ITS RISTORr,,AL MICHIGAN PROMINENCE...(I STR,L ~ I OWNED IT)...HOWEVER I WAS(IIrFfltED A BI(} PROFIT AND SOLD ri' IN 1978 .... ri' WAS HUCd!I,Y SUCESSFUL... SIN~ IVE ENDEAVOURED TO FIND A SCORE IN MA.NY VEN'IIJRES SOME OOOD SOME NOT..AND NOW I HND MYSELF BOg!:In TO DEATH AND WR,I,ING TO SIT A CHAIR ON YOUR CODE COMlvffrEE....t'FOR I MUST BE SLIFPING ..... I AM ~XTY SEVEN YEARS OF AOE...AND AM STILL EACrER TO TAKI/A CHANCE IN THE WORLD OF SALES....I RAVE WRITI'EN A BOOK ON ~ -!-ING....AND CONSID~ MYSELF ONE iff ~ NATIONS TOP HUCKSTER~ I AM SlFRE THAT I COUI.D BE AN ABLE AND WORTHY MEMBER OF ANY BOARD IN YOUR crfY GOVERNMENT ..... REAL ESTATE LICENSED IN FLORIDA AND IN MICHIGAN....I FORE GO'D THAT BUSINESS AS I FELT THE SAME OLD CUT THROAT TACTICS IN EVERY BROKERAGE I 80 NOW .... YOU MIGHT SAY...I AM RETIRED ..... .BEING INTI/iRF~ IN CODE...I THor ID BETTER APPLY TO SEE IF I COULD BE OF ~ I4V_Lp WITH MY INPUT ..... MICHAEL COSTON /EBRUARY 1997 "-;' ' - BOARD MEMBER APPLICATION 1993 Please iype or prat the followin~ inform~on: HEINLY-BAINER N. Je~ 2. Home Ad~: [ C{~_ ' -" Sm~ zip Code 2905 Salerno Way Delray Beach FL 33445 3. Le~~ a~ Sm~ Zip Code 4. ~ci~ B~s A~: CiW Sm~e Zip Code 1 south Ocean Blvd. 'Boca ~ton ~L 33432 5. H°mePh~( 56~ 499-3102 B~inessPho~: (561) 361-3484 6. What Boat~s)~you inte~ in ~[n~ ' " Nuisance ~atement%Boara or any Board where my extensivt buiiness backgro~d would be of value. ~rev~ous~y. servia 9n trig. Nuls~ce ~a~emen~ ~oara as an Alternate, zor approximately e mort=ns. See at~ached res~e. Plorida' Real Esta%e Broker's 5icens~. ~'~rst-soutnern ~anK, v~ce ~r~Siden~ & Branch Supe~isor . Daily c~unication' and interaction with customers and employees. I hereby ce~ that aR'~e above ~atemen~ are ~e, and I agr~ and un~e~tand ~at any misstatement ~ material ~ ~ntained in ~is appli~on may ~use ~itum upon my pa~ of t.~AR-3O-i999 15:56 FIRSt' SOUT~4~ BA~: -' ~.u_~ u~ N, Jean.Heinl¥ 2905 Salerno Way De/ray Beach, .FL 3344-5 OVERVIEW Resuks-oriented, highly motivated individual with ability to channel energies toward targeted goals. Proven experience in: Sales/Management/Openttions/LeadingfBusiness Development for Commercial Banks ~ Savings & Loan Associations; and Prior Real Estate Sales. EXPERIENCE ,First Southenl Bank, Boca Raron, FL, Vice President, Branch Supervisor of Al A branch and Commercial Lender - g-95 to present, Have managed branch, established a team- oriented stafl~, changed deposit mix per Senior Management's instruction and tint,hit-ri e;.- u£1oan porCt'OLtO. ~ Boca Ratorg FL, Vice President - 5/89 to 8/95. For last 1+ years established and managed MC/VISA Merchant Program ~md Credit Card Issuance Department for bank. From 5/89 to 6/94, was Branch Manager of the Main Office responsible for daily operations, personnel, commercial and installment lending and business development, I was recruited for position by the Bank's President because of my banking connec.?innc in the Boca Raton ~rea. During my c,.ploysn~m at lS~ Unltecl Ban~. ! developed and serviced an $11,000,000 loan portfolio f~om prior customers and their Flagler National Bank, West Palm Beach, IL, Asst. Vice President - 7/84 to 5159. Banking Center Manager of Boca East office, one block from A1A. Responsible for business development, commercial and installment loans, banking center operations and dissemination/implementation of policies established by Senior Management. This position gave me the opportunity to der,lop a customer base with private banking customers and sophisticated business owners. I worked with many professionals and high net worth individuals. My banking style relates well to this clientele since I am adept and cxpgtic.~;cd in all aspects of I~anlclng including, but not limited to, investments, lending, counseling, etc, ! develop close relationships with my customers and gain their respect and loyal. I,IAF,'-~fi-lqq9. 15: 3? F I P. ST $OLITHERI I ,BAI I~: ~-'" P. 04 '0.4 ~. Scan Heinly - Pa~e 2 ; Gould Re. altv ofl:lorida, ln_c., Wellington, FL. Sales Associate/Broker - 3/81 to 6/84. Sold new homes and multi-family units in Wellington. Sales record was $1,260,500 in 1981 (9 months); $2,480,500 in 1982. (#1 salesperson); and $3,532,577 in 1983 (#1 salesperson); and $1,346,202 in 1984 (6 months). Home Federal Savings & Loan Assn,, Palm Beach, FL, Asst. Vice President - 7/78 to 2/81. Managed largest branch at the Palm Beach Mall. Responsible for direct supervision of branch, mortgage and installment loan activities, security and compliance. EDUCATION Windber, PA - High School (Commercial Degree) - Honor Student Univ. of Central FL - Business Management School, 1980 Univ. of FI, (}ainesville, FL - Florida School of Banking - Graduated in top 10% of class in 1987. Real Estate Salesman's License - 1980; Broker's License - 1982 REFERENCES Personal and business available upon receipt. I U IlqL I-'. LI-I FF.'OH : P,_lssell B ._Te,~mingS, Inc. PHOIIE II0. : O Apr. O1 1999 01:53F'I'1 Pi BOARD MEMBER APPLICATION Pleaae type or print the following information: 2. Home Addre0: City State Zip Code 3. Legal Residence Ci~ State Zip Code 4. ~incipal B~ess Address: Ciw State Zip Code 5. Home Phone: (sG{ ) Z~-LSG4 Business Phone: (5GI 6. What Board(s) ~ you"interesi~ in se~'ing? ' 7. List all CiW Boards on which you are ~d~ehtly ~¢ing or ha~e p~viously se~: (Pice include ~tes) 8. _ qualifi~tions: Ed ucafional 9. List any related professional ce~ifi~tions and licenses which yofi hold: ]0. G~ve you~ presen~ or most ~nt emp]oyer, and ~s~fion: ...... 11. Describe ex~rienc~, skills or knoWl~se which ~uali~ you m se~'e on ~is boa~: (PJe~e a~ch a brief' resume'l ] hereb~ ce~i~ fhat aH the above $fatements are t~e, and I agree and understand Chat any misstatement of material fa~s conteined iq.{his ~pplication may cause fo~eitum upon my pa~ of any appointment I may receive, r SIGNATURE ~ ~ [ DAT~ Note: ~is appficafion wiB remaM on file ~ ~e Ci~ Clerk's Office for a ~iod of 2 ye~s ~om ~e date it was submi~ed. It x~li be ~e applicant's resp~sibiliB, to ~sure ~at s c~ent application is on file. 3- BO- 1 '_--,L--.~C-.~ I I : BSAI'4 FROI'4 DELRAi L I BRAR~' B61 266 9'757 P. 2 ·.~"." -~- 3 - 3 o .- o / BOARD MEMBER APPLICATION type ~r ~ the followial~ i~orm~ion: h~by ~ ~at eli ~e ~ove ~te~n~ are ~e, add ~ a~ a~ und~mmnd ~at any CITY OF DELRAY BEACH BOARD MEMBER APPLICATION HOE A~DXESS (Street, City, Zip Code) (LEG~ ~SID~CE) ~N~ BUSI~SS-~D~SS (Street, City, Zip Code) ~ ~ Bo~s ~ you x~s~ ~ sz~v~ ~, ~:~ LIST ALL CIT~ BOARDS ON WHICH YOU ARE CUKRENTLY SERVING OR RAVE PREVIOUSLY SERV~ (Please include dates) ~U~ON~ QU~IFICATIONS ~ LIST A~YEELATED PROFESSIONAL CERTIFICATIONS AND LICENSES ~ICH YOU HOLD GIVE ~OUR PRESENT, OR MOST EECENT EMPLOYER. AND POSITION ~.~ ['t~_~g~' ~ DES~E ~I~CES, SKILLS OR ~O~GE ~ICH QU~I~ YOU TO SERVE ON ~IS ,, ~ A~ A B~EF ~$~. ~~ ~T ~ HISSTAT~ 0F ~TER~ FACTS CO~AIN~ IH ~IS ~PLI~- ~OH ~Y ~USE FO~I~ UPON ~ P~T OF ~ ~POI~T X ~ ~CEIVE.. . ; t DATE ~/~o BOARD MEMBER APPLICATION Please type or print the following information: ..... 1. LastN~me: 05Tt2,.~u~KI Name "' ' ' State Zip Code 2. Home Address: ~, ~t c~ ~ ~T'~.~'-V C~tY"~L~,~,¥ ~c~ F'L_ ~%q'~3 3. Legal Residence ..... Ci/y StaIe Zip Code 4. Principal Business Address: City Slate Zip Code ! 6. What Board(s)areyouinterestedinserving? (P~-~t~d~- '~ 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) 'Educational qualifications: g~ ~. '9. List any reis'ted professional certifications and licenses which you hold: 10. Give your present, or most recent employer, and position: i 1. D~:rlb~-~'~nces, skills' or knowledge, which quali~ you to s~ve on this board: (Please ittach a brief r~sume.) ! hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part any appoint.mept,~I_n[aty~receive ..... ... ' ~ote This a--heat]' ,H?' 'il' ! ' /(//~'g'~/~d~ ''' ! .... : ' pp' 'onwi mainonn e i~ the City3~erk~ s. _Ofi~ce for alperiod of 2 years from the date it was submitted. It will be the applicant's/esponsibflily~to~urrent application is on file. CITY OF DELRAY BEACH BOARD M~M~ER APPLICATION .. NAM~ Wr~. V~ra Scg~t qO9 S.W. 1)th Terr. Delra~ Beach FL 33444 HOHE ADDRZSS (Street, City, Zip Code) (LEGAL R~SIDENCE) i SAME ~NC~ BUSINESS ~D~SS" (S~reet, City,. Zip ~4e) .. HO~ ~ 276-9945 BUSI~S$ 0N ~ ~0~S ~ X0U ~ST~ ~ SERV~G Fuisa~ce Abatement LIST ALL CITY BOARDS ON WHICH ¥0U A~E CURRENTLY SERVING OK HAVE PP. EVIOUSLY SERVED (Please include dates) N/A EDUCATIO~AL QUALIFI~ATION$ .High School Education LIST AF~ RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE ~0~ PEESENT, 0E }{0ST P.~CENT ~LOYZR, ~ POSITION Momemaker DES~E ~ERI~CES, SKILLS OR ~O~G~ ~I~ QU~I~ ~OU TO S~V~ ON ~IS Presently I serve as vice ~resSden% of Delray Beach Me!qh~ ~0meowners Association. 4/90 Vera Scott 909 S.W. 11th TerraCe Delray Beach FL 33444 561-276-9945 Objective: To serve as a member of the Nuisance Abatement Committee. Highlights: · 4 years as vice president of Delray Heights Homeowners Association · 26 years as resident of Delray Beach Heights · community leader (1990 to present) · strong communication skills · ability to work well with others Education: High School Employment: Retired Committees: · former vice president of missionary society · former chairman of benevplence committee · choir member of St. Paul A.M.E and Delray Community Choir · member of Herines of Jericho CITY OF DELRAY BEACH BOARD MEMBER APPLICATION LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) CITY EDUCATIONAL QU~IFICATIONS LIST AN~ I~LATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU BOLD GIVE ]~OUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION DESCKIBE ~-'XPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON T~IS P~ A~ACH A BRIEF ~S~. I ~X CERTI~ ~T ~L ~E ~0VE STAT~NTS ~E~ ~T ~ MISSTAT~NT OF ~TER~ FACTS CONTAIN~ IN ~IS ~PLICA- TION ~Y ~USE F0~I~E UPON 4190 CLII:FORI) P. WRIGHT, JR. 3930 Low,on Boulevard Delray Beach, Florida 33445 (561) 637-0087 (Home) 9SJ~VTr~: PROFESSIONAL PROFILE: · Highly organized and dedicated ~th a positive attitude. · Outstanding abilil}- to communicate with all levels ofmanagemen! in a high~' professional manner. · Team player ~th leadership qualities. · Negotiate w-ith clients in a professional manner. 1988- P~s£.x7 ACCOUNT ]blANAGER BellSouth Business Svmems. West Palm Beach, FL. Identify customer applications, design and sell CPE equipment, network services such as voice, data, video and lan/wan services. · Responsible for 400 customers in an assigned territory to market and develope network sen,ice applications. Exceeded annual sales objectives by 244 % in 1985-1992. · Top one percent of sales within BellSouth Region in 1990-1991. · Successfully negotiated contracts for American Ex'press, Idelman Telemarketing, Palm Beach Atlantic College and Joseph l~.Seagrams & Sons. · Resolve customer problems of technical and billing concerns in a timely manner to assure continued customer satisfaction. · Presentations to customers and business affiliates on new applications. 1983-I 988 ACCOUNT EXCUTIVE AT & T, Miami, FL. · Respons~31e for negotiating the sell and implementation of CPE equipment in an assigned terrritory. · Team leader ofx,arious projects to ensure overall customer satisfaction. · Achieved quota I~.' 150% annuaNy. · Winner of Achievers Club fi~m 1984-1987. 198 I- 1983 TECHNICAL CONSULTANT/ENGINEER Southern Bell, Miami, FL. · Designed ~ coordinated the implementation of customer ne~'orks and CPE. · Liason belweea marketing and instal~tion departments to ensure customer satisfaction. EDUCATION BS Degree- Electrical Engineering, 1980 Tennessee State Universiv,., Nashville,Tenn. Completion of BellSouth Data Curriculum PREPARED 3/11/99, 10:39:31 CASE HISTOR PROGRAM CEZ00L CASE NUMBER 9 CASE TYPE DATE ESTBL ADDRESS INSPECTOR gAgE- DATA; INgPggT- ~ .... DAT~ MAY g4. i~9G93 3/29/93 LANDSCAPE INSPECTION COMPLETED 12/01/93 SECOND NON-CONF LANDSCAPING MAILED $/31/95 NON-CONF LAND VIOLATION NOTICE MAILED ~/lO/~ SERVICE VERifiED COMFLETED NARRATIVE: ~i0 ............................ RSi, T TEXT: NC, SUBMIT TO CB:B, 10/gS/0[ ~O~MAL ~EA~iNG NOTICE MAILED 11Z8197 CODE ENFORCEMENT BOARD MEARING COMPLETED NARRATIVE: IZ0 DAYS TO COMPLY ~F: ~ZS PER [/07/97 BOARD ORD~':R INSPECTION COMPLETED $/10/97 ~ONCOMPLIAN~E ~EARING NOTICE MAILED ~,'Z~/'~7 gGDE ENFOR~EMENi 3OA~D ~EA~iNG ~OMP~ NARRATIVE: GIVEN 90 DAYS EXTENSION. RQST TEXT: NC RSLT TEXT: NC 12/10/97 NONCOMPLIANCE ~EARING NOTICE MAILED 4/Z8/98 CODE ENFORCEMENT BOARD HEARING COMPLETED i~A~RATiV~i GIVEN ~ DAYS EXTENSION, 7/08/98 BOARD ORDER INSPECTION COMPLETED 7/0g,'~g I~ONCOMFLIANC~ :I~ARIN~ NOTIC~ MAILED 10/27/98 CODE ENFORCEMENT BOARD HEARING COMPLETED NARRATIVE~ ~IVEN $0 DAYS EXTENSION, 1/10/99 BOARD ORDER INSPECTION COMPLETED 1/13/99 NONCOMPLIANCE HEARING NOTICE MAILED .- .::.:: . ~ : . 3/30/93 MINIMUM LANDSCAPE REQUIREMENTS 1 4.6.1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM /O~ - REGULAR MEETING OF APRIL 6, 1999 ORDINANCE NO. 9-99 (AMENDING CHAPTER 100, "NUISANCES") DATE: MARCH 31, 1999 This is second reading and a public hearing for Ordinance No. 9- 99 which amends Chapter 100, "Nuisances", of the City Code to clarify and amend certain procedures and notice requirements regarding abatement of nuisances. It also provides for the abatement of recurring nuisances in a timely manner. The major changes contained in the ordinance are: (1) Compliance periods 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 mail. (3) Nuisances which recur in a 12-month period can be immediately abated without the necessity to first mail a notice. The proposed changes will allow for more prompt action by the Code Enforcement Division in abating nuisances. The ~ity Commission reviewed these changes in concept at the January 12th workshop and directed staff to proceed with the enacting ordinance. At first reading on March 16, 1999, the Commission passed Ordinance No. 9-99 by a vote of 4 to 1 (Mr. Randolph dissenting). Recomraend approval of Ordinance No. 9-99 on second and final reading. ref: agmemo8 s / ci t ycl er k/agenda99/agmemo8 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: (A) For purposes of this sccticn chapter, the terms lot, tract and parce_t 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 subchapter. 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 10C.21 NOTICE OF PUBLIC NUISANCE REQUIRED. (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 an~ 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 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. 2 Ord. No. 9-99 (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 violasion, 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 Count~? 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 5he 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 10C.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. (4) 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 3 Ord. No. 9-99 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. (5) The approximate range of cost for the City to correct the nuisance condition, exclusive of administrative costs, interest, collection costs or attorney's fees. (6) 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. (7) 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. (8) Appeal dates and procedures for a Notice of Public Nuisance shall be as follows: (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. 4 Ord. No. 9-99 (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 '2he 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: Section 10¢.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 5 Ord. No. 9-99 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. ii. 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. iii. 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. iv. 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 ycar!y 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 8. 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 o~ the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9. 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 6th day of April , 1999. ATTEST: First Reading March 16, 1999 Second Reading April 6~ 1999 8 Ord. No. 9-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM /~ - REGULAR MEETING OF APRIL 6, 1999 ORDINANCE NO. 10-99 (SPECIAL ASSESSMENTS) DATE: MARCH 31, 1999 This is second reading and a public hearing for Ordinance No. 10-99 which repeals Article 8.4, "Public Improvements and Special Assessments", of the Land Development Regulations and replaces it with a new Article 8.4 entitled "Special Assessments" The purpose of the amendment 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: 1 ) ~he items for which the City may declare a special assessment are expanded to include essentially any public improvement; 2) The type and scope of the resolutions creating the district are clarified; and 3) Due process and notification requirements are established in conformance with applicable state statutes. Approval of the proposed ordinance 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. The Planning and Zoning Board considered the text amendment at a public hearing on March 15, 1999, and voted unanimously to recommend approval based on a finding that it is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. At first reading on March 16, 1999, the Commission passed Ordinance No. 10-99 by unanimous vote. Recommend approval of Ordinance No. 10-99 on second and final reading. s/cityclerk/agenda99 agmemo 9 ' 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 DELRAY 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. W~EREAS, the City Commission has determined that special assessments are a valuable funding source for certain improvements; and 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 IJUTD DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY 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: ARTICLE 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, 9utters, 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, signa9e, 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, -firc prct~cticn, e~er~n~y medicn~l · , 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 PreliminarfAssessment 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 PreliminaryAssessment Roil: Upon the completion of said preliminary assessment roll, the City Commission shall ~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 ~n 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 I~EANNING~IAND ~'0:N'iN~ BOARD MEMoRANDuM STAFF~ REpoRT MEETING OF: MARCH 15, 1999 AGENDA ITEM: IV.G. AMENDMENT TO LDR ARTICLE 8.4 REGARDING SPECIAL ASSESSMENTS I!.. ~.~: ~ ~:~:~ ~ IT:EM B EEORE~:~T H E. BOA R D ~ :. 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. ~". :. = B=ACKGROuND' 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: a 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 c~ 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 Ida 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: g] Memorandum from Assistant City Attorney Brian Shutt E] Proposed Ordinance S:Planni/reports/LDRSpecialAssessment CffY ATTORNEY'S OFFICE TELEPHONE 56i;'243-7090· FACSIMILE 561 "~_,~-~ Writer's Direm Linc: 561/243-7091 DELRAY BEACH Ml.~dca City ~MO~D~ ]~gJ~g'gg' DATE: March4,1999 ~ TO: Diane Dominguez, Direr Pla~ng and Zo~ng FROM: - Brian Shutt, Assistam City Attorney SUBJECT: Revisions to Special Assessment Chapter Our o~ce has revised ~ticle 8.4 of the Land Development Regulations concernin~ special assessments. The following is a list of the major changes: · ~e items ~at ~e Ci~ may declare a special assessment for is increased to basically provide that ~e City Co~ission may declare a special assessment on any improvement · ~e process is more clearly stated as to what resolutio~ are required and the scope of ~e resolutions · due process and publications requirements are set fo~ to co~espond to ~e current stamto~ requirements on special assessments These are ~e major changes to A~icle 8.4, "Special Assessments". If you have any questio~ please call. ..q. ECEIVED HAR 0 § 1999 pL/kJ~liq,;~t(~ & ZOiqlNG 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 DELRAY 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 Conunission 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 has 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: ARTICLE 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-street 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. - 2 - Ord. No. 10-99 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, 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. (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 Making 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. - 3 - Ord. No. 10-99 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. 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 Ord. No. 10-99 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. 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. - 5 - Oral. No. 10-99 Section 8.4.4 Preliminary Assessment Roil: 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 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 Preliminar~ Assessment Roil: Upon the completion of said preliminary assessment roll, the City Commission shall by 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 (30) 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. Ord. No. 10-99 Section 8.4.6 Final Consideration of S~ecial 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. 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 Legal Proceedings: 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. O~.No. I0-99 -- 7 ~ 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. 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 passage on second and final reading. - $ - Ord. No. 10-99 PASSED AND ADOPTED in regular session on second and final reading on this the 64 day of April, 1999. ATTEST: ~ City cler~-~ ~ First Reading March 16, 1999 Second Reading April 6, 1999 - 9 - Ord. No. 10-99 TO: DAVID T. HARDEN CITY MANAGER ~'~ ~ DEPARTMENT OF PLAI~NIN(~ AND ZONIN~) SUBJECT: MEETING OF APRIL 6, 1999 REZONING FROM R-1-A (SINGLE FAMILY) TO CF (COMMUNITY FACILITIES) FOR BAR AND FERG'S ACADEMY~ WHICH IS LOCATED SOUTH OF STERLING ROAD, BETWEEN SW 4~" AVENUE AND SWINTON AVENUE AND CONTAINS APPROXIMATELY 0.7 ACRES At its meeting of December 4, 1984, the City Commission approved a conditional use request to allow the establishment of a child care facility (including kindergarten) within the R-1-A zone district for Bar and Ferg's Academy. The academy currently occupies Lots 2-6, Block 2, Southridge subdivision. The academy wishes to expand its operation to the west onto Lot 7 for the addition of an elementary school. Elementary schools are not allowed in the R-1-A zone district, therefore the applicant is requesting that the subject property be rezoned from R-1-A to CF (Community Facilities). Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of March 15, 1999, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the rezoning. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Eliopoulos absent) to recommend approval of the rezoning from R-1-A to CF for Bar and Ferg's Academy, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. I By motion, approve the rezoning from R-1-A to CF for Lots 2-7, Block 2, Southridge subdivision for Bar and Ferg's Academy based upon the findings of the Planning and Zoning Board, and setting a public hearing date of April 20, 1999. Attachments: P& Z Staff Report and Documentation of March 15, 1999 ^ , r~ 15'1" ~ ORDINANCE NO. 15-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (RESIDENTIAL SINGLE FAMILY) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOTS 2 THROUGH 7, INCLUSIVE, BLOCK 2, PLAT I OF 2, SOUTHRIDGE, LOCATED ON THE SOUTH SIDE OF STERLING AVENUE, APPROXIMATELY 150 FEET WEST OF SOUTH SWINTON AVENUE, AS THE SAME IS MORE PARTICULARLY 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 R-1-A (Single Family Residential) District; and WHEREAS, at its meeting of March 15, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item 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 CF (Community Facilities) District for the following described property: Lots 2 through 7, inclusive, Block 2, Plat 1 of 2, SOUTHRIDGE, according to the Plat thereof as recorded in Plat Book 13, Page 38 of the Public Records of Palm Beach County, Florida. The subject property is located on the south side of Sterling Avenue, approximately 150 feet west of South Swinton Avenue; containing 0.70 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 ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST:. City Clerk First Reading Second Reading -2- Ord. No. 15-99 S.W. 9TH ST. S.W. 10TH STREET .10 I CF r- r DELRA Y PLACE PINE GROVE 'ii CONDOS ELEMENTARY ~CHOO, CF .~ FIM i W1LSON AVE. ~__ REtGLE AVENUE FALL RIDGE ~ RM '~1~ ~,o~o~ H H OF DELRA Y STERLING AVENUE CENTRAL AVl[. M M TRL PRK SOUTHRIDGE ROAD GULF STREAM COMMERCIAL CENTRE C LINTON TRUSS LINTON THE RIDGE PLAZA CONDO COUNTY A T SANITATION DELRA Y p PC SELF S ONE LIN TON ~ - REZONING - o~ e¢ ~:,R^¥ B£AC., rL FROM: R-I'A (SINGLE FAMILY RESIDENTIAL) TO: CF (COMMUNITY FACILITIES) PLANNING A, ZONING D[PARTM£NT PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 15, 1999 AGENDA ITEM: IV.D. ITEM: Rezoning From R-1-A (Single Family Residential) to CF (Community Facilities) Zoning District for a Parcel of Land Located on the South Side of Sterling Avenue, Approximately 150 Feet West of South Swinton Avenue For Bar and Ferg's Academy. - $.W. ,Sf~ ST. I , Owner .............................. Ma~ Ann Ferguson [~1 (,~ I=, j? . . ApplicanEAgent ............... Gerald B. Church Location .......................... South side of Sterling Avenue, S.W. 10~ S~EET - approximately 150 feet west of ~ ~ ~, ,r ]~ South Swinton Avenue ........ / Future Land Use Map ..... Low Density (0-5 d.u./ac.) Current Zoning. R-1-A (Single Family ~~ /~ ~i/~ ............... Residential) ~-~ -- / ~ / ¢ L Proposed Zoning ............. CF (Community Facilities) I'~ t'1 Adjacent Zoning .... No~h: R-1-A East: R-1-A ~,¢.~ .~..~ '" ~ '.,- South: c~ ~~*~,/ West: CF Existing Land Use ........... A 4,431 sq. fl. building with 5 classrooms, 11 parking spaces, GULF student drop-off area, and dumpster enclosure. ' Z ' Proposed Land Use ........ Rezoning to a more appropriate Zoning Designation to accommodate a private I ¢~,r~r,o~ I~ I ' . ,' . Water Semice ................. ~xistin~ on Site. Sewer Se~ice ................. Existing on Site. s~c~, S~L~ SPC~C~ L~N TON BOULE VAR 0 IV.D. The action before the Board is making a recommendation on a rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) for Bar and Ferg's Academy. The subject property is located south of Sterling Road between SW 4th Avenue and Swinton Avenue, and contains approximately 0.7 acres. Pursuant to 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 zoned R-1-A (Single Family Residential) and involves Lots 2-7, Block 2, of Southridge subdivision. At its meeting of December 4, 1984, the City Commission approved a conditional use request to allow the establishment of a child care facility (including kindergarten) on Lots 2-6 for Bar and Ferg's Academy. The approval was conditioned upon a maximum capacity of 71 students. The academy wishes to expand its operation to the west onto Lot 7 for the addition of an elementary school. Elementary schools are not allowed in the R-1-A zone district, therefore the applicant is requesting that the subject property be rezoned from R-1-A to CF (Community Facilities). Under the CF zone district private schools are allowed as a conditional use, which is discussed under a separate report. The development proposal is to rezone Lots 2-7, Block 2, of Southridge Subdivision, from R-1-A to CF for Bar and Ferg's Academy. Currently, the site contains a 4,431 square foot building with 5 classrooms, 11 parking spaces, student drop-off area, and dumpster enclosure. The development proposal involves a 1,978 square foot building addition to be located along the west side of the building, which necessitates the relocation of the existing parking lot and dumpster enclosure to the west of the proposed addition. The new parking lot will consist of 18 parking spaces. The expansion will accommodate 2 classrooms and 54 students (grades pre-school through 6th) for a total capacity of 125 students. P&Z Staff Report Rezoning from R-1-A to CF for Bar and Ferg's Academy Page 2 I I 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 to 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 Future Land Use Map designation for the subject property is Low Density Residential. The requested zoning change is from R-1-A to CF. Pursuant to LDR Section 4.4.21(A), the proposed zoning designation of CF is deemed consistent with all land use designations including the existing Low Density Residential Future Land Use Map designation. Pursuant to LDR Section 4.4.21(D)(2), schools are allowed as a conditional use. 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. Streets and Traffic: A traffic impact study was submitted with the request. Under the current R-1-A zoning designation a single family dwelling could be built on the unimproved lot. Traffic generation rates for single family homes are 10 ADT. The increase in enrollment by 54 students will generate 183 additional trips per day. Thus, there is a net potential increase of 173 ADT from the proposed rezoning. The adjacent roadway links are not over or at capacity and the project meets the criteria outlined in Palm Beach County Traffic Performance Standards. Therefore, there should be little or no impact on this level of service standard. Water and Sewer: Water and sewer service is available to the site via a 6" water main and an 8" sewer main located within Sterling Avenue right-of-way. The rezoning from R-1-A to CF will slightly increase water and sewer demands, however, there is adequate capacity at the existing facilities to accommodate this development proposal. P&Z Staff Report Rezoning from R-l-^ to CF for Bar and Ferg's Academy Page 3 Parks and Recreation: Parks and Recreation dedications do not apply to non-residential developments. Solid Waste: The proposed 1,978 square foot expansion will generate 10.6 tons of solid waste per year. A single family dwelling would generate 1.99 tons of solid waste per year. While there is a net increase in solid waste generation (8.61 tons), the Solid Waste Authority indicates in its annual report that the established level of service standards for solid waste will be met for all developments until 2021. 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: A) That a rezoning to other than CF within stable residential area shall be denied. The subject property is located within a neighborhood classified as "Rehabilitation" in the Housing Element of the Comprehensive Plan, and is being rezoned to CF. Therefore, the above standard does not apply. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is bordered by the following zoning designations: to the south and west, by CF zoning; to the north and east by R-1-A zoning. The surrounding land uses are: to the south and west by a residential office; to the east by a retention area; and to the north by single family residences. The daycare/school is located on the perimeter of a residential neighborhood and has not experienced any compatibility problems to date. There are no compatibility concerns with the retention area located to the east or the residential/office use to the west and south. The existing playground area is to remain on the east side of the property and is not being expanded. Therefore, no additional noise from the playground area should be generated by this P&Z Staff Report Rezoning from R-I-A to CF for Bar and Ferg's Academy Page 4 development proposal. Other than a minor increase in trafffic due to the addition of 40 students to the existing facility, no compatibility concerns are noted. Section 2.4.5(D)(5) (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 fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant submitted a justification statement as a part of the rezoning application. The statement indicates that the applicable reason is "c". The justification statement is summarized below: "The School was built in 1986 .... The comer lot to the east is used as a drainage retention area. The contiguous property to the south is zoned Residential Office [Note: This was recently changed to CF] and there are other mixed uses in the neighborhood. In consideration of the existing uses in the area and the fact that the school was constructed with the existing residential uses, a CF rezoning is appropriate." Comment: The justification statement addresses Item "c" as the basis for which the rezoning should be granted, that the 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 rezoning will accommodate the expansion of an existing childcare facility and private school, which has co-existed with the neighborhood for nearly 13 years. The facility services the children in the adjacent residential neighborhoods, which is a needed use in the community. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. Compliance with Land Development Regulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the Land P&Z Staff Report Rezoning from R-1-A to CF for Bar and Ferg's Academy Page 5 Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. The applicant has submitted a Sketch Plan. While the submitted sketch plan is not being formally considered at this time, the following comments are provided. LDR Section 4.4.2t (H) CF District Special Regulations: When this district (CF) is adjacent to residential zoning, the perimeter landscape area should be 15'; or, as an alternative, a wall, decorative fencing, or hedging should be installed for aesthetic and buffering purposes. This would apply along the north and east property lines. While modifications are not being proposed at this time along these property lines (except for Lot 7), it would be appropriate for the existing landscaping to be upgraded to comply with this special regulation. This item is further discussed in the Conditional Use report. LDR Section 6.1.3 Sidewalks: A 5' wide sidewalk exists along the south side of Sterling Avenue except in front of this development. As part of this development proposal a sidewalk will be required along the frontage of the property that ties into the existing sidewalks that dead-end at the east and west property lines. The rezoning is not in a geographical 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. A special certified notice has been sent to each of the property owners of record. Courtesy Notice: Courtesy notices have been sent to the following homeowner's and civic associations. · PROD · Woods of Southridge Homeowners Association Letters of objection or support, if any, will be presented at the P & Z Board meeting. P&Z Staff Report Rezoning from R-1-A to CF for Bar and Ferg's Academy Page 6 The request is to rezone Lots 2-7, Block 2, Southridge Subdivision, from R-1-A to CF to accommodate an expansion for Bar and Ferg's Academy. The CF zone district will allow the establishment of an elementary school with a capacity of 125 students. The CF zoning district is consistent with the Low Density Residential FLUM designation. Positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings) can be made that the CF 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, as it is currently utilized as a child care facility and private school. ALTERNATIVE ACTIONS: A. Continue with direction. B. Recommend approval of the rezoning of the subject property from R-1-A to CF, based on positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1 (Required Findings), and Section 3.3.2 (Standards for Rezonings) of the Land Development Regulations, and policies of the Comprehensive Plan. C. Recommend denial of a rezoning, based on a failure to make positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings). Recommend approval of the rezoning request for Lots 2-7, Block 2, Southridge Subdivision for Bar and Ferg's Academy from R-1-A (Single Family Residential) to CF (Community Facilities), based upon positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachments: · Survey and Sketch Plan