The URL can be used to link to this page

Agenda Reg 11-05-02City of Delray Beach Regular Commission Meeting Tuesday, November 5. 2002 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section, 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. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate tn and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 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. 2. 3. 4. 5. ROLL C~T.T.. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: October 15, 2002 - Regular Meeting October 28, 2002 - Special Meeting PROCLAMATIONS: Commending Detective John Young - Delray Beach Police Department Commending MAD DADS Street Patrol Harbor's Edge - Gold Seal Award Beth Daniel Day - November 18, 2002 PRESENTATIONS: ho B0 Recognizing and welcoming our Student Exchange Delegation from our Sister City, Miyazu, Japan Old School Square -Joe Gillie Economic Impact/Bad Boys II Filming - Chuck El&rd, Palm Beach County Film Commission La Paloma Homeowners' Association -Janie Ramirez CONSENT AGENDA: City Manager Recommends Approval. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of October 17, 2002. FINAL SUBDMSION PLAT APPROVAL/THE LEGACY: Approve the subdivision plat for the Legacy at Sherwood Forest, located on the south side of Atlantic Avenue; on the east and west side of Sherwood Forest Drive. Co FINAL SUBDMSION PLAT APPROVAL/SWINTON GARDENS: Approve the subdivision plat for Swinton Gardens, located on the northwest comer of S.W. 102 Street and Swinton Avenue. -2- 11-05-2002 D0 Fo G0 Ho Ko FINAL SUBDIVISION PLAT APPROVAL/OCEAN BREEZES: Approve the subdivision plat for Ocean Breezes, located on the east side of A-1-A and north of Linton Boulevard. RESOLUTION NO. 86-02: Approve Resolution No. 86-02 abandoning right-of-way for the 60 feet wide north extension of N.W. 23~d Avenue (originally platted as S.W. 23~ Avenue), lying north of West Atlantic Avenue, approximately 120 feet west of the LWDD E-4 Canal within the Replat of Breezy Ridge Estates Subdivision. RESOLUTION NO. 87-02/ABANDONMENT AND ACCEPTANCE OF UTILITY EASEMENTS: Approve Resolution No. 87-02 abandoning a portion of a 6 foot wide utility easement, lying within Lot 8, and Lot 35, Block 2 of Southridge and acceptance of a 10 foot wide utility easement, located along the west side of Lot 35, the front of Lots 35 through 40, and the east side of Lot 40, Block 2 of Southridge. RESOLUTION NO. 89-02: Approve Resolution No. 89-02 supporting the Florida Department of Transportation and its affiliated regional transportation agencies (RTO/RTA) to recommend strategic investment in the FEC Corridor area to expand local and regional passenger service to meet the growing transit needs and compliment freight industry growth in the Southeast Florida area. ACCEPTANCE OF A RIGHT-OF-WAY DEED/VINTAGE ROSE; Approve and accept a 5 foot right-of-way deed for the west side of N.E. 1st Avenue associated with the Vintage Rose, located at the northwest comer of N.E. 1st Avenue and N.E. 1st Street across from Old School Square. ACCEPTANCE OF A RIGHT-OF-WAY DEED/RUB-A-DUB (3AR WASH; Approve and accept a right-of-way deed associated with Rub-A-Dub Car Wash, located at the southwest comer of S.E. 5~ Avenue and S.E. 72 Street. SERVICE AUTHORIZATION NO. 15/MATHEWS CONSULTING. INC.: Approve Service Authorization No. 15 to Mathews Consulting, Inc. in the amount of $23,157.00 for consulting services for the rehabilitation of Lift Stations #19, #57, and #80. Funding is available from 442-5178-536-61.83 (Lift Station Conversion/Submersible). SERVI(3E AUTHORIZATION NO, 9/CH2M HILL, INC.: Approve Service Authorization No. 9 in the amount of $27,970.00 to CH2M HILL, Inc. for professional services for consumptive water use permitting and ground water modeling. Funding is available from 442-5178-536-31.30 (Engineering/Architectural). PURCHASE OF NETDELIVERY SOFTWARE; Approve the purchase of the NETdelivery software in the amount of $49,750.00 for the Delray Beach Police Department for preparation and electronic transmission of police reports. Funding is available from 115-2112-521-66.10 (Software). 11-05-2002 Mo N0 Oo P0 T0 RATIFICATION OF THE MEMORANDUM OF UNDERSTANDING/PROFESSIONAL FIREFIGHTERS AND PARAMEDICS, LOCAL 1842 IAFF: Approve and ratify the Memorandum of Understanding with the Professional Firefighters and Paramedics of Delray Beach, Local 1842 IAFF, Collective Bargaining Agreement. RATIFICATION OF THE MEMORANDUM OF UNDERSTANDING/NATIONAL CONFERENCE OF FIREMEN & OILERS (NCF&O), LOCAL 1227; Approve and ratify the Memorandum of Understanding with the National Conference of Firemen and Oilers (NCF&O), Local 1227, Collective Bargaining Agreement. RATIFICATION OF THE MEMORANDUM OF UNDERSTANDING/POLICE BENEVOLENT ASSOCIATION: Approve and ratify the Memorandum of Understanding with the Police Benevolent Association Collective Bargaining Agreement. PROJECT AGREEMENT/F.I.N.D: Approve an agreement between the City of De[ray Beach and the Florida Inland Navigational District (FIND) for the construction of two (2) seawall parks at the intersection of the Intracoastal Waterway with S.E. 3~a Street and N.E. 4th Street, featuring a 50' seawall, signage, bench and garbage can along with informal, non-boat access to the Intracoastal Waterway. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art &Jazz on the Avenue scheduled for December 12, 2002 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and elean up, and use/set-up of City stages. MOTION TO STAY/ORDINANCE NO. 13-02(A): Approve continuance of the Motion to Stay request regarding the second reading of Ordinance No. 13-02(A). RATIFICATION OF APPOINTMENT OF VICE-CHAIR OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD; Ratify the appointment of Kevin McCarty as Vice-Chair of the Community Redevelopment Agency Board. CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an agreement between the City of Delray Beach and Chris Evert Charities, Inc. for the Chris Evert Pro-Celebrity Tennis Classic to be held at the Tennis Center on November 22-24, 2002. -4- 11-05-2002 Uo BB. SERVICE AUTHORIZATION NO, S/LAWSON, NOBLE & WEBB: INC.: Approve Service Authorization No. 5 to Lawson, Noble & Webb, Inc. in the amount of $74,632.59 for design and construction documents for sidewalks. Funding is available from 334-3162-541-65.61 (Downtown Pedestrian Network). TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS GROUP, IN(;,: Approve a consulting agreement with JCD Sports Group, Inc. in the amount of $18,000.00 for the period of December 1, 2002 through November 30, 2003. Funding is available from 001-4210-575-34.90 (Tennis Center Special Events/Other Contractual Services). COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements with two (2) subrecipients (The Center for Technology, Enterprise and Development, Inc. and the Delray Beach Community Development Corporation, Inc.) under the Community Development Block Grant (CDBG) program for FY 2002, with the total funding in the amount of $75,000.00 from the City's CDBG fund. LETTER OF COMMITMENT/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve a request from the Florida DepaxLment of Transportation (FDOT) for a letter of commitment from the City of Delray Beach for landscape maintenance of plant materials along A-I-A, between Linton Boulevard and George Bush Boulevard. DONATION/COMMUNITY NEIGHBORHOOD HELPING. INC.: Approve the donation of the used Police Department DARE van to Community Neighborhood Helping, Inc. CANCEI.L&TION OF CONTRACT/LOXAHATCHEE TRACTOR SERVICE, INC.: Approve cancellation of contract with Loxahatchee Tractor Service, Inc. for lot clearing and mowing for Code Enforcement and authorize staff to re-bid contract. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 14, 2002 through November 1, 2002. AWARD OF BIDS AND CONTRACTS: Purchase award to DGG Taser Company in the amount of $19,369.00 for the purchase of twenty (20) additional M-26 Advanced Air Tasers for the Police Department. Funding is available from 115-2112-521-49.90 (Federal Asset Forfeiture Account). Purchase award to Caswell Detroit Armor in the amount of $30,950.00 for the purchase of a new range targeting computer system for the Police Depa~m,ent. Funding is available from 115-2112-521-64.90 (Federal Asset Forfeiture Account). 11-05-2002 Contract award to U.S. Filter Distribution Group in the amount of $38,569.22 for the purchase of required materials to connect the new force main to the existing system. Funding is available from 441-5181-536-63.74 (Water/Sewer Fund/Intracoastal Sewer Crossing). Purchase award to Monroe Infrared Technology in the amount of $21,495.00 for the purchase of a Thermal Imaging camera. Funding is available from 441- 5143-536-64.90 (Other Machinery/Equipment). Purchase award to Maroone Dodge in the amount of $15,862.00 via the Florida Sheriff's Association and Florida Association of Counties Bid #4 for the purchase of a 2003 Dodge Intrepid police vehicle. Funding is available from 501-3312-591-64.20 (Vehicle Replacement Fund). REGULAR AGENDA: A0 APPEAL OF HISTORIC PRESERVATION BOARD DECI$ION; Consider an appeal of a decision of the Historic Preservation Board's action regarding the existing accessory structure located at 610 North Ocean Boulevard (Fontaine Fox House). (Quasi-Ju&'cial Hearfi~g)- Request for postponement received DELRAY BEACH LIBRARY/INTER-LOCAL AGREEMENT: Consider approval of an interlocal agreement between City of Dekay Beach, Community Redevelopment Agency (CRA), Dekay Beach Public Library Association, Inc. and Palm Beach County for shared parking regarding the rdocation of the library. REOUEST FOR FUNDING/PERFECT RESULTS, INC.: Consider a request from Perfect Results, Inc. for financial support in the amount of $10,000.00 for the C. Spencer Pompey Tribute Video. D0 CONDITIONAL USE REQUEST/GULFSTREAM BUSINESS BANK: Consider a request for conditional use approval to allow the establishment of a bank with a drive-through facility for Gulfstream Business Bank at Atlantic Plaza, located at the northeast comer of east Atlantic Avenue and N.E. 72 Avenue. (Qnasi-Ju&kial Heading) CONDITIONAL USE REOUEST/SAZERAC BISTRO & MARTINI BAR: Consider a request for conditional use approval to allow the establishment of a late night business located within 300 feet of residentially-zoned property for Sazerac Bistro & Martini Bar at Lake Ida Plaza, located at the southwest comer of Lake Ida Road and Congress Avenue. (Quasi-Juch'cialHeadng) F° WAIVER REQUEST TO REDUCE PAVEMENT WIDTH/THE LEGACY: Consider a request to waive LDR Section 6.1.2 (C) to reduce the pavement width from 24 feet to 22 feet for the residential streets located within the Legacy at Sherwood Forest Development, located at the southeast and southwest comers of West Atlantic Avenue and Sherwood Forest Drive. (Quasi-Juch'cial Heating) -6- 11-05-2002 REOUEST FOR IN-LIEU PARKING SPACES/DOWNTOWN LOFTS; Consider a request by Downtown Lofts for the purchase of three (3) M-lieu parking spaces in the amount of $36,000.00. Downtown Lofts is located on the east side of S.E. 4~h Avenue, between S.E. 1st Street and S.E. 2"d Street. REOUEST TO REDUCE LIENS/ANDREW RICHARDS; Consider a request from Mr. Andrew Richards to waive the interest and administrative fees in the amount of $5,107.22 assessed for abating nuisances on property he acquired by purchasing Tax Deeds. The property is located at 1410 N.W. 2"a Street. Mr. Andrews is prepared to pay the remaining lien of $1,556.94. Staff recommends denial. REOUEST FOR WAIVER OF SPECIAL ASSESSMENT/SOUTHRIDGE VII J-&GE (~ONDOMINIUM: Consider a request from Mr. Eli Behar to waive the special assessment on Southridge Village Condominium. RESOLUTION NO. 88-02: Consider approval of Resolution No. 88-02 establishing the Bicycle/Pedestrian Task Force consisting of seven (7) members with a sunset date of May 31, 2003. The City Commission will appoint the membership at the November 19, 2002 meeting. DECLARATION OF UNITY OF TITLE/DELRAY BEACH t~LUB; Consider approval of a request from Delray Beach Club regarding acceptance of an irrevocable Declaration of Unity of Tide, Restriction, and Covenant as a voluntary restriction on density. AMERICAN LA FRANCE/MEDICMASTER; Consider authorization to cancel the remaining purchase orders for the MedicMaster contract for emergency care vehicles due to defectiveness and file suit to recover monies spent in the amount of $142,550.00. PROPOSAL FOR SETTLEMENT/JOHNSON v. CITY: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in the Johnson v. City of Dekay Beach case. Staff recommends acceptance. REIMBURSEMENT/HEALTH INSURAN(3E: Consider a request to reimburse City of Delray Beach employees not in bargaining units for the dependent health insurance premium increase in an amount not to exceed $30,000.00 for the period covering the first payroll in February 2002 to the last payroll in October 2002. Funding is available from 551-1575-591-99.01 ('Risk Management Project Reserve). CONTRACTED POSTAL UNIT/DOWNTOWN DELRAY BEACH; Consider a request from Pineapple Grove Main Street, Inc. regarding a contracted postal unit in Pineapple Grove that serves downtown Dekay Beach. -7- 11-05-2002 10. PUBLIC HEARINGS: 11. 12. 13. 14. MASTER DEVELOPMENT PLAN: Consider selection of a developer for 54 acres of City owned properties between Barwick Road and Military Trail. The City received proposals from Centex Homes - Southeast Florida Division (Submittal A), Lennar Communities of South Florida, Inc., Continental Homes of Florida, Inc., and Westbrooke Companies, Inc. RESOLUTION NO. 85-02: Consider approval of Resolution No. 85-02 authorizing the City to purchase property lying within the LWDD L-33 Canal in an amount not to exceed $30,000.00, and providing an easement on the south side of the LWDD L-33 Canal. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOI.I.OWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: A. NONE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of Coral Trace Homeowners' Association, Inc. vs. the City of Delray Beach. Attendees: Mayor David Schmidt Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson City Manager David Harden City Attorney Susan Ruby A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. 11-05-2002 15. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of the City of Delray Beach vs. M & P Concrete. Attendees: Mayor David Schmidt Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson City Manager David Harden City Attorney Susan Ruby Bill Doney, Esq., Counsel for the City A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. 16. SETTLEMENT OF CITY OF DELRAY BEACH v. M&P CONCRETE; Consider settlement of the referenced matter. PO8TED: NOVEMBER 1, 2002 -9- 11-05-2002 OCTOBER 15~ 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 15, 2002. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor David W. Schmidt Absent - Commissioner Jeff Perlman Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attomey Brian Shutt, Assistant City Attorney Barbara Garito, City Clerk Mayor Schmidt announced that Bob Evans passed away this weekend and stated he worked in the Police Department as a Police Information Specialist from June 1987 until retiring in 1994. After retiring, Mr. Evans returned a year later continuing as a volunteer for the Police Department and volunteered for a total of 14 years; 11 of those years he volunteered in the Criminal Investigations Department. Mr. Evans was very dedicated and well liked by everyone. Mayor Schmidt stated in recognition of his service to the City both as an employee and as a volunteer, he asked that everyone observe a moment of silence in memory of Mr. Evans. The opening prayer was delivered by Father Richard Smith with St. Mary's Anglican Church. The Pledge of Allegiance to the flag of the United States of America was given. 4~ AGENDA APPROVAL. Mayor Schmidt noted the addition of Item 6.I. Delray Beach Orchid Society. (Proclamation) and Item 8.R. License Agreement/NETDelivery Software to the Agenda by addendum. Also, Mayor Schmidt requested that Item 10.A. Resolution No. 83-02, 10.A. 1. Interlocal Agreement and 10.F. Ordinance No. 52-02 be pulled from the Agenda. Mr. Levinson moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 5-- APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of October 1, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of October 7, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Special Meeting of October 8, 2002, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. e PROCLAMATIONS: 6oAo Recognizing and Commending Eula Mason-Berry. Mayor Schmidt read and presented a proclamation hereby extending heartfelt thanks and appreciation to Eula Mason-Berry for her exemplary service as Principal of Plumosa Elementary School and the significant contributions she has made to the Delray Beach community. Eula Mason-Berry came forward to accept the proclamation. 6oB° Commending S.D. Spady Elementary - "A" on FCAT. Mayor Schmidt read and presented a proclamation hereby extending appreciation to S.D. Spady Elementary School for the hard work of their students who demonstrated their ability to read, write and compute with an outstanding performance on the FCAT, which is also attributed to the dedication of the S.D. Spady Community, including the Principal, staff, parents, and business partners. Martha O'Hare, Principal of Spady Elementary School, came forward to accept the proclamation. 6oC° Commending Morikami Park Elementary - "A" on FCAT. Mayor Schmidt read and presented a proclamation hereby extending appreciation to Morikami Park Elementary School for the hard work of their students who demonstrated their ability to read, write, and compute with an outstanding performance on the FCAT, which is also attributed to the dedication of the Morikami Community, including the Principal, staff, parents, and business partners. Elizabeth Kennedy, Principal of Morikami Park Elementary, came forward to accept the proclamation. -2- 10/15/02 Lula Butler, Director of Community Improvement, thanked the Commission for taking the time to do this proclamation and recognized Carole R. Shetler, who is the Area Superintendent for all these wonderful principals. 6oD. National Epilepsy Awareness Month - November 2002. Mayor Schmidt noted a proclamation hereby proclaiming November, 2002 as National Epilepsy Awareness Month in the City of Delray Beach, Florida, and urge all of its citizens to become aware of this disorder and encourage those afflicted to take their rightful place in society and become productive citizens. 6.t. Children's Home Society 100th Year Anniversary- November 2002. Mayor Schmidt read and presented a proclamation hereby proclaiming November 2002 as Children's Home Society 100th Anniversary in the City of Delray Beach. Cecilia Filippis came forward to accept the proclamation. 6.F. Jewish War Veterans/Ladies Auxiliary of Broward/Palm Beach County. Council Week - November 3~ 2002 - November 10~ 2002. Mayor Schmidt read and presented a proclamation hereby proclaiming November 3, 2002 through November 10, 2002, as Jewish War Veterans/Ladies Auxiliary of Broward/Palm Beach County Council Week in Delray Beach, Florida. Harry Heyman, Commander of Post #321 and Raymond White, Commander of Post #266 came forward to accept the Jewish War Veterans proclamation. 6G. National Bible Week - November 24~ 2002 - December 1, 2002. Mayor Schmidt noted a proclamation hereby proclaiming November 24, 2002 through December 1, 2002 as Bible Week and encourage interested citizens to participate in this observance. 6oH. Recounizinu and Commending Urban League of Palm Beach County.. Mayor Schmidt read and presented a proclamation hereby recognizing and commending the Urban League of Palm Beach County in recognition of the many accomplishments and dedicated service to the citizens of Palm Beach County. Jimmy Weatherspoon came forward to accept the proclamation. 6.I. Delray Beach Orchid Socie .ty Mayor Schmidt read and presented a proclamation hereby encouraging all citizens to attend and support the Delray Beach Orchid Society's 12th Annual Show "Orchid Fantasy" to be held at the Old School Square gynmasium on October 25-27, 2002. Julie Hamner came forward to accept the proclamation. -3- 10/15/02 7. PRESENTATIONS: 7.Ao Delray Youth Vocational Charter School - Officer Pun Fred Glass, Community Service Officer, stated a few years ago he and Officer Pun appeared before the City Commission with a concept to bring a vocational school for disadvantaged kids to the City of Delray Beach. Officer Jean Pun, read a statement into the record written by Loren Sheffer, President of the Board of Directors for the Delray Youth Vocational Charter School, who thanked the Commission for their support. In addition, four students from the Delray Youth Vocational Charter School came forward to express their gratitude and thanks. On behalf of the City Commission, Mayor Schmidt thanked Officer Jean Pun and Mr. Glass for all their hard work and especially would like to commend the students that are in attendance for taking a step in the right direction. Mr. Levinson stated he had an oppommity to work with some of the students through thc street patrol and feels the students have done a great job at getting focused and he is very proud of all of them. 7°a. Lights On After School Program - Janet Meeks. Rich Connell, Assistant Director of Parks and Recreation, introduced the following Lights on After School Program essay contest winners: Dynesha Bonner - Pompey Park Krystina Dean-Wright - Pine Grove Elementary School Jessica Oliveras - Community Center Georgette Hollis - Community Center ° CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/STONE STATION: Approve the subdivision plat for Stone Station Florida, Inc., located on the southwest comer of S.W. 7th Street and Auburn Avenue. 8.B. FINAL SUBDIVISION PLAT APPROVAL/COLNON REPLAT: Approve the subdivision plat for the Colnon Replat located south ofN.W. 11th Street on Lake Ida. 8.C° ACCEPTANCE OF EASEMENT DEED/DELRAY PARK OF COMMERCE: Approve and accept an easement deed associated with the development of Delray Park of Commerce, Tract D (Grand Bahamas Professional Park) located on the east side of N.W. 17th Avenue (Park of Commerce Boulevard) at Fountain's Way. -4- 10/15/02 8.D. AUBURN TRACE HOMEOWNERS' ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Auburn Trace Homeowners' Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. 8.Eo INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for furnishing/administration of professional engineering services. 8.F. AGREEMENT/EXPANDING AND PRESERVING OUR CULTURAL HERITAGE (EPOCH): Approve the modified funding agreement and Amendment No. 1 to the lease agreement for Spady House between the City of Delray Beach and Expanding and Preserving Our Cultural Heritage (EPOCH). 8.G. SPECIAL EVENT REQUEST/SKATE THE SUNSHINE STATE: Approve a special event request for Skate the Sunshine State sponsored by Style Ventures, Inc. which will pass through Delray Beach on November 10, 2002, granting a temporary use permit per LDR Section 2.4.6(H) for use of Anchor Park as a pit stop area, and to authorize staff assistance for escorting the skaters through town and trash removal; contingent on the sponsor providing liability insurance and a hold harmless agreement. 8.H. SPECIAL EVENT REQUEST FOR 3rd ANNUAL DELRAY BEACH THANKSGIVING ART FAIR: Approve a special event request for the 3rd Annual Delray Beach Thanksgiving Art Fair to bc held on November 30, and December 1, 2002 from 10 a.m. to 5 p.m., to grant a temporary use permit per LDR Section 2.3.6(H) for the closure of N.E. 2"d Avenue, from N.E. 1 st Street to N.E. 4th Street, and to authorize staff support for traffic control and security. 8.I. FINAL CLOSEOUT SETTLEMENT/CAROLINA CABANA: Approve the negotiated final closeout settlement between the City of Delray Beach and Carolina Cabana for past due payments. 8.J. LICENSE AGREEMENT/BAKA ENTERPRISES OF FLORIDA, L.L.C.: Consider approval of a license agreement with BAKA Enterprises, Inc. for the use of the Tennis Center Stadium for a boxing event to be held from 6:00 p.m. until 11:00 p.m. on December 7, 2002. 8.K. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $25,000.00 for N.W. 1st Street. This brings the number to 149 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). 8.L. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve Housing Rehabilitation grant\contract award through Community Development Division in the amount of $24,837.55 to South Florida Construction (202 S.W. 9th Court). Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant). -5- 10/15/02 8.M. CHANGE ORDER NO. 1/FINAL PAYMENT/CHAZ EQUIPMENT CO, INC.: Approve Change Order No. 1 in thc amount of $100,531.81, and final payment in the amount of $183,712.37 to Chaz Equipment Co., Inc. for Seacrest Del-Ida Neighborhood Improvements Project. Funding is available from 370-3162-541-65.43 (Lake Ida Road), 334- 6111-519-65.12 (N.E. 2na Avenue), 442-5178-536-63.90 (Water/Sewer/Other Improvements), and 448-5461-538-63.90 (Storm Water/Other Improvements). 8oN. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley in the amount of $48,000.00 for the period October 1, 2002 through September 30, 2003. Funding is available from 001-1111-511-34.90 (General Fund/Other Contractual Services). 8.0. CONTRACT RENEWAL/LANGTON ASSOCIATES: Approve renewal of the consulting agreement between the City of Delray Beach and Langton Associates for grant writing services for a term of one (1) year. SoP. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 30, 2002 through October 11, 2002. 8.Q. AWARD OF BIDS AND CONTRACTS: Contract award to National Auction Company for auctioneering services at 2.65% of gross receipts of the auction and $10.00/hour for additional administrative services. Bid award to various vendors for the purchase of gasoline and diesel fuel via the Palm Beach County Co-op Bid #02-145/PP at an estimated annual cost of $451,547.85. Funding is available from 445-4714-572-52.11 (Golf Course Fuel/Oil Other), 446-4714-572-52.11 (Lakeview Fuel/Oil Other), and 501-3311-591-52.51 (Central Garage Inventory- Fuel). Bid award to Club Car, Inc. for the purchase of eighty (80) golf carts for the Delray Beach Municipal Golf Course in the amount of $112,260.00. Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf Course Fund/Other Machinery/Equipment). Bid award to Fine Built Construction, Inc. for demolition of Breezy Ridge and Owens Baker Road properties in the amount of $122,663.00. 8.R. LICENSE AGREEMENTfNETDELIVERY SoI~rWARE: Approve agreement for software between the City and NETdelivery Corporation, Inc. for the Defray Beach Police Department regarding report transmittals. Prior to the vote, Mr. Levinson stated with regard to Item 8.D., Auburn Trace Homeowners' Association Traffic Enforcement Agreement, they have started to see a few of these come along and commented if there are other neighborhoods similar to this that we should be approaching for these kinds of things he would hope that this would be done. -6- 10/15/02 Secondly, Mr. Levinson stated with regard to Item 8.K., Delray Beach Renaissance Program Subsidy, he feels it would be great to invite the SHIP Families that are in the Renaissance Program to the Commission Meeting on the evening their program is approved so that they can be welcomed officially by the City. Mr. Levinson suggested that something special be done for the #150th family that receives assistance fi.om the Renaissance Program. Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Mayor Schmidt stated there are several quasi-judicial hearings on the Agenda this evening. Therefore, Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is conducted by the City of Delray Beach. At this point, the time being 6:35 p.m. the Commission moved to the Regular Agenda. e REGULAR AGENDA: 9.A. WAIVER REQUEST/CALYPSO BAY TOWNHOMES: Consider a request to waive LDR Section 2.4.6(H) regarding temporary use permits to allow an off-site temporary sales office for the Calypso Bay Development located on the west side of Gleason Street, approximately 100 feet south of Miramar Drive. (Quasi-Judicial Hearing) The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-392 into the record. Calypso Bay is a 6-unit townhouse project to be located on the west side of Gleason Street approximately 100 feet south of Miramar Drive. As the proposed sales office is to be located off-site, City Commission approval of a waiver to Section 2.4.6(H)(3) (Temporary Use Permits) is required. The applicant is requesting permission to utilize a single family residence immediately to the north as a temporary sales trailer. On August 14, 2002, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan for the subject property. The DSMG (Development Services Management Group) reviewed the proposal and recommended approval subject to the conditions that the sales office be limited to the development sales operation only and that a specific time -7- 10/15/02 period be applied. Staffrecommends approval subject to the conditions which include: o That a landscape plan be submitted for approval by the City Horticulturist; That the sales office be permitted for a period not to exceed twelve (12) months; and, That the only sales operation to be conducted from this location be for the six (6) unit Calypso Bay development. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding the waiver, the public hearing was closed. Mr. Levinson moved to approve the waiver request as recommended by staff, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.B. CONTRACT AWARD/ARTHUR J. GALLAGHER: Consider approval of a contract award to various insurance companies as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty Insurance Policies without the third party excess liability coverage effective October 1, 2002 at the annual premium of $1,274,051.00. Joseph Safford, Director of Finance, stated Arthur J. Gallagher entered the marketplace to renew our property and casualty insurance policies and encountered a "hard" insurance market similar to that being experienced across the country at this time. They presented the City with two (2) options after their review of responses from carders. Staff recommends Option (2) without the third party excess liability premium, bound by Arthur J. Gallagher to be effective October 1, 2002. Mrs. Archer moved to approve Option //2 with the exception of the excess liability coverage and approval of the transfer of funds from the Project Reserve Account, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy- Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.Co AMENDMENT NO. 3FFENNIS CENTER MANAGEMENT AGREEMENT: Consider approval of Amendment No. 3 to the Tennis Center management agreement between the City of Delray Beach and Dubin & Associates, Inc. regarding an adjustment of the management fee. Robert A. Barcinski, Assistant City Manager, stated this is a request from Dubin and Associates requesting that the management fee be adjusted back to $44,000 per year as was originally agreed to in the September 29, 1999 original agreement. Mrs. Archer moved to approve Amendment No. 3 to the Tennis Center Management Agreement between the City of Delray Beach and Dubin & Associates, Inc., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 -8- 10/15/02 to 0 vote. 9.D. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint one (1) regular member to the Site Plan Review and Appearance Board to fulfill an unexpired term ending August 31, 2003. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint Mark Gregory as a regular member to the Site Plan Review and Appearance Board to fill an unexpired term ending August 31, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.g. AMENDMENT TO DELRAY MERCHANT'S ASSOCIATION AGREEMENT: Consider approval of an amendment to the agreement between the City of Delray Beach and Delray Merchant's Association regarding repayment of a $30,000 loan associated with administrative and production costs for the "Celebrate the Soul of Delray" event. Lula Butler, Director of Community Improvement, stated this is to consider a request from Clay Wideman, President of the Delray Merchants Association, to amend the repayment agreement goveming the $30,000 reimbursable grant awarded in February 2002 for the Annual "Soul of Delray" event, which will allow repayment over a three-year period in $10,000 increments. Additionally, his request includes the approval of the new partnership between the Delray Merchants Association and the Village Foundation in presenting this event. Mayor Schmidt stated that if this is going to benefit the Village Foundation, he feels the payment extension should be contingent on the partnership going forward. Mr. Levinson moved to approve an amendment to the agreement between the City of Delray Beach and the Delray Merchant's Association subject to the partnership agreement, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. Ci~, Manager's response to prior public comments and inquiries. In response to a prior concern expressed by Ms. Sheppard about the poor condition of her roof, the City Manager stated Ms. Sheppard applied for assistance through Community Development with the understanding that she would be on a waiting list for 18 months. Ms. Sheppard asked if there were any other programs she could apply for to get her roof repaired since she felt it was an emergency. The City Manager stated the Chief Building Official and Mrs. Butler visited Ms. Sheppard's home and noted that the center part of the house is a modular unit with wood frame and stucco additions on all four sides. The roof constructed with the additions was not done to code and everywhere the new roof ties into the modular unit there -9- is a problem. The slope of the roof is inadequate to handle the tile that was installed. The transitions of the roof addition into the existing modular unit appear to be very inadequate. The City Manager stated it is the opinion of staff that to correct the problem the entire roof would have to be taken off and rebuilt. In addition, staff is concerned about water damage to the walls of the modular unit and noted that this roof has been leaking for some time. The new roof would cost approximately $20,000 with additional costs yet to be determined depending on the damage to the interior modular unit walls. The maximum limit for the Bootstrap Program is $5,000. Ms. Sheppard lives outside the CDBG target area and her total household income exceeds the maximum allowed for participation in the Housing Rehab Program. The City Manager stated Ms. Sheppard purchased her home one year ago and the inspection report completed by a professional licensed company required by the bank stated the roof was in good condition with no visible leaks. The City Manager stated staff strongly suggested that Ms. Sheppard pursue this matter through the Legal Aid Society since she may have some recourse from what appears to be a very inaccurate report. In response to a prior concern expressed by Mr. Russell about evacuation plans during the filming of the Bad Boys II movie, the City Manager stated there was adequate provision for evacuation. The City Manager explained that the Florida Department of Transportation (FDOT) required the film company to prepare and submit to them a Hurricane Evacuation Plan before they approved the permit for closing A-1-A. In response to a prior concern expressed by Ms. Lerman about the problems people were having getting into her preschool on Lake Ida Road, the City Manager stated Captain Gillard is assessing the situation and working with the appropriate parties to address any problems that they note and an updated report will follow. With regard to a prior concern expressed about the Evaluation Committee that was looking at the Arvida properties, the City Manager stated that a public notice was posted for each meeting of the Evaluation Committee. The City Manager stated the Evaluation Committee is a technical committee and although the public is welcome to attend the meetings, no public input is sought at this stage. Furthermore, the City Manager stated the Committee will provide its recommendation and the City Commission will consider this along with public input at subsequent meetings. The City Manager stated in setting up the Committee an attempt was made to be inclusive of third parties. As far as Country Manors is concerned, the City Manager stated the City is aware of their issues and they will be addressed during the site planning process. With regard to the Portable on Demand Storage (P.O.D.S.) containers, the City Manager stated the legality of the P.O.D.S. was addressed last year and stated P.O.D.S. are normally used by residents to move household furnishings associated with moving or providing temporary storage during interior construction. The City Manager stated the containers are delivered and placed on properties and picked up usually within ten days by the contracted vendor. The City Manager stated it is relatively costly to rent the containers so there is only limited use of them. The City Manager continued to state that staff does monitor the placement and length of time the containers are in place. -10- 10/15/02 With regard to a prior concern expressed by Mr. Finkel about several issues associated with relocating the high school, the City Manager explained that one of the things Mr. Finkel stated was "he feels it is a conflict of interest to have the same law firm that the School Board has..." The City Manager stated this is not the case and believes it would be a violation of the Attorneys Code of Ethics in this particular situation. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 83-02: Approve Resolution No. 83-02 providing for the transfer, conveyance, and lease of real property and acceptance of a Tri-Party agreement between the City, Community Redevelopment Agency, and Delray Beach Public Library Association, Inc. Prior to consideration of passage of this resolution, a public heating has been scheduled to be held at this time. The caption of Resolution No. 83-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER, CONVEY AND LEASE REAL PROPERTY IN ACCORDANCE WITH THE TRIPARTITE AND INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH (THE CITY), COMMUNITY REDEVELOPMENT AGENCY (CRA) AND THE DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. (LIBRARY) AND THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY (COUNTY) , THE CITY, CRA AND THE LIBRARY (KNOWN AS THE INTERLOCAL AGREEMENT FOR SHARED PARKING), WHICH PROPERTY IS LOCATED AT 29 S.E. 4TM AVENUE, DELRAY BEACH (CURRENT LIBRARY ADDRESS) AND 132 WEST ATLANTIC AVENUE, DELRAY BEACH (PROPOSED SITE), AS MORE PARTICULARLY DESCRIBED HEREIN TO FACILITATE THE RELOCATION OF THE PUBLIC LIBRARY. (The official copy of Resolution No. 83-02 is on file in the City Clerk's office.) This item has been pulled from the Agenda. 10.A.1. INTERLOCAL AGREEMENT: Approve an interlocal agreement between City of Delray Beach, Community Redevelopment Agency (CRA), Delray Beach Public Library Association, Inc. and Palm Beach County for shared parking regarding the relocation of the library. Prior to consideration of passage of this item, a public heating has been scheduled to be -11- 10/15/02 held at this time. This item has been pulled from the Agenda. 10.B. ORDINANCE NO. 51-02: An ordinance modifying the Special Activities District (SAD) ordinance and Silver Terrace Redevelopment Plan to allow Single Family detached dwellings on lots lying within Blocks 2 and 3 of the Silver Terrace Subdivision fronting on Dixie Highway (except comer lots) to take access from Dixie Highway. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 51-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-96 WHICH ESTABLISHED THE SPECIAL ACTIVITIES (SAD) ZONING DISTRICT FOR CERTAIN LAND LOCATED IN THE SILVER TERRACE SUBDIVISION, BY AMENDING SECTION 3, PARAGRAPH 5 TO ALLOW SINGLE FAMILY DETACHED DWELLINGS ON LOTS LYING WITHIN BLOCKS 2 AND 3 OF THE SILVER TERRACE SUBDIVISION WHICH ONLY FRONT ON DIXIE HIGHWAY (EXCEPT CORNER LOTS) TO TAKE ACCESS FROM DIXIE HIGHWAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 51-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-355 into the record. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 51-02, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 51-02 on SECOND and FINAL READING, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. -12- 10/15/02 10.C. ORDINANCE NO. 16-02 (ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2002-01): Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2002-01 and associated Future Land Use Map (FLUM) amendments. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Amendment 2002- 01 includes: The caption of Ordinance No. 16-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-1 AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-02 is on file in the City Clerk's office.) · Modification of Policy A-2.5 of the Future Land Use Element, relating to updating the Land Development Regulations regarding non-conforming uses to reflect a new completion date of FY 02/03. · Eliminate Policy A-5.1 of the Future Land Use Element relating to updating the Land Development Regulations for consistency with Comprehensive Plan Amendment 97-1, (accomplished). · Eliminate Policy A-5.6 of the Future Land Use Element regarding the need to increase densities in the GC (General Commercial) Zone District, (accomplished). · Eliminate Policy B-I.1 of the Future Land Use Element regarding the establishment of a neighborhood park in the Blood's Hammock Grove Area, (accomplished). · Modification of Policy C-4.2 of the Future Land Use Element in order to acknowledge adoption of the Downtown Business Plan, and provide that all future development will be consistent with the plan. · Modification of Public Schools Facilities Table A-I.1 (Standards for Tiered Level of Service) and Table A-1.2 (Maximum Utilization Table) to reflect the most current available information from the Palm Beach County School -13- 10/15/02 Board. Modification of Table CI-CIP of the Capital Improvement Element to reflect changes associated with approved budget for FY 2002-03. 10.C.1. City initiated Future Land Use Map amendment from County CHO/8 (Commercial High Office with residential density of 8 units per acre) and MR5 (Medium Residential, 5 units/acre) to City GC (General Commercial) and LD (Low Density, 1-5 du/ac), for eleven parcels located north of Lake Ida Road, between Barwick Road and Military Trail. 10.C.2. City initiated Future Land Use Map amendment from County MR5 (Medium Residential, 5 units/acre) to City LD (Low Density Residential, 1-5 du/ac) for the Winterplace Subdivision (now known as the Colony at Delray Beach), located at the southeast comer of Military Trail and the LWDD L-30 Canal. 10.C.3. City initiated Future Land Use Map amendment from MD (Medium Density, 5-12 du/ac) to CC (Commercial Core) for a property located on the east side of Gleason Street, approximately 94 feet south of East Atlantic Avenue. Dan Marfino, Principal Planner, stated this amendment is the first of the City's twice a year annual amendment process. Comprehensive Plan Amendment 02-1 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on July 16, 2002. At its meeting of May 20, 2002, the Planning and Zoning Board considered Amendment 02-1 and recommended approval of the transmittal of the amendment to the Florida Department of Community Affairs. After the review process, Mr. Marfino stated DCA declined to issue an Objections Recommendations and Comments Report (ORC) concerning this amendment and because of this the amendment did not need to go back before the Planning and Zoning Board for a second reading. Mr. Marfino stated the amendment now involves three City initiated Future Land Use Map Amendments and seven text changes and briefly summarized each item. Mayor Schmidt declared the public heating open. John Bennett~ President of Progressive Residents of Delray (PROD)~ stated he would like to commend staff for listing all the items on the Agenda that Comprehensive Plan Amendment 2002-01 is being changed. There being no one else from the public who wished to address the Commission regarding Ordinance No. 16-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 16-02 on SECOND AND FINAL READING, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. -14- 10/15/02 At this point, Mr. Levinson left the dais. 10.D. ORDINANCE NO. 49-02: An ordinance rezoning from County AR (Agricultural Residential) in part, CG (General Commercial) in part, and RTU (Residential Transitional Urban) to City PRD (Planned Residential Development) in part and PC (Planned Commercial) in part for eleven parcels of land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military Trail. Prior to consideration of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 49-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED COUNTY AR (AGRICULTURAL RESIDENTIAL), GC (GENERAL COMMERCIAL) AND RTU (RESIDENTIAL TRANSITIONAL URBAN) DISTRICTS TO PRD (PLANNED RESIDENTIAL) AND PC (PLANNED COMMERCIAL) DISTRICTS; SAID LAND BEING 11 PARCELS LOCATED SOUTH OF THE L-30 CANAL, BETWEEN BARWlCK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 49-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-372 into the record. -15- 10/15/02 The subject property contains 11 unplatted parcels of land totaling 54.5 acres, and is owned entirely by the City of Delray Beach. The proposal before the Commission is to apply City zoning of PC (Planned Commercial) to 6.63 acres of the subject area with the remaining 47.87 acres receiving City zoning of PRD (Planned Residential Development). The proposed zone districts are consistent with the Future Land Use Map designations as proposed by Comprehensive Plan Amendment 02-1. At its meeting of September 23, 2002, the Planning and Zoning Board considered the request at a public hearing. After reviewing the staff report and discussion, the Board voted 5 to 0 (Krall and Pike absent), to recommend approval, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 49-02, the public heating was closed. Mrs. Archer moved to adopt Ordinance No. 49-02 on SECOND and FINAL READING, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 3 to 0 vote. At this point, Mr. Levinson returned to the dais. 10.E. ORDINANCE NO. 50-02: An ordinance rezoning from County PUD (Planned Unit Development) to City PRD (Planned Residential Development) for a 34.6 acre parcel, the Winterplace Subdivision (now known as the Colony at Delray Beach), located at the southeast comer of Military Trail and the L-30 Canal. Prior to consideration of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 50-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED COUNTY PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PRD (PLANNED RESIDENTIAL) DISTRICT; SAID LAND BEING A 34.6 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF THE L-30 CANAL AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-02 is on file in the City Clerk's office.) -16- 1 O/15/02 The City Attomey read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attomey stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. item. The City Clerk swore in those individuals who wished to give testimony on this Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-371 into the record. The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in February of 2001. The site, now known as The Colony at Delray Beach, contains 151 zero lot line detached single family homes, situated on 34.6 acres land. At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 (02-1), to the Department of Community Affairs for review, and approved on first reading the voluntary annexation of the Winterplace Subdivision, pursuant to a water service agreement dated March 8, 2000. Comprehensive Plan Amendment 02-1 included the assignment of the City's Future Land Use Map Designation of LD (Low Density Residential, 0-5 du/ac), and zoning district of PRD (Planned Residential Development) for the subject property, which are consistent with each other. At its meeting of September 23, 2002, the Planning and Zoning Board considered the request at a public hearing. The Board voted 5 to 0 (Krall and Pike absent), to recommend approval based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 50-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 50-02 on SECOND and FINAL READING, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. -17- 10.F. ORDINANCE NO. 52-02: An ordinance rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) a parcel of land located on the north side of S.E. 4th Street, approximately 127 feet east of S.E. 6th Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. Prior to consideration of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time (Quasi-Judicial Hearing) The caption of Ordinance No. 52-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF SE 4TH STREET, APPROXIMATELY 127 FEET EAST OF SE 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 52-02 is on file in the City Clerk's office.) This item was pulled from the Agenda. 10.G. RESOLUTION NO. 82-02: Approve Resolution No. 82-02 providing for the transfer of a City owned parcel and acceptance of an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for the acquisition of property located along the east side of S.W. 5th Avenue just north of S.W. 2nd Street. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 82-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED ALONG THE EAST SIDE OF S.W. 5TM AVENUE JUST NORTH OF S.W. 2Nr~ STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY TO BE UTILIZED FOR THE RENAISSANCE HOUSING PROGRAM. (The official copy of Resolution No. 82-02 is on file in the City Clerk's office.) -18- 10/15/02 A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 82-02, the public hearing was closed. Mrs. Archer moved to approve Resolution No. 82-02, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes. Said motion passed with a 4 to 0 vote. 10.G.I. RESOLUTION NO. 81-02: Approve Resolution No. 81-02 authorizing the Community Redevelopment Agency (CRA) to acquire property by eminent domain. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 81-02 is as follows: A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (The official copy of Resolution No. 81-02 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 81-02, the public hearing was closed. Mr. Levinson moved to approve Resolution No. 81-02, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 10.H. ORDINANCE NO. 42-02: An ordinance amending Chapter 2, "Administrative Provisions", Article 2.4 "General Provisions" Section 2.4.3(K)(2) "Plan Check Fees", and Section 2.4.3(K)(3) "Permit Fees", of the Land Development Regulations to provide for an increase. Prior to consideration of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. The caption of Ordinance No. 42-02 is as follows: -19- 10/15/02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K)(2) "PLAN CHECK FEES"; AND SECTION 2.4.3(K)(3) "PERMIT FEES", OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 42-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 42-02 on SECOND and FINAL READING, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Comments and Inquiries on Non- Agenda Items from the Public. 11.B. From the Public. ll.B.1. John Benneth 137 Seabreeze Avenue, Delray Beach, stated several meetings ago he asked the question about what could be done about the "Tow Away Zone" sign posted at the entrance to the public parking lot at the comer of Andrews Avenue and Atlantic Avenue and commented that he would like to revisit his question. 12. FIRST READINGS: NONE 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. With regard to a concern expressed by Mr. Perlman about the noise generated from motorcycles on A-1-A and Atlantic Avenue, the City Manager stated staff has posted several signs in areas where the City has received complaints and the two district commanders in the Police Department involved have been advised to make enforcement a priority. Furthermore, -20- 10/15/02 the City Manager stated staff will try and track the number of violations cited and include those in their monthly reports. The City Manager stated the consultant that has been looking at the site for an entry feature on Atlantic Avenue has produced some drawings and noted that there are two options. The City Manager stated his understanding is that both options are being reviewed by FDOT and are acceptable to them. The City Manager stated these options will be presented to the Downtown Master Plan Committee. With regard to landscaping on the sides of Lake Ida Road, the City Manager stated he has nothing in his files to indicate any kind of commitment. The City Manager stated if the entire length of Lake Ida Road is landscaped this would be approximately 9,000 feet per side or $63,000 per side at $7.00 per foot. The City Manager stated there are funds available in the Beautification Fund that can be used if the Commission chooses to do so. Mr. Levinson suggested that some landscaping be accommodated where appropriate and stated there may be some opportunities for an occasional tree and shade on the sidewalk. With regard to the Ion Exchange Facility, the City Manager stated staff noticed that in using the ASR Well when they got to the point where there was an increase in the chloride levels the quality of the water coming out of the Water Treatment Plant improved. The City Manager stated staff is continuing to investigate this process and staff's present intention unless otherwise directed is to delay doing anything more on the Ion Exchange Plant other than finishing the design and going through the permitting process. The City Manager stated nothing will be done toward construction for approximately five or six months. The other process would cost $20,000 to implement and about $150,000 per year in operating costs as opposed to $4.5 million from the Ion Exchange Plant. 13.B. Ci.ty Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. Ci~. Commission. Commissioner Levinson Mr. Levinson stated that Commissioner Perlman attended Bob Evans funeral today and commented that he was a terrific volunteer. In addition, Mr. Levinson noted that Mr. Evans was buried in his Citizens Observer Patrol (C.O.P.) uniform. Secondly, Mr. Levinson commended Ms. McCarthy and staff for their efforts in coordinating the 2nd Annual Black Elected Officials Gala held in Delray Beach. Mr. Levinson congratulated Ms. McCarthy, staff, and the volunteers who helped with the event. Furthermore, Mr. Levinson stated the Marriott did a spectacular job and commented that the food was terrific. -21- 1 O~ 15/02 Mr. Levinson stated that the Multi-Cultural Festival was a great event and commended the Police Department for helping to make the event a huge success. Mr. Levinson suggested that the City invite neighborhoods from around the community on a meeting-by-meeting basis to present some of their plans and to help build pride in some of these areas as was done with the Sudan neighborhood. Mr. Levinson announced Project #08628206 (RFP) by the School Board of Palm Beach County for the construction of the new Atlantic High School and stated proposals are due on November 11, 2002. Mr. Levinson stated the selection of a General Contractor will be made on November 27, 2002, and construction will be completed by the 2005 school year. Mr. Levinson commented about the meeting scheduled for October 23, 2002, from 12:00-3:00 p.m. regarding bus shelters. Mr. Levinson commented about an article in The Palm Beach Post on Sunday about Ivan Ladizinsky and his ability to bring the Nightline crew to Delray Beach. Mr. Levinson stated the Homecoming Parade for Atlantic High School will be held on Thursday, October 17, 2002 at 6:00 p.m. on Atlantic Avenue as part of Jazz on the Avenue. 13.C.2. Commissioner McCarthy Ms. McCarthy stated she saw an article in The Palm Beach Post regarding a woman who designed a scarf for the Cancer Society. Ms. McCarthy stated she is an international renowned designer and has the scarf and handbag on Exhibit at Lori Durante's Exhibit of hats, handbags, and gloves at Old School Square. Ms. McCarthy stated because of an award this designer will be receiving this year, Delray Beach will receive national coverage because a special shoot will be done of Ms. Durante's Exhibit. Secondly, Ms. McCarthy commented that the Multi-Cultural Festival held over the weekend was a wonderful success. Ms. McCarthy stated the Bahamian Association of South Palm Beach County had their Gala as well and they had a visiting dignitary who made a presentation. Ms. McCarthy stated on behalf of the City Commission and staff, they welcomed the dignitary. Ms. McCarthy stated Representative James Harper, Jr. is organizing an early voting day on Saturday, October 26, 2002. Ms. McCarthy continued to state people will be marching from Military Trail and Southern Boulevard to the Supervisor of Elections Office and will have the opportunity to vote. Ms. McCarthy thanked the City Manager, Assistant City Manager, and staff for their doing a marvelous job with the Gala and extended a special thanks to Tracey Sweeney, Executive Assistant. Ms. McCarthy stated the event was a 520 seat sellout and was an enormous -22- 10/15/02 success. Ms. McCarthy commented about the beautiful table decorations that were donated and feels it is through the relationships people have throughout the community that made a profound difference. 13.C.3. Mayor Schmidt Mayor Schmidt publicly thanked Ms. McCarthy and staff for coordinating the 2nd Annual Black Elected Officials Gala. 13.C.4. Commissioner Archer Mrs. Archer stated she too feels Ms. McCarthy did an excellent job with coordinating the 2nd Annual Black Elected Officials Gala and thanked staff for representing our City so well. Mrs. Archer commented that the table decorations were donated by Andy Easton (who works with the Delray Beach Orchid Society) from his private collection. Secondly, Mrs. Archer stated she is sorry she missed the Multi-Cultural Festival and she is making plans now to be sure she is in attendance next year. There being no further business, Mayor Schmidt declared the meeting adjourned at 7:45 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held October 15, 2002, which Minutes were formally approved and adopted by the City Commission on -23- City Clerk 10/15/02 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -24- OCTOBER 28, 2002 A Special Meeting of the City Commission of the City of De[ray Beach, Florida, was called to order by Mayor David Schmidt in the First Floor Conference Room at City Hall at 7:45 A.M., Monday, October 28, 2002. Roll call showed: Present- Comnussioner Jon Levinson Comrmssioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - Commissioner Patricia Archer Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Garito Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the following item: PIPING, PAVING, AND PARKING LICENSE AGREEMENT: Consider approval of an agreement between the Cxty of Delray Beach and Lake Worth Drainage Dtstnct for the LWDD L-33 Canal Culvert. For approval by the Commission is the Piping, Paving and Parking License agreement between the City of De[ray Beach and the Lake Worth Drainage District which permits the culverting of the LWDD L-33 Canal. Susan Ruby, City Attorney advised the Commission that paragraph 12 in the backup agreement has been deleted from the final agreement and approval is needed prior to the contactor beginning the work on the L-33 Canal. Mr. Levinson moved to approve the agreement between the City of De[ray Beach and the Lake Worth Drainage District seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mr. Levmson - Yes; Commissioner McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 2. COMMISSION COMMENTS: Mr. Levinson informed the Commission that Jim Tabeek's (President of the Professional Firefighters and Paramedics, Local 1842) father had a heart attack last week and continues to be hospitalized. Mayor Schmidt declared the Specml Meeting adjourned at 7:50 a.m. ATI'EST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Horida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Monday, October 28, 2002, which Minutes were formally approved and adopted by the City Commission on city Cle=k NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions, or deletions to the Minutes as set forth above. -2- October 28, 2002 WHEREAS, in August of 2000, Detective John Young attended presentations on "Cybersafety" regarding dangers to minors on the internet by the National Center for Missing and Exploited Children (NCMEC) for LEACH (Law Enfomement Against Child Harm) Task Force Members; and WHEREAS, since January 2001, Detective Young has charged nine sex offenders and one sexual predator with felony violations in addition to his daily caseload and other activities for which he is responsible; and WHEREAS, Detective Young has arrested 11 additional ICAC (Intemet Crimes Against Children) suspects and on May 23, 2001, received an award from National Center for Missing and Exploited Children for outstanding services on behalf of protecting children; and WHEREAS, on June 20, 2001, Detective John Young received an Outstanding Law Enforcement Officer of the Year Award from {he United States Attorney's Office of the Southern District of Florida for his first investigation resulting in the defendant being sentenced to 12 years of incarceration followed by 3 years of supervision in the Federal System; and WHEREAS, Detective John Young currently teaches the "Conducting Online ICAC Investigations" course and the NCMEC's "Cybersafety Presentation" class; and WHEREAS, Detective Young received honorable mention as Law Enforcement Officer of the Year 2001 by the International Association of Chiefs of Police/Parade Magazine on October 8, 2002; and WHEREAS, Detective Young was featured in the September 29, 2002 edition of Parade Magazine and the October 20, 2002 edition of Badge of Courage, on Court TV. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby recognize and commend DETECTIVE JOHN YOUNG for his superior effort and achievements in the area of cdmes against children Law Enforcement and prevention and offer him congratulations for a job well donel IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 5~ day of November, 2002. DAVID W. SCHMIDT MAYOR WHEREAS, the Delray Chapter of MAD DADS (Men Against Destruction Defending Against Drugs and Social D~sorder) was founded in 1991, and MAD DADS is a grassroots movement of local autonomous organizations; and WHEREAS, the national w_sion for MAD DADS is to help youth of all backgrounds, particularly those from chsadvantaged circumstances, develop the qualifies needed to become respons:ble citizens and to promote and maintain a safe environment for their famihes and neighbors; and WHEREAS, through the development of neighborhood associations, youth prevention programs, and street patrols, MAD DADS has become a model for community organizing and mobilization and m 1992, the MAD DADS street patrol began with 3 men walking the streets at unfavorable runes and locauons seeking to reduce those dements that cause a decline m neaghborhoods; and WHI~.RF_,AS, ten years later, the street patrol has grown to over 20 men and women who voluntarily perform neighborhood foot patrols, mentoring, commumty policing, neighborhood paint-ups, and little league football, to vat as follows: Chuck Ridley - 10 years of service A1 Williams - 10 years of sermce Michael Brown - 9 years of senuce Bernard Quince - 9 years of service James "Smoke" Johnson - 9 years of senuce EliJah "Sol" Davis - 8 years of service Larry Jackson - 8 years of service Nate Rolle - 7 years of sermce Larry Brihm, Sr. - 6 years of sermce Manlyn Alford - 4 years of sermce Jean Moise - 2 years of service Frandy "Island Boy" Roberts - 2 years of service Shadrac Bolicic Abraham Desk Smith Dupont Ricardo McKenzie Ranger Mervllus Rose Newbold Klebert Pefit-Frere Joseph Raymonvil Sheila Reid NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, on behalf of the City Commission, do hereby recognize and commend the MAD DADS STREET PATROL and call upon all present to acknowledge their tremendous, on-going efforts to provide a sense of security and harmony in our communities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 5th day of November, 2002.. DAVID W. SCHMIDT MAYOR WHEREAS, as a life care community, Harbour's Edge provides a secure and stimulating environment for active seniors and, through its Health Center, offers the care its residents need if they become ill or disabled; and WHEREAS, since taking office, Governor Bush and Lieutenant Governor Brogan have increase funding for nursing homes by 59.3 percent and for community-based care 52.9 percent, and they are committed to the best quality of care for Florida's nursing residents; and WHEREAS, The Gold Seal program was set up to recognize the top nursing care facilities in the state. The Gold Seal program is designed to reward those facilities with exceptional high standards of care and quality of life; and WHEREAS, Nursing Homes around the state are reviewed by the Panel on Excellence in Long-Term Care. They must go through a rigorous screening and application process and comply with the performance criteria in order to receive the Gold Seal designation. The criteria are the following: · In operation a minimum of 30 months prior to the date of application; · Provide evidence of financial soundness and stability; · High quality of care ranking; · No "conditional" licenses or Nursing Home Watch List appearance in the past 30 months; · Evidence of community involvement; and · A stable workforce WHEREAS, Harbour's Edge, Delray Beach has achieved and been awarded the Gold Seal award by Governor Bush. NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend HARBOUR'S EDGE on this high level of recognition granted by Govemor Bush, and commend them not only for their excellence in nursing care, but also on their highly diverse programs of ongoing activities keeping their residents abreast of current issues and events; enriching their lives with culture, travel, and enjoyment. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 5th day of November, 2002. DAVID W. SCHMIDT MAYOR WHEREAS, the Ladies Professional Golf Association (LPGA) has evolved into one of the wodd's preeminent sports associations with competitive and successful tournaments each year; and WHEREAS, this prestigious season-ending Championship with a purse of $1 million often determines the "Triple Crown" winners of women's golf: Player of the Year, Leading Money Winner, and the Vare Trophy Winner; and WHEREAS, Palm Beach County will host the 2002 ADT Championship the week of November 18, 2002 at Trump International Golf Club; and WHEREAS, in 1999, Beth Daniel became the 16~ member of the Ladies Professional Golf Association Hall of Fame and in November, 2000, Beth was inducted into the World Golf Hall of Fame; and WHEREAS, Beth Daniel has been recognized as one of the Ladies Professional Golf Association's top 50 players; and WHEREAS, Beth Daniel's commitment to the sport has made her an excellent role model for Delray Beach's promising female golfers and Beth has worked with them to embrace the sport of golf rather than drugs or gangs. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim November 18, 2002 as BETH DANIEL DAY in Delray Beach, Florida, and urge all of our citizens to encourage our young ladies to participate in the sport of golf. . IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 5~ day of November, 2002. DAVID W. SCHMIDT MAYOR WHEREAS, the Sister City Program was initiated by President Dwight D. Eisenhower in 1956 as an avenue to open commumcation and a means to promote friendship and understanding between nations and lessen the chance of future world conflicts; and WHEREAS, the Sister City program serves as a vehicle to bnng people of different geographic a~eas of the world together. To that end, the City of Dekay Beach, Florida and Mlyazu, Japan established a Sister City afftliauon m April 1977; and WHERE, AS, during the past 25 years our communities have had city officials and citizens exchange visits and have recently established Student and Business Exchange Programs. Delray Beach is enthusiastically receiving a Student Exchange Delegation from Miyazu arriving on November 1, 2002; and WHEREAS, the teacher and tour guide will be going with their hosts to their place of business, while the students w~ be attending Atlantic Community High School and parncipating m school acuvities wzth their host student; and WHEREAS, the following students, teacher and tour guide will be staying with host farmhes during their visit to Dekay Beach; Mt. Kazuo Hirose (Teacher- Ocean High School) Mr. & Mrs. Bill Wilsher Mr. Tat~uoki Minato (Tout Guide) Mt. & Mrs. Bill Adams Miss Ai Yamamoto ~Miyazu High School) Mr. & Mrs. Ron Illsley Stephen, Kirsten, Megan, & John Miss Mie Seto (Miyazu High School) Mr. & Mrs. John Pisano Jessica & Jacqueline Miss Miyu Ueyama (Miyazu High School) Mr. & Mrs. Quang Du Linda & Henry Mr. Ayumu Hosokawa (Miyazu High School) Mrs. Peggy Murphy Noah & Ben Garbarino Mr. Hitoki Momodori (Ocean High School) Mr. & Mrs. Larry Garito Kellie Stravino During their visit, they will be experiencing an American barbecue, traditional family activities, participating m the Delray Beach City Commission Meeting, tounng the Morikami Museum and Japanese Gardens, visiting Old School Square and the Comell Museum and visiting the Sandoway House Nature Center. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby welcome the Teacher, Tour Guide and Students from Miyazu, Japan and encourage the students to continue their studies and desire to learn more about people of different cultures while promoting friendship and understanding between our two great cities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 52 day of November, 2002. DAVID W. SCHMIDT MAYOR MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~~ AGENDA ITEM # O/ [- REGULAR MEETING OF NOVEMBER 5, 2002 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION DATE: NOVEMBER 1, 2002 This is before the City Commission to ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on October 17, 2002. By a vote of 6 to 0, the SCRWTD Board approved the following: Authorization to expend $140,000 from repair and replacement funds on an emergency basis to repair splitter gate box channel ($10,000) and sanitaire system in south aeration basin "A" plant ($130,000). Recommend ratification of the actions approved by the SCRWTD Board on October 17, 2002. S:\Cxty Clerk\chevelle folder\agenda memos\.SCRWTD Board Acuon of 10.17 02 doc BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrwwtp@ ~x.netcom.com MEMORANDUM TO: FROM: DATE: Ms. Chevelle Nubin City Of Delray Beach Mary Ann Shumilla October 18, 2002 RE: RATIFICATION FOR SIGNATURE Attached is one Ratification from the Quarterly Annual Meeting of October 17, 2002 which require signatures. Would you place this on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratification is executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 17, 2002, by a vote of 6-0, approve AUTHORIZATION TO EXPEND $140,000 FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS TO REPAIR SPLITTER GATE BOX CHANNEL (~10,000) AND SANITAIRE SYSTEM IN SOUTH ABRA TION BASIN "A " PLANT (;~ 130,000). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM $$ "~- REGULAR MEETING OF NOVEMBER $, 2002 NOVEMBER 1, 2002 This is before the Commission to approve the final subdivision plat for the Legacy at Sherwood Forest. The property is located on the south side of Atlantic Avenue; on the east and west side of Sherwood Forest Drive. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for the Legacy at Sherwood Forest. S'\C:ty Clerk\chevelle folder\agenda memos\F~nal Plat. Legacy. 11 5 02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: PROJECT: ACTION: David T. Harden, City Manager William A. Grieve, P.E., Assistant City Engineer October 30, 2002 Legacy at Sherwood Forest Subdivision Plat Approval The attached agenda request is for Commission approval of the subdivision plat for Legacy at Sherwood Forest. Also attached is a location map and reduced copy of the plat. The property is located on the south side of Atlantic Avenue on the east and west side of Sherwood Forest Drive. The Legacy at Sherwood Forest plat is a replat of Tract "G-I" and Tract "G-2" Sherwood Forest Plat 1. The Master Development Plan was approved at the June 17, 2002, P&Z Board meeting and the Site Plan was approved at the August 28, 2002, SPRAB Meeting. The Plat received approval from P& Z approved on October 21, 2002. Please place this agenda request on the November 5, Commission Agenda. enc cc Richard C. Hasko, P.E., City Clerks Office TAC file Agenda File file: S:\EngAdmin\TAC\Legacy at Sherwood Forest\plat agenda memo 10-30-2002.doc Printed: 10/30/2002 SOUTH MILITARY TRAIL ,,, CONGRESS ENVIRONMENTAL SERVICES DEPARTMENT LEGACY AVENUE @ SHERWOOD FOREST DATE 10-26-02 FILENAME 00-000 DAI~J(] .LSq~O_-I (]O0~]HS ]ml ~Ozm / Date: October 30, 2002 AGENDA ITEM NUMBER: AGENDA REQUEST (if applicable) Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: e~! No Initials: ~'~/~1 Hold Until: Agenda Coordinator Review: P~ceived: S:XEngAdmin\TACXLegacy at Sherwood Forest\plat agenda 10-30-2002.doc Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda __.Special Agenda When: November 5~ 2002 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the subdivision plat for Legacy at Sherwood Forest. Attached is a location map and reduced copy of the plat. The property is located on the south side of Atlantic Avenue on the east and west side of SherwoodForestDrive. ~ ~ ~~ Department Head Signature: \_0~~/~. _ ~ _'~/_1 ~ l~ ~ ~ ~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM # ~5~-- - REGULAR MEETING OF NOVEMBER 5, 2002 FINAL PLAT APPROVAL/SWINTON GARDENS NOVEMBER 1, 2002 This is before the Commission to approve the final subdivision plat for Swinton Gardens. The property is being subdivided to create eleven (11) single family lots and is located on the northwest comer of S.W. 10~ Street and Swinton Avenue. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Swinton Gardens. S:\City Clerk\chevelle folder\agenda memos\Final Plat Swmton Gardens. 11.5 02 City Of Delray Beach Department of Environtnental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L. Krejcarek, PE/~. ~.2y~,t~ x~/~_i 25 Oct 2002 Swinton Gardens Plat Please find an agenda request for Commission approval of the subdivision plat for Swinton Gardens. The property is being subdivided to create eleven single family lots. I have enclosed a location map and a reduced copy of the plat. This project was approved by the Planning and Zoning Board on 15 April 2002. If this meets with your approval, please place it on the 05 Nov 2002 Commission meeting for Commission approval. enc cc T^C file , ' ] ' ~ ~ ~,-~:'~L~ - ~ ......... < ' ~ .o''~. ,~ ~///////J///~ ~ i~ ........ ~--- ~ I~, , ~ ~_ , ~/~/~/// ' , ~ ' ~ .... 4 ,-- , .... ,--- ~ .......... ~ ' ~ ..... o' '~ ~' =-,---, ~ , ' , ' , . : ; j , ' ' , ~. ~'~-~ I-U~L___' . ' j,, .. ' ', . ' '; r ~ , ~ ' '~ ~-, j,' ~._~ , : i u_.~ ..................... ~ '- ...................... ----, ~ ~t-?-~-~ ..... 'f ..... ~' L__. ' ..... ?-,-~-' , - ' ' ....... l, :' ¢','- .............. " ; ' i's ,' ~.,,' ; , : .'~ ~.' . , , ,. , , , . , ,' f . . Z._, ,, ,~ ~,' ,,~*, , , .................... 1_ ' ............... / ..... i .............. ~ .......................................... L[NTON ~OULEVARD of DELRAY BEACH SWiNTON GARDENS DATE:,0-2S-02 E~ONME~ S~8 D~A~E~ LOCATI ON MAP ~ ~m L~ ~ ~ ~ ~ ~Y ~ ~A ~ 2001-019 I r ,11- I~-il t'1~ ~11'"'I~ ~ i .. II,,,· .~,,4 Date: 25 Oct 2002 Request to be placed on: X Consent Agenda When: 05 Nov 2002 AGENDA REQUEST Regular Agenda AGENDA ITEM NUMBER: Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): Request for Commission approval of the subdivision plat for Swinton Gardens. The property is being subdivided to create eleven single family lots. I have enclosed a location map and a reduced copy of the plat. This project was approved by the Planning and Zoning Board on l~fl~. _ Department Head Signature: ~ ,] o- Z~-o'~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): (if applicable) Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: Hold Until: Agenda Coordinator Review: Received: S:XEngAdmin\Projects\2001\2001-019\OFFICIAL\05 nov 2002 agenda.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~~.~ AGENDA ITEM # ~ ~J - REGULAR MEETING OF NOVEMBER 5, 2002 FINAL PLAT APPROVAL/OCEAN BREEZES NOVEMBER 1, 2002 This is before the Commission to approve the final subdivision plat for Ocean Breezes. The property is located on the east side of A-1-A and north of Linton Boulevard. All technical and staff comments have been addressed and the plat is ready for approval. ? Recommend approval of the final subdivision plat for Ocean Breezes. S:\City Clerk\chevelle folder\agenda memo~\Final Plat Ocean Breezes 11.5.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: PROJECT: ACTION: David T. Harden, City Manager ~ / Randal L. Krejcarek, P.E., City Engineer///'~ October 31, 2002 Ocean Breezes (Coca-Cola Mansion) Subdivision Plat Approval The attached agenda request is for Commission approval of the subdivision plat for Ocean Breezes. Also attached is a location map and reduced copy of the plat. The property is located on the east side of A1A and North of Linton Boulevard. This plat did not require approval from any other boards. The Ocean Breezes plat is a subdivision of Section 21, Township 46 South, and Range 43 East. No Board approvals were required. Please place this agenda request on the November 5, Commission Agenda. enc cc Richard C. Hasko, P.E., City Clerks Office TAC file Agenda File file: S:\EngAdmin\TAC\Ocean Breezes\plat agenda memo 10-31-2002.doc Printed: 10/31/2002 POINSE'I-FIA RD. BROOKS LN. WHITE DR. LINTON RHODES-VILLA AVE. DEL-HAVEN DR. BOULEVARD CITY of DELRAY BEACH II ENVIRONMENTAL SERVICES DEPARTMENT ~ ~ ~ ~o~ ~o, ^~,u~. o~ ~c,. ~o,o^ ~.~ II LOCATION MAP OCEAN BREEZES PLAT I lofl Date: October 31, 2002 AGENDA ITEM NUMBER: AGENDA REQUEST N.A. (if applicable) Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~e~ / No Initials: Hold Until: Agenda Coordinator Review: Received: S:XEngAdmin\TAC\Ocean Breezes\plat agenda 10-31-2002.doc Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: November 5, 2002 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the subdivision plat for Ocean Breezes. Attached is a location map and reduced copy of the plat. This plat did not require approval from any other boards. The property is located on the eas~fi~ o~and~ _~/_fJN°rt/h~P~/~int°n Boulevard. Department Head Signature: ~/_)~/(_~ t~-~,-G~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAV/~~TY. MANAGER PAUL DORLING, D~__,~CTOR OF PLANNING AND ZONING NGUYEN TRAN, SENIOR PLANNER//~',,~.¢~.-~.,t_....--,....~ MEETING OF NOVEMBER 5, 2002 *CONSENT AGENDA* ABANDONMENT OF A 60-FOOT WIDE NORTHERLY RIGHT-OF-WAY EXTENSION FOR N.W. 23"~) AVENUE (PLATTED AS S.W. 23"D AVENUE), LOCATED WITHIN THE REPLAT OF BREEZY RIDGE ESTATES. BACKGROUND The portion of right-of-way proposed for abandonment is a 60-foot w~de, rectangular skewed parcel containing approximately 5,397 square feet (0.123 acre) located north of West Atlantic Avenue, approximately 120' west of Lake Worth Drainage District E-4 Canal within the Replat of Breezy Ridge Estates (Plat Book 24, Page 116). The abandonment area represents a northerly 60' wide extension of N.W. 23rd Avenue to the Lake Worth Drainage District L-33 Canal. In the early part of 1982, a development proposal to construct Temple Sinai of Palm Beach County was submitted. Part of the proposal included a replat of a western portion (Lots 1-4, Lots 26-34 & Lots 56-74) of the Replat of Breezy Ridge Estates Subdivision. All easements and r~ght-of-ways located within the western portion of the Replat of Breezy Ridge Estates were abandoned by Resolubon 67-82. According to Resolution 67-82, a listed condition of approval was that the owner dedicate a 60' right-of-way for the extension of N.W. 23rd Avenue (platted as S.W. 23~d Avenue) north to the Lake Worth Drainage District L-33 Canal. The proposed abandonment area was dedicated through the recordation of a Right-of-Way Deed (DB 4022, PG 535) on August 24, 1983. This is a City initiated abandonment request. The subject area will be aggregated and used as part of the new Atlantic High School Site. An overall boundary plat for Atlantic High School will be processed in the future. Currently, the abandonment area is unimproved. Florida Power & Light, BellSouth, Adelphia, and Florida Public Utilities (Gas) have reviewed the request and have no objection to the abandonment. The City's Environmental Services has identified an 8" water line and a Lift Station within the abandonment area. These City facilities were used for the provision of services to Breezy Ridge Estates. The abandonment area will be used as part of the new Atlantic High School football field; therefore, the existing City facilities are no longer needed and will be removed. The City's Environmental Services Department has no objection to the proposed abandonment. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of October 21, 2002, the Planning and Zoning Board considered the request at a pubhc hearing. There was no public comment concerning this item. After reviewing the staff report and further discussion, the Board voted 6-0 to recommend approval. RECOMMENDED ACTION By motion, approve the abandonment of a 60-foot wide northerly right-of-way extension for N.W. 23"~ Avenue (Platted as S.W. 23rd Avenue), located within the Replat of Breezy Ridge Estates (PB 24, PG 116), based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: · Abandonment Resolution · P & Z Staff Report of October 21,2002 s:~planning & zoning~boards\city cornmission\NW 23'~ Ave-ROW-Aband.doc RESOLUTION NO. 86-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA VACATING AND ABANDONING A 60- FOOT WIDE NORTHERLY EXTENSION OF N.W. 23R° AVENUE (PLATTED AS S.W. 23Rr) AVENUE), LOCATED WITHIN THE REPLAT OF BREEZY RIDGE ESTATES (PLAT BOOK 24, PAGE 116), AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida received an application for an abandonment of a 60-foot wide northerly extension ofN.W. 23ra Avenue (Platted as S.W. 23rd Avenue), located within the Replat of Breezy Ridge Estates (PB 24, PG 116), as more particularly described in Exhibit "A", attached hereto; said Replat of Breezy Ridge Estates being located north of West Atlantic Avenue, approximately 120 feet west of Lake Worth Drainage District E-4 Canal; and WHEREAS, the application for abandonment of said 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(0)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on October 21, 2002 and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5); 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 right-of- way based upon positive findings pursuant to LDR Section 2.4.6(0)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. reference. The foregoing recitals are hereby incorporated herein by this Section 2. That pursuant to Section 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, described in Exhibit "A". PASSED AND ADOPTED in regular session on this the __ day of November, 2002. ATTEST: MAYOR City Clerk Resolution 86-02 EXHIBIT ~A~ A strip of land 60 feet in width located in portions of Lots 10 and 11 and North of the right-of-way of N.W. 23ra Avenue of the replat of part of Breezy Ridge Estates as recorded in Plat Book 24, Page 116, being in Section 18, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida, as shown hereon, and more particularly described as follows: Beginning at the intersection of the southernmost comer of said Lot 11 and the East right-of-way of N.W. 23~d Avenue; Thence mn North and 135 feet west of, and parallel with the East line of said Subdivision to the North line of said Subdivision; Thence mn west 60.70 feet along the North line of said Subdivision; Thence mn South and 195 feet west of, and parallel with the said East line of the said Subdivision to a point on an arc being the North line of the right-of-way of N.W. 1st Street and N.W. 23~a Avenue; Thence mn Southeasterly along the said arc to the point of beginning. Resolution 86-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: October 21, 2002 IV.C. City Initiated Abandonment of Right-of-Way For the 60-Foot Wide Northerly Extension of NW 23rd Avenue (Originally Platted as SW 23rd Avenue), Lying North of West Atlantic Avenue and Approximately 120 Feet West of the LWDD E-4 Canal Within the "Replat of Breezy Ridge Estates" Subdivision. (Quasi-Judicial Hearing) CORAL '~ACE OWENS BAKER ROAD GENERAL DATA: Owner .................................. General Public Agent/Applicant ................... City of Delray Beach David T. Harden, City Manager Location ............................... North of West Atlantic Avenue, approximately 120 feet west of LWDD E-4 Canal Property Size ........................ 5,397 sq. ft. (0.123 Acre) Existing FLUM Designation.. LD (Low Density Residential, 0-5 units/acre) Current Zoning ..................... R-l-AA (Single Family Residential) Adjacent Zonings ........ North: East: South: RM (Multiple Family Residential-Medium Density) R-l-AA R-l-AA West: R-l-AA Existing Land Use ................ Unimproved right-of-way Proposed Land Use ............. Abandonment of the unimproved right-of-way to be aggregated and used as part of the new Atlantic High School Site. Water Service ...................... n/a Sewer Service ...................... n/a CORAL RACE VACANT L - 33 N W 2ND ST TEMPLE SINAI DELRA Y BEACH MUNICIPAL GOLF COURSE IV.C. ITEMBEFORE The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a 60-foot wide northerly right-of- way extension for N.W. 23rd Avenue (platted as S.W. 23rd Avenue), located north of West Atlantic Avenue and west of the Lake Worth Drainage District Canal E-4 within the Replat of Breezy Ridge Estates (PB 24, PG 116). This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(O), Abandonment of Rights-of-Way. The original plat of Breezy Ridge Estates (PB 23, PG 105) was recorded on September 13, 1950. The entire subdivision was reconfigured four years later with the recordation of the Replat of Breezy Ridge Estates (PB 24, PG 116) on June 16, 1954. In the early part of 1982, a development proposal to construct Temple Sinai of Palm Beach County was submitted. Part of the proposal included a replat of a western portion (Lots 1-4, Lots 26-34 & Lots 56-74) of the Replat of Breezy Ridge Estates Subdivision. All easements and right-of-ways located within the western portion of the Replat of Breezy Ridge Estates were abandoned by City Resolution 67-82. According to Resolution 67-82, a listed condition of approval was that the owner dedicate a 60' right-of-way for the extension of N.W. 23rd Avenue (platted as S.W. 23rd Avenue) to the Lake Worth Drainage District L-33 Canal. The proposed abandonment area was dedicated through the recordation of a Right- of-Way Deed (DB 4022, PG 535) on August 24, 1983. The subject area is associated with an overall boundary plat for the Atlantic High School relocation site. A replat of the property will only vacate or abandon right- of-ways dedicated originally by the previous plat, not by special instrument (deed) as in this dedication. Since the 60' wide right-of-way was created by deed, it must be abandoned by City Resolution prior the platting process. Currently the subject property is unimproved. The portion of right-of-way proposed for abandonment is a 60-foot wide, rectangular skewed parcel containing approximately 5,397 square feet (0.123 acre). The abandonment area represents a northerly 60' wide extension of N.W. 23rd Avenue to the L-33 Canal. Planning and Zoning Board Staff Report Abandonment of R-O-W extension for NW 23rd Ave Page 2 This is a City initiated abandonment request, as the subject area will be aggregated and used as part of the new Atlantic High School Site. An overall boundary plat for Atlantic High School will be processed in the future. Pursuant to LDR Section 2.4.6(O)(1), public right, of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. The proposed abandonment area was dedicated from portions of Lots 10 and 11 of the Replat of Breezy Ridge Estates. By abandoning this area, Lots 10 and 11 will benefit from the entire abandonment area. The City of Delray Beach is the current owner of these lots. Utility Services The City's Environmental Services Department (ESD) and Fire Department have reviewed the request and have no objection to the abandonment. Responses from Florida Power & Light, Adelphia Cable, BellSouth, and the Florida Public Utilities Company have not been received at the time this report was written. Any concerns will be addressed prior to consideration by the City Commission. 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. The 60' wide right-of-way proposed for abandonment is unimproved and has never been utilized for the intended purpose. In addition, by vacating this area and replatting the surrounding area as part of the new Atlantic High School Site, the public need for the use of this right-of-way will be served for a different purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject abandonment will not prevent access to any parcel, as all affected parcels will be replatted and incorporated as part of the new Atlantic High School Site. Planning and Zoning Board Staff Report Abandonment of R-O-W extension for NW 23rd Ave Page 3 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. Removal or relocation of any utilities currently located within the abandonment area will be addressed with the plat. The development proposal is not within the geographical area requiring review by the CRA (Community Redevelopment Agency), the DDA (Downtown Development Authority) or HPB (Historic Preservation Board). Courtesy Notices: Courtesy notices have been provided to the following groups: PROD - Progressive Residents of Delray Presidents Council Sudan Homeowners Association Delray Shores Homeowners Association Woodlake Homeowners 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 previously mentioned, the abandonment area is associated with the new Atlantic High School site. As such, the City has no plans to improve the subject parcel. Access will not be prevented to any lot of record and any utility issues will be addressed with the subsequent plat. 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). Planning and Zoning Board Staff Report Abandonment of R-O-W extension for NW 23rd Ave Page 4 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 a 60-foot wide northerly right-of-way extension for N.VV. 23rd Avenue (platted as S.W. 23rd Avenue), located within the Replat of Breezy Ridge Estates (Plat Book 24, Page 116), based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: · Location Map · Copy of Replat of Breezy Ridge Estates (PB 24, PG 116) · Copy of Right-of-Way Deed File: S:\Planning&Zoning\Boards\P&Z~NW23rdAve Abandonment.doc TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID T. HARDEN, CITY MANAGER~__~ ~.~t~, PAUL DORLING, DIRECTOR OF PLANNING AND Z(;~CNING NGUYEN TRAN, SENIOR PLANNER N S~~E NT ,~,"-'------~~ MEETING OF NOVEMBER 5, 2002 *C~ GENDA*' ABANDONMENT OF A PORTION OF A 6' WIDE UTILITY EASEMENT LYING WITHIN LOT 8 AND LOT 35, BLOCK 2 OF SOUTHRIDGE. BACKGROUND The request involves abandoning a portion of a 6-foot wide utility easement lying within the south 3 feet of Lot 8 and the north 3 feet of lot 35, Block 2 of Southridge Subdivision and replacing it with a 10-foot wide utility easement to be located along the west side of Lot 35; the front of Lots 35-40; and the east side of Lot 40, Block 2, Southridge Subdivision. The utility easement was created with the recordation of Plat 1 of 2, Southridge (PB 13, PG 38) in December of 1925. Currently, the property consists of a one and two-story building, paved parking area and associated office trailer. The applicant is proposing to construct additional buildings which will be used as a transitional housing facility. The proposed facility will be constructed across the existing easement area. The applicant will dedicate a replacement easement by "Easement Deed", which will be recorded concurrently with the abandonment resolution. (See Attachment) Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. All utilities currently located within this easement area will be relocated to a newly dedicated easement area at the expense of the applicant; therefore, the provision of utility services to adjacent properties or the general area should not be affected. Florida Power & Light identified overhead lines; Adelphia identified an aerial cable and BellSouth identified a 200 pair aerial cable within the abandonment area. Florida Power & Light, Adelphia, and BellSouth stated that they have no objection to the proposed abandonment as long as a new easement area is dedicated, recorded and all costs associated with the relocation of existing facilities is paid for by the applicant. The City's Environmental Services Department (water & sewer service) and Florida Public Utilities (Gas) have reviewed the request, and have no objection to the abandonment. I RECOMMENDED'ACTION By motion, approve the abandonment of a portion of a 6-foot wide utility easement lying within the south 3 feet of Lot 8 and the north 3 feet of Lot 35, Block 2, Plat 1 of 2, Southridge; and accept a 10-foot wide utility easement to be located along the west side of Lot 35, the front of Lots 35-40; and the east side of Lot 40, Block 2, Plat 1 of 2, Southridge, based upon positive findings with respect to LDR Section 2.4.6(P)(5) Attachments: · Abandonment Resolution · Location Map · Survey and Legal Description of Area to be Abandoned · Easement Deed RESOLUTION NO. 87-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 6-FOOT WIDE UTILITY EASEMENT LYING WITHIN A PORTION OF LOT 8 AND LOT 35, BLOCK 2, PLAT 1 OF 2, SOUTHRIDGE (PB 13, PG 38), AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 6 foot wide utility easement lying within a poruon of Lot 8 and Lot 35, Block 2, Plat 1 of 2, Southridge (PB 13, PG 38), as more particularly described herein; said Southridge subdivision being located on the north side of Southridge Road, approximately 60 feet west of Swinton Avenue; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulauons of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was forwarded 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 properues or the general area, that ns interest in the described property ~s no longer needed for the public good and deems ~t to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more parucularly described in Extubit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all fight and interest it holds to the following real property, more parttcularly described as follows: THE SOUTH 3 FEET OF LOT 8 AND THE NORTH 3 FEET OF LOT 35, 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. PASSED AND ADOPTED in regular session on this the __ day of 2002. ATTEST: MAYOR City Clerk ~ / / ~r REIGLE AVENUE PL4T 1 ~.;0 JT~IR'IDGE' .../ /I ~r I _. '//,,,,/ ,:~.,,,,,,,. ~""',,,a~ ii ~, ~T /.~,-~ i~ / :....o.,,,,o! r ~_-~,--.,---,,---.~_--~--.;--.~_ / ~'/ /o ~;/ ~ SOUTHRIDCE ROA..~.D~~' I~-I ~ ~1~- l_lN TON T~USS -- ABANDONMENT OF EASEMENT -- SOUTHRIDGE PLAT # 1 -- OI¢II'AI. B45£ 1tl,4P SYSTEM -- IvlAP RE:F LM652 ,0'10l oo % 3AN3A Y Hi f '/~ 'S , R. Brian ShulL Esq. City Attorney's Office 200 N.W. 1~£ Avcuu~ EASEMENT DEED ofthe fi~.~t prat, and the CITY OF I}lr-LIIAY BE&Clt: vn~h a mailing address of 100 N W. 1st Avenue, Delray Beach, Florida 33421~, a municipal corporation in Palm Beach County, State of Florida, party of the second part. WITNESSETII: That the party of the first part, for and in consideration of the mutual promises herein contained mad other good and valuable considerations, does hereby grant, bargain, sell and release trow the party of the second part, ks successors and assigns, a fight of way and perpetual easement for the purpose of the construction and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit' DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed here,halter. That this easemexa shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the fi~st part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Party of' the first part does hereby fully warrant the title to said land and will deled the same against the lawful clai.,m of all persons whomsoever cla~med by, through or under it, that it has good right and l,,wful authority to grant the above-described ca.meat a~d that the same is unencumbered except as provided above Where the context of this Easement Deed allows or permits~ the same shall include the successors or assigns of the parties IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day ami year first above written. ZI~SS #1. (name printed or typed) (name pfint~ or ~d) PARTY OF THE FIRST PART STATE OF FLOgt/~n The forclgoing instrum~t was acknowledged before me this ~ day of' , , . ........ · ~ . .. (name of officer or agent), of ]~'1, To J6£~6,.s PF ~~/[bPS~-.~ir.: (name of ~r~fion), a ~~ (Stale or pla~ of inco~oration) co~ratio~ on ~lf of the co~oratio~ He/S~ is perso~l~r h~ pr~uced I.t~e ofide~i~cat~0n) as i~fific~tion ~d di~'did not t~t4f~raeat tl~n fog c~t & SKETCH OF DESCRIPTION ¢NORTH LINE LOTS 55-40 -10' UTIL TY EAsEMEt souTH LINE LOTS 55-40 C SOUTHRIDGER- c'OAD- NO TES: DESCRIP T/ON: A 10 UTILITY EASEMENT BEING A PORTION OF LOTS 35 THROUGH 40, INCLUSIVE, BLOCK 2, PLA T I OF 2, SOUTHRIDGE, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 15, PAGE ,58, PUBLIC RECORDS OF PLAM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: THE REST 10 FEET OF LOT 35, LESS THE SOUTH 10 FEET THEREOF; THE SOUTH 10 FEET OF LOTS 35 THROUGH 40, INCLUSIVE, AND THE EAST 10 FEET OF LOT 40, LESS THE SOUTH 10 FEET THEREOF, BLOCK 2, PLAT I OF 2, SOUTHRIDGE, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1.7, PAGE `58, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ORDER NO. 78-`502"EA" THIS IS NOT A SURVEY ~ = CENTERLINE EXHIBIT "A " SHEET I OF 1 SURVEYOR AND MAPPER //5708 DATE: SEPT. 25, 2002 O'BRIEN, SUITER &r O'BRIEN, INC CERTIFICATE OF AUTHORIZATION jCLB`55,5 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL D. ENGLE 2601 NORTH FEDERAL HIGHWAY OELRA Y BEACH FLORIDA $$48`5 (561) 276-4501 (561) 7,.72-,5279 RESOLUTION NO. 89-02 A RESOLUTION OF THE CITY OF DF~LRAY BEACH, FLORIDA, IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION AND ITS AFFILIATED REGIONAL TRANSPORTATION AGENCIES (RTO/RTA) TO RECOMMEND STRATEGIC INVESTMENT IN THE FEC CORRIDOR AREA TO EXPAND LOCAL AND REGIONAL PASSENGER SERVICE IN THESE CORRIDORS TO MEET THE GROWING TRANSIT NEEDS AND COMPLIMENT FREIGHT INDUSTRY GROWTH IN THE SOUTHEAST FLORIDA AREA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1995, a collaboration of freight operators and FDOT completed the "Rail Rationalization Study" and recommended long term planning for both the CSXT and FEC corridors including double tracking of the CSXT (South Florida Rail Corridor) and the concurrent, public investment in the FEC corridor to consider implementation of passenger service within the FEC Corridor; and WHEREAS, in 1997/98, cities and counties in the Southeast Florida region began to meet on a continuing basis to approve resolutions asking state and federal transportation agencies to negotiate with the Florida East Coast Industries, Inc. (FECI) about inclusion of passenger service within their corridor; and WHEREAS, the Florida Department of Transportation 2020 and 2025 Mission Statements called for safe, interconnected statewide transportation systems for Florida's citizens and visitors that ensure mobility of people and goods; and WHEREAS, the Florida Department of Transportation and its affiliated regional offices are required to expand and enhance rail systems in Florida to respond to statewide mobility needs; and WHEREAS, the Florida East Coast Railway Corridor right-of-way (FEC) represents an important and strategic transportation corridor that provides vital freight and transportation rail services to and from South Florida; and WHEREAS, the trend in economic growth along the FEC is only beginning - resulting in the building of compact residential and commercial development, including tens of thousands of new residents and hundreds of thousands of square feet of office space within walking distance of the corridor 0/4 or less of a mile); and WHEREAS, in 2001 the RTO began a strategic phn - "South Florida Transit Analysis" funded by a collaboration of cities and regional business groups and Congress in 2000 - outlining transit corridor expansion alternatives including the FEC comdor; and WHEREAS, the RTO is considering its conversion into a Regional Transit Authority (RTA) - combining the efforts and services of multiple county bus providers, land planning agencies, numerous bureaus of FDOT (MPO and FDOT District offices) and Tri-Rail - for maximized regional passenger services and corridors, and WHEREAS, FEC rail services for local and regional passengers could connect to the existing single corridor known as the South Florida Railroad corridor, in which Tri-Rail currently runs, and provide Florida visitors, workers, residents and transportation disadvantaged in all categories better service, reducing reliance on private automobiles, decreasing roadway congestion, increasing mobility, and enhancing ridership on all existing services developed with significant investment utilizing local, county, state and federal resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.I.OWS: Section 1. That the Florida Depatm~ent of Transportation and its affiliated agencies involved with the RTO are strongly encouraged to define specific and detailed base line local and regional passenger services needed for cities and unincorporated areas along the FEC Corridor area - within at least 3/4 mile of those corridors where tremendous compact growth is underway - and include this important technical information in the conclusions of the aforementioned "South Florida Transit Analysis". Section 2. That the RTO will take the conclusions of the South Florida Transit Analysis and recommend the full funding of the needed transit service expansion within or along the FEC Corridor area to the extent that passenger services can be added without negatively affecting current or future freight operations. Section 3. That the RTO will actively pursue its RTA status with the intention of fully funding and operating an expanded local and regional service along the FEC and seek the support and necessary "local match" from jurisdictions as needed. Section 4. That the RTO will work with the interested local governments to complete interlocal agreements as soon as possible to implement the above actions recommended in Sections 1-3. 2 RES. NO. 89-02 Section 5. That the City Clerk is hereby authorized to forward a copy of this resolution to all the governmental agencies involved, including County Commissions and officials involved in regional transit planning, the RTO and its membership, the Florida League of Cities, Municipalities and Chambers of Commerce within the South Florida area, CSXT and FECI and affiliates at the air and sea ports. Section 6. That this resolution shall be effective immediately upon adoption. PASSED AND ADOPTED in regular session on the ~ 2002. day of ATTEST: MAYOR City Clerk 3 RES. NO. 89-02 TO: THRU: SUBJECT: DAVID')T. HARDEN, CITY MANAGER PAUL DORLI ECTOR OF PLANNING AND ZONING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF NOVEMBER 5, 2002 ACCEPTANCE OF RIGHT-OF-WAY DEED ASSOCIATED WITH THE VINTAGE ROSE. The action requested of the City Commission is acceptance of a five foot (5') right-of- way deed for the west side of NE 1st Avenue associated with the Vintage Rose, located at 102 NE 1st Street (northwest corner of NE 1st Avenue and NE Ist Street) across from Old School Square. At its meeting of August 7, 2002, the Historic Preservation Board (HPB) approved the Class V Site Plan for the conversion of a single family home to retail, known as the Vintage Rose, with the condition that five feet (5') be dedicated for the right-of-way. Pursuant to LDR Section 5.3.1(D) (Right-of-Way Dimensions) and the Transportation Element of the Comprehensive Plan, the applicant is required to dedicate the necessary portions of land in order to provide the required right-of-way. Pursuant to LDR Section 5.3.1, the required right-of-way width for NE 1st Avenue is 60' and 40' exists. Pursuant to LDR Section 5.3.1(D)(4) (Reduction in Width), reductions in the required right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG) for existing streets. As NE 1st Avenue is an existing street, the DSMG and City Engineer determined that a right-of-way width of 50' for this section of NE 1st Avenue would be sufficient. Therefore, five feet (5') of right-of-way must be provided with this development proposal. The Assistant City Attorney has reviewed the right-of-way deed for legal sufficiency and form and determined it to be acceptable. By motion, accept the five foot (5') right-of-way deed for the western portion of NE 1st Avenue associated with the Vintage Rose. Attachments: Location Map and Right-of-Way Deed. R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33~,~,~. RIGHT-OF-WAY DEED mailing address of /~,,~ ~ ~/tfa~/_~~ ,,~ ~ey~,. ~s party of the first part and CITY OF DELRAY BEACH,t FLORIDA, a Florida ~(unicipal 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 mutual promises herein contained and other good and valuable consideration, 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 casement 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. The party of the first part agrees 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 assigns 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/~ first above written. S S: (Nme primed or typed) PARTY OF THE FIRST PART (Name printetl or typed) The foregoing_ instrument was acknowledged before me this ]~th day of ~)~- , 200~_, by 'T-/IJqQa~./~/I,Q ~'51F__~l~_ , as (name of officer or agent, title of 0ffiL'~ or agent), ~-f (name of corporation acknowledging), a (state or place of inco~omtion) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Name Typed, Printed or Stamped EXPIRES: Alii 21, 2005 2 SKETCH OF DESCRIPTION LOT 15 BLOCK 67 LOT I$ LOT 1~ LOT 16 BLOCK 67 E._ T STREET 20.0' NO TES: THIS IS NOT A SURVEY ~ = CENTERLINE ~///~ = LIMITS QF DESCRIPTION DESCRIPTIQN: THE EAST 5.0 FEET OF THE SOUTH 11.5 FEET OF LOT 15 AND THE EAST 5.0 FEET OF LOT 16, BLOCK 67, TOWN OF LINTON (NOW DELRA Y BEACH), ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK I, PAGE 5 (SHEET 2), PUBLIC RECORDS OF PALM BEACH COUNTY, FL ORIDA. ORDER NO. 02-81EA EXHIBIT "A " SHEET I OF I PAUL D. ENC~LE V ~ SURVEYOR AND ~APPER ~5708 DATE: OCTOBER 15. 2002 O'BRIEN, SUITER & O'BRIEN;"INC CERTIFICATE OF AUTHORIZATION ~LB35,5 SURVEYOR AND MAPPER IN.RESPONSIBLE CHARGE: PAUL D. ENGLE 2601 NORTH FEDERAL HIGHWAY DELRA Y BEACH FLORIDA .7548J (561.) 276-4501 (560 7,:72-3279 CA SON METHODIST CHURCH N,W MARTIN LUTHER CITY ATTORNEY BUILDING KING JR ~ COMMUNITY ----Il TENNIS sTADIuM ATLANTIC SOUTH COUNTY COURT HOUSE ST DRIVE 1ST ST NE Z OLD SCHOOL SQUARE 3RD N.E. 2ND 1ST AV ST. 2ND ST NUE -- LgG~ND-- VI NTAGE ROSE RIGHT-OF-WAY DEED PROPOSAL 102 N.E. 1ST AVENUE SUBJECTAREA SUPPLEMENTAL INFORMATION PC/Vii 12-43-46-16-01q)67~152 APPROXIMATE ACREAGE 0 277 ABRIDGED LEAGAL DESCRIPTION TOWN OF DELRAY S 11 5 ET OF LOT 15 & LOT 16 - BLK 67 ZONING OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT FLUM OMU (OTHER MIXED USE) PZJ~NNING S ~ ~P~NCR~: ~832 -- OC~B~R 2002 -- TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER PAUL DORLING, DIRECTOR OF PLANNING AND ZONINtG MEETING OF NOVEMBER 5, 2002 **CONSENT AGENDA** ACCEPTANCE OF RIGHT-OF-WAY DEED ASSOCIATED WITH RUB-A-DUB CARWASH. The action requested of the City Commission is acceptance of a right-of-way deed for SE 7th Street associated with Rub-A-Dub Carwash, to be located at the southwest corner of SE 5th Avenue and SE 7th Street, within the GC (General Commercial) zoning district. At its meeting of September 11, 2002, the Site Plan Review and Appearance Board (SPRAB) approved the site plan application for Rub-A-Dub Carwash subject to conditions, which included recordation of a right-of-way deed. The approval was for the construction of a new carwash facility with associated parking and landscaping. Pursuant to LDR Section 5.3.1, the required right-of-way width for SE 7th Street is 60' and 40' exists. Pursuant to LDR Section 5.3.1(D)(4) (Reduction in Width), reductions in the required right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG) for existing streets. As SE 7th Street is an existing street, the DSMG and City Engineer determined that a right-of-way width of 50' for this section of SE 7th Street would be sufficient. Therefore, with this development proposal 5' of right-of-way must be provided. The Assistant City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and determined it to be acceptable. By motion, accept the right-of-way deed for SE 7th Street associated with Rub-A-Dub Carwash. Attachments: Location Map Reduced Site Plan Right-of-Way Deed S.E 5TH ST S.E S.E CURRIE COMMONS SE 4TH 6TH 7TH , ) L i 8TH BA RR TON APT CONDOS BARN£TT B~ANk ST CHURCHILL CONDO S E, 8TH ST BARNETT )RI VE- THRU 5TH AVE. GRILL lOTH ,; 9TH Ld MIAMI SUBS ST DELRA Y PLACE WILSON AVE CONDOS QUARTERS N CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT RUB-A-DUB CAR WASH M SEA GA T£ ANOR 0 © <~ Z -- DIG'I~'AL BASE /,.44P SYSTE'M --- MAP REF LM637 Z ,I J Prepared by: Susan L. Taylor, Esq. F. Martin Perry & Associates, P.A. 1645 Palm Beach Lakes Blvd. Suite 1200 West Palm Beach, Florida 33401 Return to: 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 '~' day of ~ 2OO2, between PHOENIX SITE WORK OF FLORIDA, INC., a Florida corporation with a mailing address of 2727 S. Ocean Boulevard, #701, Highland Beach, Florida 33487, 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 mutual promises herein contained and other good and valuable consideration, 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 nght-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. The party of the first part agrees 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 assigns 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. WITNESSES: (Name printed or typed) (Name printed or t~ed) PHO~SITE WORK OF FLORIDA, ,~rt'h~ony ~. du~ro, Uresi~"'eent 2727 S. Ocean Boulevard, #701 Highland Beach, Florida 33487 STATE OF~~~--' t ! d th ,1~ f I /_ / The foregoing instrumen was acknow edge before me is _~_~r-'- i:lay o {~t~d.~ 2002, by Anthony P. Guillaro, as President of Phoenix Site Work of Florida, Inc., a ~Florida c~rporat.ion, ,~n behalf of the corporation. He is personally known to me or has produced~ ~ (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped txt4/nght of way deed Barbara Garito MYCOMMISStON # DD07846~ March 11, 2006 SKETCH 8c DESCRIPTION PROPOSED RIGHT-OF- WAY o lo 20 40 Bo GRAPHIC SCALE N S E 7TH STREET 5 R/W DEDICATION' 40 RIGHT 0~' WAY N 8952'OO"E 6,37 5 SQUARE FElT 127 50 LOT 16 127 50 LOT 17 LOT 18 LOT lg S 8g'SZOO"W 127 50 50 00' DESC'I~I~ON- PROPOSED ~£ 711-1 ~l~£'E'r RIGHT ~ WAY 5~ ~ ~ LOT 16. ~ 13. '~E~ P~'. ACC~G P~T ~. ~ ~ ~ ~AT B~ ~. PA~ 2 ~ ~E P~C ~ P~ BEA~ C~N~, ~ ~A~ L~G A~ BBNG IN P~ BEA~ C~. ~ 637.5 S~A~ ~ OR 0.01~ A~ES M~ ~ ~ =,*,'~ s/24/o2 CERTIFICATE' ASSOCIATE$ INC Land S%trveyors Land Development Co~t~ Pl~e~ SCALE: 1' = 40' DRAWN BY. RLD DA TE: 09/24-/02 JOB NO' 124000 FILE SHEET NO. I OF I MEMORANDI, IM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER/j~ ,,~~ AGENDA ITEM # r3x.}. REGULAR MEETING OF NOVEMBER 5, 2002 SERVICE AUTHORIZATION #15/MATHEWS (;ONSULTING, IN(;, NOVEMBER 1, 2002 This is before the City Commission to approve Service Authorization #15 with Mathews Consulting, Inc. in the amount of $23,157.00, for consulting services for the rehabilitation of Lift Stations #19, #57, and #80. Funding is available from 442-5178-536-61.83 (Lift Station Conversion/Submersible). Recommend approval of Service Authorization #15 with Mathews Consulting, Inc. for consulting services for the rehabilitation of Lift Stations #19, #57, and #80. S:\City Clerk\chevelle folder\agenda memos\ServiceAuth.#15Mathews.11.5.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David Harden City Manager Dan Beatty, P.E. Deputy Director o~t~lities October 29, 2002 Rehabilitation of Lift Stations 19, 57 and 80 Project Number 2003-016 Attached is Service Authorization #15 to Mathews Consulting, Inc. in the amount of $23,157.00 for consulting services required for the rehabilitation of Lift Stations #19, #57 and #80. Scope of service includes preparation of engineering plans and specifications for the rehabilitation and conversion of Lift Stations #19 and #57 from a Wet Well/Dry Well "Can" Station to a Submersible Station and the installation of a new Submersible Station at Lift Station 80. Maintenance records indicate that these three stations are currently the highest priorities for rehabilitation. Funding for this expenditure is available in R&R Account #442-5178-536-61.83, Lift Station Conversion to Submersible. Please place this item on the November 5, 2002 Agenda for consideration by City Commission. CC.' Richard C. Hasko, P.E., Director of Environmental Services Victor Majtenyi, Assistant Construction Manager Bob Bullard, Utility Maintenance Manager City Clerk Agenda File S ~EngAdm~n~'rojectsX2003L2003-016\OFFICIAL~Agenda-102902 memo doc CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. CITY P.O. NO. CITY PROJECT NO. FOR CONSULTING SERVICES CITY EXPENSE CODE: MATHEWS CONSULT. PROJECT NO. ~00.~ d9 / (-~ TITLE: Rehabilitation of Lift Stations 19, 57, & 80 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services PROJECT DESCRIPTION The project consists of converting lift stations 19 and 57 from Davco "can" type wastewater pumping stations to "submersibile" type lift stations. The project also includes converting an existing manhole at lift station 80 to a "submersibile" type lift station. The scope of this Service Authorization is limited to providing surveying, geotechnical engineering services, electrical engineering services, final design, and bidding services for the work described below for the rehabilitation of Lift Stations 19, 57 and 80: Lift Station 19 Lift Station 19 is located at the western side of the intersection of Crestwood Drive and Andrews Avenue on the barrier island. The station was originally constructed in the mid 1960's. The City wishes to convert this station from a Davco "can" type wastewater pumping station to a "submersible" type lift station. The new lift station will be located adjacent to the existing station and gravity sewer alignment will be reconstructed as required. The capacity of the pumps will be reviewed and analyzed to verify compliance with future operational conditions. L~ft Statton 57 Lift Station 57 is located on Clearbrook Circle South within the Hidden Lake Subdivsion. The station was originally constructed in the early 1970's. The City also ~xishes to convert this station from a Davco "can" type wastewater pumping station to a engsx c contract10/28/02 I II. "submersible" type lift station. The new lift station will be located adjacent to the existing station and gravity sewer alignment will be reconstructed as required. The capacity of the pumps will be reviewed and analyzed to verify compliance with future operational conditions. Lift Station 80 Lift Station 80 is located at the Northeast comer of the intersection of NW 37th Aveune and Lake Ida Road. The station was originally constructed as a regional pump station. Recently various modifications to the wastewater collection and transmission system within the Northwest quadrant of the City have been completed that have significantly reduced the amount of wastewater conveyed to Lift Station 80. The City wishes to convert the existing 6 foot diameter manhole located at the Northeast comer of the Lift Station 80 building to a submersible type lift station. The proposed lift station will only receive wastewater flow from the Lake Forest South and Sunflower Delray Subdivisions. The existing 24 inch gravity sewer main running from the proposed lift station (existing manhole) to the existing manhole located at the Northwest comer of the Lift Station 80 building will be removed and replaced with a 10 ~nch gravity sewer main at a higher invert elevation to create the wetwell in the proposed lift station. The manhole that is converted to a wet well will be rehabilitated prior to conversion. Neither demolition nor modification to the existing-pump building is included in this scope of work. SCOPE OF SERVICES Phase I - Study and Report Phase Not Applicable Phase II - Preliminary, Desiun Phase Consultant shall provide preliminary design phase services in accordance with Article III.B of the Agreement for Engineering Services with the City, dated June 2, 1999. I. The Engineer shall visit each lift station site to review the existing conditions and facilities and to take the necessary field measurements for design purposes. 2. The Engineer shall review all record documents, pressure and flow reports of the existing lift stations. The Engineer shall coordinate with utility agencies to collect record infom~ation which includes reconciling discrepancies between record information and existing field-verification information. engsvc contract ! 0/28/02 2 4. The Engineer shall verify the service area and pump station capacity for the existing and proposed conditions. Phase III - Final Design Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated June 2, 1999. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information. Contract documents consisting of "front-end" documents and technical specifications shall conform to City of Delray Beach Standards. o Consultant shall coordinate with the City in order to design the proposed lift stations in accordance with the requirements and design standards of the City. Drawings and specifications (two copies) shall be submitted for City review at 60% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of CAD files in electronic format on 3-1/2" disk. o At the 60% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Phase IV - Bidding/Negotiation Phase Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, eqmpment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide 20 sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. engsvc contract 10/28/02 3 Consultant shall attend pre-bid conference and provide a written summary of ~ssues discussed. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Phase V - Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit Addendum No. 1 to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City. Other- Permitting At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: Palm Beach County Health Department. Permit applications shall be completed for the Palm Beach County Health Department. Associated permit application fees shall be determined by the Consultant and paid by City. It is assumed that no other permits will be required. Other - Geotechnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of thc project area that will include: Perform to one (1) standard penetration test (SPT) borings to an average depth of twenty-five (25) feet at each wet well location. Three (3) total test borings. Evaluate field data collected and provide geotechnical engineering evaluation report for bedding, compaction, and backfill of the proposed wet well and lift station appurtances. engsvc contract 10/28/02 4 Other - Survey Consultant shall fumish the services of a professional surveyor to provide topographic surveys of the project area that will include: A certified boundary and topographic survey for each lift station site. The surveys shall include a legal description of the existing lift station sites; including parcel, tract, easement, or right-of-ways that describe the lift station site and adjacent sites. The boundary survey shall include all topography in the accessible route between the existing lift station and the adjacent roadway. Topographic data shall include the influent pipe size and invert elevation, top of slab elevation, adjacent crown of road elevations, adjacent grade elevations on a 10 foot grid. The topographic survey shall include the location of the existing lift station, control panels, electrical boxes, backflow preventors, antennas, curbing, sidewalks, pavement, signs, trees, bushes, and shrubs in proximity to the lift station site; the rim and invert elevations of all sanitary manholes within 250 feet of the lift station; all underground improvements including gravity sewer pipes, force mains, water mains, water services, franchised utilities. A benchmark shall be provided on each site survey. Other - Electrical Consultant shall fumish the services of a professional electrical engineer to provide electrical design assistance for the proposed lift stations: The Electrical Engineer shall validate the collected field data and provide an electrical engineering evaluation for the provision of power to the proposed lift stanons. ASSUMPTIONS The City shall provide all available record drawings and documentation on the existing lift stations. The City shall provide all flow data from the City's telemetry system for each of the lift stations. The City shall provide details for the City's requirements for the pumps, coating systems, and telemetry. The City shall provide pressures in the force mains to which the proposed lift stations will connect. engsvc contract 10/28/02 5 The City shall pay all permit fees. The City shall pay all Florida modifications as may be required. Power and Light fees for electrical service ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, drainage, and structural improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be Notice-to-Proceed from the City Manager. following information and requirements. on as-directed basis in accordance with a written The Notice-to-Proceed issued shall contain the · A detailed description of the work to be undertaken. · A budget establishing the amount of the fee to be paid in Agreement. · A time established for completion of the work. accordance with the III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Engineering Services Time per Phase Cumulative Time Phase II- Preliminary Design(j) Phase III - Final Design Permitting Phase IV - Bidding 4 weeks 4 weeks 6 weeks 10 weeks 5 weeks 15 weeks 3 weeks 18 weeks O) Geotechmcal wdl be completed during Destgn t~me pertod engsvc contract 10/28/02 6 IV. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Engineering Services Estimated Fees Phase II - Preliminary Design Phase III - Final Design Phase Phase IV - Bidding Phase Permitting Geotechnical Surveying Electrical Out-of-Pocket Expenses Additional Services $ 1,530.00 $ 10,541.00 $ 2,996.00 $ 990.00 $ 2,000.00 $ 2,100.00 $ 1,000.00 $ 2,000.000) $ 5,000.00 TOTAL PROJECT COST $ 23,157.00(2) Notes (I)Out_of_Pocket Expenses include the following: printing~reproduction and postage (l)Total project cost does not tnclude the $5,000 for Additional Services (tf authortzed by the CttyJ engsvc contract 10/28/02 7 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may not commence work on and Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: David W. Schmidt, Mayor Date:~ [0 - _~.'t - ~ x. Da~~., Vice President W[tnes[' ' Attest: Approved as to Legal Sufficiency and Form ~r,k My C~nm~ss~on CC914476 '~#,~' F._~l~res Fe~rua~/28, 2004 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument ~was ackno ~wledged before me this~XT~-day of ~ ~C7~, 2002 by David L. Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (~y known to m'~5"~or (has produc~e-d i~'~ntification), Florida Driver's License and (did/did not) take an oath. Stgnature of person taking acknoxvledgement cngsx c contract 10/28/02 8 Rekah~tat~on of l~$. 19, $7, and SO Budget Summary Labor Class~fication and Hourly Rates Pnnc~pal Semor Construction Cadd Sup- Engineer Engineer Engineer I Inspector .~es~gner Techmc~an Clerical Totat Consultant Task No Task Descnpt~on $93 71 $;90 00 $77 18 $70 00 $71 66 $47 25 $33 08 Labor Services II Prellmlnal~ Design Subtask I 6 $540 Subtask 2 3 $270 Subtask 3 6 $540 Subtask 4 2 $180 Geotechmcal En~l~neenn~l $2.0(~ O0 ___ Survey $'2,100 00 _ _ III Final Design Phase Subtask 1 4 25 70 $7.641 Subtask 2 6 8 $805 Subtask 3 4 $360 Subtask 4 6 3 $6'39 Subtask 5 1 4 $377 Subtask 6 8 $720 Electrical Aslstance $11000 00 ___ I_V_ Bidding Phase Subtask 1 7 $630 Subtask 2 6 3 $639 Subtask 3 10 4 $1,187 Subtask 4 6 $540 -- Other Permitting 11 $990 Labor Subtotal Hours 4 107 0 0 78 0 14 $5 100 Labor Subtotal Costs $375 $9,630 $0 $0 ~5 589 $0 $463 $16 057 Labor Total Costs $16,057 Subconsultant Costs Total $5,100 Subconsultant Mu~pher 1 Subconsultant Total $5,100 Reimbursable Expenses $2,000 Project Total $23,157 Attachment A Mathews Cof~sr ting In~' N.F- ~TH l~r ~Y AVE ATLANTIC CITY of DELRAY BEACH II ENVIRONMENTAL SERVICES DEPARTMENT ~ 434 8ou'rH SwIl~r"roN AVEI~IUE, DEL~Y BE~I-I, FLORIDA 33444 II AVENUE LOCATION MAP LIFT STATION #19 PROJECT # 2003-016 I I of 3 S.W. 6TH ST. CLEARBROOK CLEARBROOK _(SOUTH) CIRCLE CASITA V 'AY 0 FIORE 1 HIGHLAND CITY of DELRAY BEACH II ENVIRONMENTAL SERVICES DEPARTMENT ~ LOCATION MAP LIFT STATION ~L57 PROJECT # 2003-016 I 2of3 LAKE III) i'1 CANAL L-31 WAY ENVIRONMENTAL SERVICES DEPARTMENT 434 80~.JTH SSNINTON AV~IUE, DEl_RAY BLEACH, FLORIDA 3.3444 LOCATION MAP LIFT STATION ~10 PROJECT # 2003-016 J 3of3 AGENDA REQUEST Agenda Item No. ~ Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: October 29, 2002 When: November 5, 2002 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization %15 to Mathews Consulting, Inc. in the amount of $23,157.00 for consulting services required for the rehabilitation of Lift Stations #19, #57 and #80. Scope of service includes preparation of engineering plans and specifications for the rehabilitation and conversion of Lift Stations %19 and %57 from a Wet Well/Dry Well "Can" Station to a Submersible Station and the construction of a new Submersible Station at Lift Station 80. Maintenance records indicate that these three stations are currently the highest priorities for rehabilitation. Fundinq for this expenditure is available in 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 approval of Service Authorization %15 for M athews Consulting, Inc. ~~t o f~.00 Department head signature: ~ ~-3~- ~lw 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 applicablg) Account No. & Description ~/~ -~.~/4~',~.i~-~l~ .~ Account Balance *,[g~/ ~9~--~ /~/Joloz ~ - City Manager Review: ~ Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S: \EngAdmln\Proj ects \2003 \2003-016\OFFICIAL\AgendaReq-102902. doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM # ~'~x . REGULAR MEETING OF NOVEMBER 5, 2002 SERVICE AUTHORIZATION # 9/CH2M HILL, INC, NOVEMBER 1, 2002 This is before the City Commission to approve Service Authorization #9 with CH2M Hill, Inc. in the amount of $27,970.00 for professional services for consumptive water use permitting and ground water modeling. Funding is available from 442-5178-536-31.30 (Engineering/Architectural). Recommend approval of Service Authorization #9 with CH2M Hill for professional services for consumptive water use permitting and ground water modeling. S:\Cit~ Cle~k\chevelle folder\agenda memos\SerwceAuth.#9CH2M Hill..11.5 02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: David T. Harden City Manager CD epDu~;eBcteor oatty~ pPu~~ties DATE: October 29, 2002 SUBJECT: Water Use Permit Application and Ground Water Modeling Project Number 2003-017 Attached is an Agenda Request and related information for Service Authorization No. 9 to CH2MHILL for professional engineering services related to the subject project. The consumptive use permit from South Florida Water Management District (SFWMD) for raw water withdrawal will expire on January 14, 2004. Due to the time associated with the preparation of the permit application as well as the review by SFWMD, we need to begin the process at this time. Additionally, we anticipate possible opposition to the withdrawal volumes we intend to request as a result of State sponsored water conservation initiatives. Services include permitting and ground water modeling of our withdrawal system. The total amount of Service Authorization No. 9 is $27,970.00 and funding is available from Account #442-5178-536.31.30 Engineering / Architectural (budget transfer is attached). Please place this item on the November 5, 2002 Agenda for consideration by City Commission. CC: Richard C. Hasko, P.E., Director of Environmental Services John Bullard, Manager of Water Treatment Plant City Clerk Agenda File S'XEngAdmlnXProjects~2003~2003-017\OFFICIADuS~genda memo 102902 doc Service Authorization No. 9 to the Agreement to Furnish Professional Services Dated July 6, 1999, Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. Number: City Project Number Title: Water Use Permit Application and Groundwater Modeling Category of Work: Professional Engineering Services - Permitting General This SERVICE AUTHORIZATION AMENDMENT shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an Amendment to this agreement. Introduction The City of Delray Beach (CITY) received a Water Use Permit (WUP) from the South Florida Water Management District (SFWMD) on January 14, 1999. The CITY was issued a permit with an annual allocation of 5,810 million gallons (MG) or 15.92 million gallons per day (mgd) and a maximum day allocation of 21.08 mgd. The permit expires in January 2004. This Service Authorization provides a scope of work, budget, and schedule for preparing a renewal WUP application and supporting groundwater modeling. Background In the year 2000, south Florida was in the midst of a major drought, and thus the CITY exceeded their permitted water use allocations, as did many other water utilities in the area. Then in 2001, after SFWMD imposed mandatory water shortage restrictions, the CITY's water use declined below its historical trend. Now that water shortage restrictions are no longer in effect, the CITY's current water use is now on track with historical trends which is projected to be close to the current permitted allocations. Exhibit 1 depicts the CITY's recent historical water use, along with the permitted allocations. As part of the CITY's ongoing Water Supply Master Plan, past and projected population estimates were, reviewed and it appears to be some discrepancy in the CITY's published values. Exhibit 2 depicts the population estimates provided by the CITY as part-of-past water use permit apphcations. After discussing these estimates with the CITY's Planning Department, it was determined that during the periods between census readings - i.e., from 1980-1990 and from 1990-2000 - population in the City was based on estimated projections 01~6/681040007/$ET661 DOC 1 provided by the BEBR. These estimates, as it turns out, were high, as seen by downward corrections occurring after the 1990 census and most recently after the 2000 census. One of the issues facing the CITY regarding future water use is that the major fluctuations in population estimates cause a similar fluctuation in the CITY's per capita demand. Per capita demand is the actual water use recorded at the CITY's Water Treatment Plant (WTP) divided by the permanent population of the C1TY's service area (including the town of Gulfstream). Exhibit 2 also depicts the fluctuating per capita demand ranging from 160 gallons per day (gpd) during the period when population estimates may have been inflated (1983-1989) to over 240 gpd after population estimates were readjusted downward after the 1990 census. Because of this overestimation in the past, BEBR has reduced their projections to a level that may now be too low. This is seen by the purple line in Exhibit 3, which depicts the water use projections based on the projected populations. Comparing this line with the projected water use based on the past historical trend reveals that the BEBR estimate is well below what the current water use trend would indicate. Although it is expected that the CITY may be near build-out, the CITY's expected annexations and continued changes in land use (e.g., from a car dealership to a high-rise condominium) cause the BEBR estimates to be too low. There are two reasons that these discrepancies are an issue with respect to the CITY's WUP: When per capita demands are greater than 200, SFWMD applies increased scrutiny to the water use projections provided by the CITY and requires additional justification for the relatively high per capita demands. Since the population projections appear to be low, even at the higher per capita demand of 240 gpd, the water use projections may also be low and thus may underestimate the actual water use expected to occur in the future. Finally, even with the apparent low water use projections, they are higher than what was projected in the SFWMD's Lower East Coast Regional Water Supply Plan. Similar to the relatively high per capita demand, projecting water use above the LEC estimates causes SFWMD to apply additional scrutiny to the CITY's WUP application. This additional scrutiny requires the CITY to conduct groundwater modeling that would be used to assess the potential impacts on other users, the environment, and saline water intrusion from increased withdrawals from the Surficial Aquifer System. In response to these apparent discrepancies and issues, the CITY's Environmental Services Depa,~ent has requested the CITY's Planning Department to conduct a detailed analysis of both past and future service area population estimates and related water use. The analysis results will be used to support the CITY's renewal application for water use submitted to SFWMD. In addition to the above analysis, CH2M HILL will assist the CITY by preparing the renewal application, conduct initial groundwater modeling, and submit the application with projected water use based on the historical trend. It is expected that this information submitted to SFWMD will not be totally complete since the population and water use analysis will be conducted separately and concurrently by the CITY's Planning Department. DFB/981{N0007/SET561 DOC 2 Groundwater modeling and population/water use analyses results will also be used to support the ongoing Water Supply Master Plan. Scope of Services Task 1 - Pre-application Meeting and WUP Application Preparation CH2M HILL will set up a pre-application meeting with the CITY and SFWMD to verify approach to the renewal process and will coordinate, chair and record and publish minutes. Following the pre-application meeting, CH2M HILL will prepare the WUP renewal application and will include the following information as required by SFWMD: Section I - Site Information · Site information · Project location map · Aerial photos of service area (assumed to be available from the SFWMD) Section II - Project Information · Map with locations of CITY wells · Table of all existing and proposed wells · Potential impacts due to requested allocation · Map showing the location of pollution sources within one mile of the wells Section IV - Public Water Supply Use · Current raw water use (previous 12 months) · Past raw water use · Per capita water consumption · Map of service area · List of interconnects with other water suppliers · Documentation of service area · Description of flowmeters, storage facilities, water plants, fire flow, and wellfield operation schedule · Average daily sewage effluent production for the previous 12 months · Raw water quality data · Water conservation plan including a discussion of: 1. Limitation of irrigation hours 2. Use of Xeriscape principles 3. Requirement of ultra-low volume plumbing in new construction 4. Water conservation-based rate structures 5. Leak detection programs 6. Requirements of rain-sensor override for new lawn sprinkler systems 7. Wa-ter conservation public education programs 8. Analysis of reclaimed/recycled water use 9. Schedule for implementing, assessing, and updating the water conservation plan · Documentation of the passage of an ordinance for items 1, 2, 3, and 6, above · Documentation of a wellfield protection ordinance OFB/9~1040007/SET561 DOC 3 Task 2 - Groundwater Modeling As part of the WUP process, groundwater modeling is required to demonstrate that no adverse impacts will occur to other users, the environment or saline water intrusion as a result of increased allocations. To address this requirement, SFWMD has issued guidelines on groundwater models to be used to support the application. The first model is a Type I analytical model and will bed used to estimate impacts caused by increased allocations from the Surficial Aquifer System. CH2M HILL will set up and simulate groundwater withdrawals from the CITY's wellfields using WinFlow (ESI, 2000), a 2-dimensional analytical model capable of simulating steady- state and transient flow. Model development will include the selection of appropriate hydraulic properties for the Surficial Aquifer System and placement of the withdrawal points (pumping wells). Adjacent Surficial Aquifer System wells (e.g. Boca Raton, Boynton Beach, Highland Beach, etc.) will be included in the model domain. Simulations will start with the projected 2020 maximum day raw water demand, pumping for 90-days with no recharge. This is the approach recommended by SFWMD in predicting "worst-case" impacts. After the initial simulation, depending on the results, withdrawal rates will be adjusted and reallocated across the CITY's wellfields to reduce the impacts. After adjustments are made and it results in apparent adverse impacts, additional modeling using a numerical model will be required as part of an amendment to this authorization. If however, no apparent adverse impacts are seen, the model results will be submitted to SFWMD in support of the WUP renewal application. Task 3 - Responses to Requests for Information (Allowance) It is expected that up to two Requests for Information (RFI) will be issued by SFWMD following submission of the application. One of the questions anticipated is a RFI on the justification for the increased water use allocation over and above what the current population estimates support. It is also anticipated that by the time the RFI is issued, the CITY's Planning Department will have completed their analysis of the population and water use demand estimates and thus would be used to support a response to the RFL Because of the unknowns associated with any RFI, this task provides an allowance for response to these RFIs, and thus will only be used at the discretion of the CITY. This allowance does include additional model runs utilizing the 2-dimensional analytical model, but does not include any contingency for more involved numerical model which will require an amendment to this authorization. It also assumes additional analysis of population or water use estimates will be conducted by the CITY's Planning Department. DFB/981040007/SET561 DOC 4 Deliverables The following deliverables will be included as part of this authorization: Task Draft Deliverable Final Deliverable Task I - Pre-application Meeting and WUP Renewal Application 2 copies of WUP renewal application 3 copies of pre-application meeting minutes 3 copies of WUP renewal application Task 2 - Groundwater Modeling 2 copies of Technical Memorandum 3 copies of Technical Memorandum include as part of WUP renewal application above Task 3 - Responses to RFIs 2 copies of response 3 copies of response (Allowance) Schedule CH2M HILL will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Specific Authorization from the City, which will serve as the notice to proceed. It is estimated that services described-herein will be completed within 8 weeks from the date of notice to proceed. The following summarizes the proposed schedule. Task Time of Completion (weeks from date of notice to proceed [NTP]) Start Finish Task 1 - Pre-application Meeting At NTP 8 weeks and WUP Renewal Application Task 2 - Groundwater Modeling At NTP 4 weeks Task 3 - Responses to RFIs TBD TBD (Allowance) OFBI9810400071SET561 DOC 5 Assumptions This scope of services was based on the following assumptions: The CITY will attend the pre-application meeting with CH2M HILL and the SFWMD at SFWMD headquarters in West Palm Beach. 2 The CITY will attend a meeting with CH2M HILL to discuss issues related to the WUP modification application. 3 Issues related to the surficial aquifer (salt water intrusion, wetlands, drawdown impacts, pollution sources) will be addressed per discussion with SFWMD staff. 4 The CITY will pay all permit fees. 5 Much of the information required to be included in the water use permit application has been collected as part of the CITY's ongoing Water Supply Master Plan Update. However, more recent information may be required from the CITY to complete the application, including: Raw water use data · Raw water quality · Flow rates from each well · List of interconnects with other water suppliers · Documentation of service area · Average daily sewage effluent production for the previous 12 months · A copy of the CITY's wa_te_r conservation plan that complies with the SFWMD's requirements, as listed in Task 1 · Documentation of the passage of an ordinance for the identified items in the water conservation plan, as listed in Task 1 · Documentation of the City's wellfield protection ordinance(s) 6 Water demand projections will be based on those developed for the Water Supply Master Plan update and are based on population projections provided by the CITY. 7 It is assumed that an analytical groundwater model will be acceptable to the SFWMD. If the SFWMD requires a numerical (i.e._MODFLOW) groundwater model, an amendment to tl'us Task Order will be required. Compensation to the CONSULTANT Compensation for professional consulting engineering services as described herein for Tasks 1 and 2 is estimated at $17,970. Compensation for services shall be lump sum in accordance with Arbcle VII.A.1 of the AGREEMENT. An allowance of $10,000 is included for Task 3, but will require separate written authorization to proceed from the CITY to utilize these funds and wdl be based on a labor and expense cost method of compensation (Article VII.A.2 of the AGREEMENT). Exhibit A attached presents a breakdown of the estimated labor and expense charges per the Agreement. This service authorization ts approved contingent upon the City's acceptance of and satisfaction w~th the completion of the services rendered in the previous phase or as encompassed by the previous service authorization, if the City m ~ts sole discretion is unsahshed ~ tth the servtces provided in the previous phase or service authorization, the City may termmate the contract without recurring any further habtlib,'. The CONSULTANT OFBI9810,,tO007 SEr~6~ 26C may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date: David T. Harden City Manager CH2M HILL, INC. (Corporate Seal) (date) t ~r~d ~ ~0~.&..M_..anager Witness~ Witness Attest: STATE OF FLORIDA COUNTY OF BROWARD Approved as to Legal Sufficiency and Form The foregoing instrument was acknowledged before me this 22nd day of October, 2002, by James Dyak, Vice President and Area Manager, CH2M HILL HILL, Inc., a Florida corporation, on behalf of the corporation. He is personallr'~wn to me and (did/did not) / //1 //,,/'.~q-./-/~., ~ ,,'/N L ------- Notary Public _.-"~ ,~'~ ~.~.~mmission # g0 887975 ~tate ot v~oncta :-~,....'~..--: ~ona~ 'thru ,i, i~,~-' . (Seal) ...... ,tl,,t,~ no,a,a~ Co.. OFIM)alO40007/SET561 OC~ 7 Exhibit t Historical Population and Water Usage Delra¥ Water Service Area 1990-2000 Total Water Year City Service Area Annual Population Usage Population (MG) 1990 41,181 44,762 3,981 1991 43,065 46,810 4,305 1992 44,949 48,858 4,430 1993 46,833 50,905 4,218 1994 48,717 52,953 4,422 1995 50,601 55,001 4,427 1996 52,485 57,049 4,982 t997 54,369 59,097 5,181 1998 56,253 61,145 5,568 1999 58,137 63,192 5,502 2000 60,020 65,239 6,383 2001 60,184 65,417 4,773 Average Per Maximum Ratio Max Day Usage Capita Day Usage Day/Average (MG) Usage (MG) Day Usage 10.91 244 13.33 1.22 11.79 252 15.73 1.33 12.16 249 17.79 1.46 11.55 227 15.67 1.36 12.12 229 18.36 1.51 12.13 221 16.16 1.33 13.65 239 17.37 1.27 14.2 240 17.45 1.23 15.24 249 20.00 1.31 15.06 238 20.50 1.36 17.48 268 26.22 1.50 14.30 219 22.32 1.56 Permiffed Annual Allocation 5,610 5,610 5,610 5,450 5,450 5,450 5,450 5,450 5,450 5,810 5,810 5,810 Average 240 1.37 Maximum 268 1.56 DFB/17307 xls I of I 0 0 0 0 0 0 uo!lelndod ¥SM N'O c.c o o o · e®AiSUOlle~) ~o suo!ll!W o o o o o o o o o o o o o o t~l o o o o o o o o o t'~ o o o o o o No. Request to be placed on: X Regular Agenda ~ Special Agenda __ Workshop Agenda AGENDA REQUEST Agenda Item Date: October 29, 2001 When: November 5, 2001 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization No. 9 to CH2MHILL for professional sermces for consumptive water use, permitting and ground water modehng. The total amount of Service Authorization No. 9 is $27,970.00 and funding is available from Account # 442-5178-536-31.30, Engmeenng / Architectural. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFr ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization No. 9 for CH2MHILL in the amount of $27,970.00. ~C~ Department head signature: · gu ~3. - c~ Determination of Consistency with Comprehensive Plan: City Attomey Rewew/Recommendation (if applicable):. Budget Director Review (resij~ on all items ~nvolv/ng expenditure of funds): Funding available: ~qO Funding altematives~ .(if applicable) Account No. & Description ~o~ -.b-/ 70° ' cS-d & -~.3/ ,~t9 ~.~et ~ ~o eet-/tq tO0, ¢CC~ Ci~ Manager Renew: ~ ~0 ~ Approved for agent: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S AEngAdm~nLProjectsL2003~2003 -017\OFFICIALXAgendaReq - 102902 doc MEMORANDUM TO: FROM' SUBJECT DATE: David T. Harden City Manager Joseph M. Director of Fi Purchase of Netdelivery Software October 25, 2002 The License Agreement between the City and Netdelivery was approved by the City Commission on October 15, 2002 (Item 8.R.) Although approval of the purchase of the software was included on the Agenda Request, this item was not included on the Agenda for Commission approval when the Agenda was prepared. (Attached is the back-up and a copy of the Agenda Request originally submitted for this item.) We would, therefore, request that the purchase of Netdehvery Software in the amount of $49,750 be placed on the next City Commission Agenda for approval Funding w~ll come from 115-2112- 521-66 10. /sam Attachments CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING - OCTOBER 15~ 2002 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS: 6. PROCLAMATIONS: I. "DELRAY BEACH ORCHID SOCIETY" 8. CONSENT AGENDA: R. LICENSE AGREEMENT/NETDELIVERY SOFTWARE: Approve a software license agreement between the City and NETdelivery Corporation, Inc. for the Delray Beach Police Department for preparation and electronic transmission of police reports. 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 ITEM NUMBER: AGENDA REQUEST Date: 10-14-02 Request to be placed on: x Consent Agenda ~ Special Agenda ~ Workshop Agenda When: 10-15-02 Description of agenda item: Approval of the purchase of Netdelivery Software in the amount of $49,750. Funding to come from 115-21'1 ~.-521-66.10. Approval of Netdelivery Software L~cense Agreement for this purchase. (see attached memorandum from Police Legal Advisor) ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO YES NO Recommendation: Approval is recommended by Police Department and Police Legal Advisor Department Head Signature: Determination of Consistency with Comprehensive Plan: n/a City Attorney Review/Recommendation (if applicable): from Police Legal Advisor see attached memorandum Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives 0f applicab?e): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDAITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda When: 11-05-02 Description of agenda ite of $49,750 Funding to cor Date: 10-25-02 Workshop Agenda ~ of Netdelivery Software in the amount attached correspondence) ORDINANCE/RESOLUTION REQUIRED: Draft of Resolubon Attached. YES NO X YES NO Recommendation: Approval is recommended by the Police Dept and Finance Director. Department Head Signature: (~~_~---~..~,_~~__ . _ Determination of Consistency with Com ~e~hensive Plan: n/a ~ City Attorney Review/Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes *(budget transfer is pending FY 01-02 budget rollover) Funding alternatives (if applicable): X* No Account Number. 115-2112-521-66.10 Software Account Description' Account Balance: City Manager Review: Approved for Agenda: Hold Until: $49,750.000 Agenda Coordinator Review: Received: Action Approved' Disapproved' P.O. # MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~P~ RATIFICATION OF - REGULAR MEETING OF NOVEMBER 5, 2002 MEMORANDUM OF UNDERSTANDING/ PROFESSIONAL FIREFIGHTERS AND PARAMEDICS, LOCAL 1842, IAFF NOVEMBER 1, 2002 On January 28, 2002, the City Commission ratified and approved the Collective Bargaining Agreement between the City and the Professional Firefighters and Paramedics, Local 1842, IAFF, effective October 1, 2001 and continuing in effect through September 30, 2004. The item before you is a Memorandum of Understanding modifying the terms of the Collective Bargaining Agreement to Article 19, Health Insurance. The City agrees to pay the total medical and hospitalization HMO and POS insurance premiums for all regular, full-time employees for the coverage that is in effect for general employees. The membership agrees to pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. The action requested is ratification and approval of the Memorandum of Understanding to the Professional Firefighters and Paramedics, Local 1842, IAFF Collective Bargaining Agreement. Refiagmemol 9.Professaonal F~ref~,hters and Pamme&cs. Memorandum of Understanchng JANUARY 28~ 2002 A Special Meeung of the City Commissmn of the City of Delray Beach, Florida, was called to order by Mayor David Schtmdt in the City Manager's Conference Room at C~ty Hall at 5:00 P.M., Monday, January 28, 2002. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissxoner Jon Levmson Mayor David Schmidt Absent - None Also present were - City Manager Dared T. Harden City Attorney Susan A. Ruby City Clerk Barbara Ganto Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the following items: 1. RATIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/PROFESSIONAL FIREFIGHTERS LOCAL 1842 IAFF: Approve and rattfy the Collective Bargaining Agreement and Memorandum of Understanding between the C~ty and Professional Firefighters of De[ray Beach, Local 1842 IAFF, for a 3-year period between October 1, 2001 through September 30, 2OO4. City Manager David Harden stated the cost of implementation of the agreement and memorandum of understanding is an added cost of approxamately $255,000 for this year with a larger ad}ustment next year due to the Lmplementalaon of the experience adlustment of approximately $478,000. Tlus item was brought before the Commtssion tomght since the Fire Department is begmmng to experience recrmtment problems and the Chtef would hke to start advertising the pay ranges to fill the current vacancies. Comnuss~oner Perlman made a motion to approve the Collective Bargaining Agreement and Memorandum of Understanding between the C~ty and Professional Firefighters of Delray Beach, Local 1842 IAFF for a 3-year period between October 1, 2001 through September 20, 2004, seconded by Commissioner McCarthy. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Smd motion passed with a 5 to 0 vote. ALLOCATION OF $12.50 FUNDS FOR COUNTYWIDE INTEROPERABLE RADIO SYSTEM: Dxrection regarding the City's position concerning the allocatton of $12.50 funds for Countywide Interoperable Radio System. The City Manager requested Commission's direction on the City's position concerning allocation of the $12.50 funds. The issue at this rune is the method of calculating the Memorandum of Understanding The City of Delray Beach, Florida and the Professional Firefighters and Paramedics, Local 1842, IAFF, agree as follows: 1. Effective October 7, 2002, the following Article shall substitute and supercede Article 19 Health Insurance in the Collective Bargaining Agreement between the parties dated October 1, 2001 through September 30, 2004 and such Article 19 shall no longer have any force and effect. ARTICLE 19 HEALTH INSURANCE Section 1 (a) The City agrees to pay the total medical and hospitalization HMO and POS insurance premiums for all regular, full-time employees for the coverage that is in effect for general employees. All regular, full-time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. (b) The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the HMO and POS hospitalization premiums for all employees under the new coverage. All regular, full-time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. (c) The City will provide the Union with notice of any changes in such coverage or in the premiums for dependent coverage thereunder as soon in advance of the effective date as is reasonably possible. Section 2 The parties agree that state or federally mandated health insurance plans may impact the parties' rights and obligations. The parties agree that if there are such mandates during the duration of this Agreement, the impact thereof shall be subject to bargaining. Section 3 The City reserves the right to change the medical and hospitalization insurance carder, but the level of deductible and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement. Section 4 The City will maintain an insurance committee to discuss and review the City's insurance programs(s), and to make recommendations to the City Manager regarding the City's insurance program(s). Any proposed changes in the City's insurance program(s) shall be discussed by the insurance committee before the changes are implemented. The insurance committee will be composed of one representative from each of the bargaining units in the City, appointed by the union representing that unit, a representative of the non-bargaining unit employees of the City, and management representatives. The City Manager will select the management members of the insurance committee. The parties represent that they have full legal authority to enter into this agreement. All other terms of the Collective Bargaining Agreement for the period October 1, 2001 through September 30, 2004 are binding, except where expressly modified herein or hereinafter modified by the parties. The parties understand and agree that the rate increases that became effective as of February, 2002 shall be paid for dependent coverage by employees who have elected such dependent coverage as of the payroll period beginning on October 7, and deducted from the paycheck issue date of October 25, 2002. Dated this Attest: day of October, 2002. City of Delray Beach, Florida City Clerk By: City Manager Approved as to Form City Attorney Professional Firefighters and Paramedics Local 1842, IAFF MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # - REGULAR MEETING OF NOVEMBER 5, 2002 RATIFICATION OF MEMORANDUM OF UNDERSTANDING/NATIONAL CONFERENCE OF FIREMEN AND OILERS (NCF&O), LOCAL 1227 NOVEMBER 1, 2002 On November 20, 2001, the City Commission ratified and approved the Collective Bargaining Agreement between the City and the National Conference of Firemen and Oilers (NCF&O), Local 1227, effective October 1, 2001 and continuing in effect through September 30, 2004. The item before you is a Memorandum of Understanding modifying the terms of the Collective Bargaining Agreement to Article 12, Health Insurance. The City agrees to pay the total medical and hospitalization HMO and POS insurance premiums for all regular, full-time employees for the coverage that is in effect for general employees. The membership agrees to pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. The action requested is ratification and approval of the Memorandum of Understanding to the National Conference of Firemen and Oilers (NCF&O), Local 1227 Collective Bargaining Agreement. Ref:agmemol 8.Natsonal Conference of F~remen & Oders. Memorandum of Understanchng Inc. in the amount of $70,683.08 and final payment in the amount of $88,973.10 for the completion of the Barrier Island Infrastructure Improvements. Funding is available from 448- 5461-538-65.42 (Barrier Island Storm Drainage). g.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period of November 6, 2001 through November 16, 2001. 8olo AWARD OF BIDS AND CONTRACTS: Bid award to Atlantic Painting & Sandblasting in the amount of $42,010 for repainting of the steel surfaces within Treatment Unit No. 4 at the Water Treatment Plant. Funding is from 442-5178-536-46.90 (W&S Repair & Replacement). Bid award to Duval Ford for the purchase of two (2) Ford Crown Victoria Police Vehicles in the amount of $49,486 under the Florida Sheriff's Association & Florida Association of Counties Bid Specification #1. Funding is available from 501-3312-591-64.20 (Vehicle Replacement). o Bid award under the Boca Raton Cooperative bid #2000-08 in the amount of $144,177 to American LaFrance Medic Master for a replacement paramedic rescue unit. Funding is available from 501-3312-591-64.20 (Vehicle Replacement). Purchase award to Kemper Insurance for general liability, auto liability and public official's liability insurance with policy limits of $1 million deductible and $5 million excess insurance above the deductible, in the amount of $78,900 for one year. Funding is available from 551-1575-591- 45.10 (General Liability). 8.J. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/ NCF&O~ LOCAL 1227: Ratify and approve the Collective Bargaining Agreement between the City and the National Conference of Firemen and Oilers (NCF&O), Local 1227, effective October 1, 2001 and continuing in effect through September 30, 2004. Mr. Perlman moved to approve the Consent Agenda, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:20 p.m., the Commission moved to Item 9.A. of the Regular Agenda. REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD -4- 11/20/01 Memorandum of Understanding The City of Delray Beach, Florida and the National Conference of Firemen and Oilers, AFL- CIO, SEIU, Local 1227, agree as follows: 1. Effective October 7, 2002, the following Article shall substitute and supercede Article 12 Health Insurance in the Collective Bargaining Agreement between the parties dated October 1, 2001 through September 30, 2004 and such Article 12 shall no longer have any force and effect. ARTICLE 12 HEALTH INSURANCE Section 1 (a) The City agrees to pay the total medical and hospitalization HMO and POS insurance premiums for all regular, full-time employees for the coverage that is in effect for general employees. All regular, full-time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. (b) The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the HMO and POS hospitalization premiums for all employees under the new coverage. All regular, full-time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. (c) The City will provide the Union with notice of any changes in such coverage or in the premiums for dependent coverage thereunder as soon in advance of the effective date as is reasonably possible. Section 2 The parties agree that state or federally mandated health insurance plans may impact the parties' rights and obligations. The parties agree that if there are such mandates during the duration of this Agreement, the impact thereof shall be subject to bargaining. Section 3 The City reserves the right to change the medical and hospitalization insurance carder, but the level of deductible and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement. Section 4 The City will maintain an insurance committee to discuss and review the City's insurance programs(s), and to make recommendations to the City Manager regarding the City's insurance program(s). Any proposed changes in the City's insurance program(s) shall be discussed by the insurance committee before the changes are implemented. The insurance committee will be composed of one representative from each of the bargaining units in the City, appointed by the union representing that unit, a representative of the non-bargaining unit employees of the City, and management representatives. The City Manager will select the management members of the insurance committee. The parties represent that they have full legal authority to enter into this agreement. All other terms of the Collective Bargaining Agreement for the period October 1, 2001 through September 30, 2004 are binding, except where expressly modified herein or hereinafter modified by the parties. The parties understand and agree that the rate increases that became effective as of February; 2002 shall be paid for dependent coverage by employees who have elected such dependent coverage as of the payroll period beginning on October 7, and deducted from the paycheck issue date of October 25, 2002. Dated this day of October, 2002. Attest: City of Delray Beach, Florida City Clerk By: City Manager Approved as to Form City Attorney National Conference of Firemen & Oilers AFL-CIO, SEIU, Local 1227 l~y: President MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER be~/~ AGENDA ITEM # "6~} - REGULAR MEETING OF NOVEMBER 2, 2002 RATIFICATION OF MEMORANDUM OF UNDERSTANDING{POLICE BENEVOLENT ASSOCIATION NOVEMBER 1, 2002 On July 10, 2001, the City Commission ratified and approved the Collective Bargaining Agreement between the City and the Police Benevolent Association, effective October 1, 2001 and continuing in effect through September 30, 2004. The item before you is a Memorandum of Understanding modifying the terms of the Collective Bargaining Agreement to Article 11, Health Insurance. The City agrees to pay the total medical and hospitalization HMO and POS insurance premiums for all regular, full-time employees for the coverage that is in effect for general employees. The membership agrees to pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. The action requested is ratification and approval of the Memorandum of Understanding to the Police Benevolent Association Collective Bargaining Agreement. Refiagmemo20.Pohce Benevolent Assoc~ataon. Memorandum of Understan&ng 8oNo AWARD OF BIDS AND CONTRACTS: Bid award to multiple vendors for the purchase of chemicals and fertilizers, via the City of Delray Beach Co-op Bid #2001-25 at an estimated annual cost of $183,000. Funding in the estimated annual cost of $69,000 from Parks and Recreation Operating Budget and in the estimated annual cost of $114,000 from the Delray Beach. e Municipal Golf Course and Lakeview Golf Course operating budgets. Approve the contract renewal with Office Depot via the Florida Atlantic University Agreement #OP A80 for the purchase and delivery of office supplies for an estimated annual cost of $126,350. Funding from various departments operating budget. Mr. Peflman moved to approve the Consent Agenda as modified, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 9.C. of the Regular Agenda. e REGULAR AGENDA: 9.C. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/POLICE BENEVOLENT ASSOCIATION: Ratify and approve the Collective Bargaining Agreement and Memorandum of Understanding between the City and the Police Benevolent Association (Police Officers and Sergeants) for the three year period October 1, 2001 through September 30, 2004. At this point, Ms. McCarthy left the dais. Mr. Perlman moved to approve the ratification of the Collective Bargaining Agreement & Memorandum of Understanding between the City and the Police Benevolent Association for the three year period October 1, 2001 through September 30, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mayor Schmidt - Yes. Said motion passed with a 3 to 0 vote. 9.D. RESOLUTION NO. 45-01: Consider approval of Resolution No. 45-01 which supports Amtrak passenger rail service between Jacksonville and Miami along the East Coast of Florida. The City Manager presented Resolution No. 45-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY -5- 07/10/01 Memorandum' of Understanding The City of Delray Beach, Florida and the Palm Beach Police Benevolent Association agree as follows: 1. Effective October 7, 2002, the following Article shall substitute and supercede Article 11 Hospitalization Insurance in the Collective Bargaining Agreement between the parties dated October 1, 2001 through September 30, 2004 and such Article 11 shall no longer have any force and effect. ARTICLE 11 HEALTH INSURANCE Section 1 (a) The City agrees to pay the total medical and hospitalization HMO and POS insurance premiums for all regular, full-time employees for the coverage that is in effect for general employees. All regular, full-time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. (b) The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the HMO and POS hospitalization premiums for all employees under the new coverage. All regular, full-time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. (c) The City will provide the Union with notice of any changes in such coverage or in the premiums for dependent coverage thereunder as soon in advance of the effective date as is reasonably possible. Section 2 The parties agree that state or federally mandated health insurance plans may impact the parties' rights and obligations. The parties agree that if there are such mandates during the duration of this Agreement, the impact thereof shall be subject to bargaining. Section 3 The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductible and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement. Section 4 The City will maintain an insurance committee to discuss and review the City's insurance programs(s), and to make recommendations to the City Manager regarding the City's insurance program(s). Any proposed changes in the City's insurance program(s) shall be discussed by the insurance committee before the changes are implemented. The insurance committee will be composed of one representative from each of the bargaining units in the City, appointed by the union representing that unit, a representative of the non-bargaining unit employees of the City, and management representatives. The City Manager will select the management members of the insurance committee. The parties represent that they have full legal authority to enter into this agreement. All other terms of the Collective Bargaining Agreement for the period October 1, 2001 through September 30, 2004 are binding, except where expressly modified herein or hereinafter modified by the parties. The parties understand and agree that the rate increases that became effective as of February, 2002 shall be paid for dependent coverage by employees who have elected such dependent coverage as of the payroll period beginning on October 7, and deducted from the paycheck issue date of October 25, 2002. Dated this day of October, 2002. Attest: City of Delray Beach, Florida City Clerk By: City Manager Approved as to Form City Attorney Police Benevolent Association [ITY OF DELAI:IY BEflgH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE ' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755 Writer's D~rect Line 561/243-7091 993 DATE: October 25, 2002 MEMORANDUM TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Project Agreement with F.I.N.D. Reqardin,q Two Seawall Parks The attached Agreements with F.I.N.D. provide for a 50% reimbursement to the City from F.I.N.D. for the construction of 2 seawall parks at the intersection of the Intracoastal Waterway and S.E. 3rd Street and the intersection of the Intracoastal Waterway and N.E. 4th Street. The seawall parks shall feature a 50 ft. seawall, signage and a bench to provide non-boat access to the Intracoastal Waterway for area residents. The City had previously adopted resolutions for these seawall parks, see attached, providing that it, the City, would authorize these projects and that the City would also apply to F.I.N.D. for the matching funds to construct the seawall parks. The adoption of the project agreement is the final step in this process. The total estimated cost for each park is $20,000.00. F.I.N.D. would pay 50% of this cost for each park under the terms of the Agreements. By copy of this memo to David Harden, our office requests that this item be placed on the November 5, 2002 City Commission agenda for approval. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer FAX 5~1 ~43 73L4 ~¥1RON~ENTAL SRV. DEPT. ATTA CH1VEENT E-6 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA 12q'LAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM W'I-IER.E~, ~ City of Delray Beach is interested in carrying out the ('3V~.,e of .4 g~ncy) following described project far the enjoyment af~he c[dzen~ of che City of Delray Beac~ ~d th~ State Proj~--~ Title tl.E. 4~h Street Sea~mll P~rk Total Estimated Cost $ _ 20, o00. O0 Brief Description of Pr~e~: This pocket Par~w~ll feature a 50 ft- sea%rail, signa~e, bench and ~arbage can. This Park will provide important, informal, non-boat access to the Intr~coastal Waterway for area residents. ~]004 AHD, Florida Inland Navigalion District financial ~ssistance is required for :he program mentioned above, NOW TPIER~FOR~, ~e ir resolved by the City of Delray Beach ~a.7~ of Ag~ncy) thac ~e project descm~ed abov~ be autho~zcd. A.~rlD, be it further resolved that said Cf[y of Delray Beach make applica:ion to the Florida Inland N~vigztion Diszrict in the amoun: of 50 % off the actual cost of:he project in behalf of said AND, be it fur£her resolved by :he _ t. hat k ceaifies to the following: City of Delray Beach ('IV'amc of Agenay3 C~cy of Palray Beach I. That it will accept the terms and conditions set forth in FI/CD P. ule 66B-2 F.A.C. and which will be a pa~t of the Project &~reement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal ~nd that it wi[l carry out the Program in th= manner described in the proposal and any plans and specLfic~tions atzaehed thereto unless prior approval for any change has been received from :he District. Fon~ No. 90-Il CR~v. LO-i~-92) 10/23/02 WED 11:48 [TX/RX NO 5555] ~u. ,o.u& ,,~.u ~'.~ r.~ ooi &4o ~Jl~ ~4~VlKU~I~.~'IAL SRV. DEFT. 3, That k has abilky and inten~on [o finance its sha f :he cos[ of th: project and that th~ proje~ wi~ b~ operated and maintained at the expense ofsa~d City of Delray Beach for pubt~c use. 4. That k ~ no[ d{~c~nat¢ a~a[nst any person on ~he bas~s of race, co[or or propose, ~d sha~ comply ~th the te~s ~d intent ~the Tide ~ of thc Civil ~ghts ~ of 1964, P. L. ~8-]S2 (1964) ~d d~sign ~d constm~ ~ facilities to comply ~lly w[~ ~amtes rela~ng to accessibili~ by handicapped p~sons ~ well ~ other federal, state ~d 1o~! laws, roles and requir~ents. 5. Thtt ~t ~11 m~ntain adequat~ financial records on the proposed proje~ ~o substantiate claims for reimbursement. 6. That it will ma~e avail~ie to F~ if requested, a post-audit of =~e~es incu~ed on the project prior to, or in conjunction ~th, request for the ~na[ 10% of the ~nd~g a~d to by ~. T~s is to ce~ that ~he forgoing is a ~e and correct cgpy of a r~olu~ion duly ~d A~est Si~amre Tide Title ~]005 Furm No. 90-11 (R. ev. 10-14--9Z) 10/23/02 WED 11:48 [TX/RX NO 5555] [gGG~ ON W'H]EREAS. THE ~ c~ .I:l~.zalr .B~__._~ is interested in car~ing om the lo,owing des~bed p~ojec~ for the enjoymem of the ck~zen~ of ~he city of ~lray ~ach ~d ~he S~e of Florida: Project Title S.E. 3rd Street Seawall P~rk Total Es:]rnated Cos: $ 20,000.00 Brief Description of Project: This pocket Park will feature a 50 ft. seawall, signage, bench and garbage can. T~s Park will provide important, informal, non-boat access to the Intracoas~al Waterway for area residents. Florida Inland Navigation District financial assistanc~ is reqmred for thc program mentioned above, IqOW TI-tJSladEFOR.E, be it resolved by the that the project described above be authorized, A2qI), be it further resolved that sai,t City of Delray Beach · city ~of~,De.~.ray Beach make application to the Florida ~land Navigation ~istric~ in the amoun: of actual cos: of the project in bchalfofs~id City of Delray B~ach that ix certi.6es to the following: 50 % of:he 1. That it will accept the terms and conditions set fort. h in FIND Rule 66B-2 F.A.C and which will be a p~rt of thc Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the aftra:hod proposal and thaz it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Form No. S0-tl --zoo ~ [9~ ON XH/~,I-,] 00:~I /I:~ Th~ i~ has' ~bili~ and int~mion m financ~ its sh~ f~he ~o~ of the project and that the project wi~ be operated and maintained at the expense of said _.City of ~l~y ~a~ for public use. 4. That ix will not diacfi~nax~ agains~ any person ~n th~ b~is of race. color or naxinnM o6~n ~ tb~ use of any property ~r facilky acquired ar d~eloped pursuant to ~ proposal. ~d shall comply with the terns and intent of the ~tle ~ of~a Civil ~ghts A~ of 1964. ~. L, 88-~52 (196~) and design ~d constm~ afl facilities to eamply ~lly with statutes rela~ng to ~eess~ty by handicapped persons ~ well as other feder~, grate and lacal laws. mica and requirements. 5, That it ~11 maintain adequate financial records on ~he proposed project to substantiate claims for reimbursement. 6. That it will ma}e available to F~ if requested, a post-audit of expemes in~ed on the project prior to, or in conjunction with, request for the final 10% of the ~nd~g agreed to by F~. This is to .e~ that the foregoing is a ~e and eo~ect copy ora resolution duly and legally adopted by the City Commission of held o~n this 1~~- dayof ,~~ Title the City of I;~lray B~a~a~egal meeting; Signature oP,, . Title Furm lq'o. 90-11 (Ray. 10-11-92) (2) FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. PB-DB-02-98 This PROJECT AGREEMENT made and entered into this day of ., 200_ by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Delray Beach, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Seawall Parks. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2004, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from October 1, 2002. The PROJECT SPONSOR acknowledges there are no provisions to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2005, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July 1, 2004. This request will then be considered by the DISTRICT Board, whose decision shall be final. 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Fifty percent (50%) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $20,000.00. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B: PROJECT COSTS must be incurred and work performed within the PROJECT per/od, with the exception of pre- agreement costs, if any specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. and in accordance with administration, inspection, surveying costs. 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement. 7. REIMBURSEMENT PROCEDURES PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT Exhibit A: personnel, equipment, project management, and design, p~rmitting, planning, engineering, and/or The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT The I~ROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three- year retention period. 10. NONCOMPLIANCE - The DISTRICT shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER ~ The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION o The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 18. PROJECT MAINTENANCE - When and where applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 21. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 23. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To PROJECT SPONSOR at: City of Delray Beach Attention: City Engineer - 434 Swinton Avenue Delray Beach, FL 33444 24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, parmer, or joint venturer with the PROJECT SPONSOR. 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 28. LITIGATION COSTS/VENUE - In the event that the DISTRICT or the PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: DISTRICT FLORIDA INLAND By: DATE: NAVIGATION CHAIR WITNESSES: PROJECT SPONSOR By: Title: DATE: EXHIBIT A CHAPTER 66B-2 -- WATERWAYS ASSISTANCE PROGRAM 66B-2.001 66Bo2.002 66B-2.003 66B-2.004 66B-2.005 66B-2.006 66B-2.0061 66B-2.007 66B-2.008 66B-2.009 66B-2.010 66B-2.011 66B-2.012 66B-2.013 66B-2.014 Purpose. Forms. Definitions. Policy. Funds Allocation. (2002) Application Process. Emergency Applications. Application Form. (Repealed) Project Eligibility. Project Administration. Project Agreement. (Repealed) Reimbursement. Accountability. Acknowledgement. Small-Scale Spoil Island Restoration & Enhancement Projects. 66B-2.001 J Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be knoxSvn hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Specific Authority 374.976(2) FS. Law Implemented 374 976(1) FS History-- New 12-17-90, Formerly 16T-2.001. EXHIBIT A 66B-2.002 -- Forms. All forms for the administration of this program are available from the District office. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History ~ New 12-17-90, Formerly 16T-2.002. 66B-2.003 -- Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of .the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. 2 EXHIBIT A (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (13) "MEMBER COUNTY" means a county located within the taxing boundaries of the District, which includes Duval, Brevard, Indian River, St. Lucie, Martin, Palm Counties. St. Johns, Flagler, Volusia, Beach, Broward and Dade (14) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (15) "PRE-AGREEMENT COSTS" means project costs approved by the District Board that have occurred prior to the execution of the project agreement. (16) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (17) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (18) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (19) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. EXHIBIT A (20) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (21) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (22) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (23) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (24) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (25) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable rivers, bays, creeks or lagoons intersected by said waterway and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterway. (26) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holisfic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific .~uthority 374.976(2) FS. Law Implemented 374.976(1) FS. l~story ~ New 12-17-90, ,dmended 9-2-92, 2-6-97, Formerly 16T-2.003, ,~mended 5-17-98, 3-21-01. EXHIBIT A 66B-2.004 -- Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties may also be provided financial assistance, support, and cooperation in planning and carrying out beach renourishment and inlet management projects. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out beach renourishment and inlet management projects. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall . , EXHIBIT A contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (2) Notification: The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in s. 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. EXHIBIT A (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (7) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (8) Third-Party Agreements: Projects that are being developed and operated by a third party which is a not-for-profit agency shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement, and submission of the third party's most recent audited financial statement. All third party projects shall be open to the public in accordance with this rule. (9) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non- compliance with any of the terms of the project agreement or this rule, if such non- compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. . , EXHIBIT A Speci~c ,4uthortly 374.976(2} FS Law Implemented 374 976(1), (2,) FS. H~story -- New 12-17-90, ,4mended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02. 66B-2.005 -- Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (a thru e) Waterways Assistance Program Application Evaluation and Rating Form (effective date 03-21-01); and 93-25 and 93-25 (a and b) Waterways Assistance Program Navigation Districts Application Evaluation and Rating Form, (effective date 03-21-01), hereby incorporated by reference and available from the District office. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) per cent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, in counties that are recovering from a state of emergency declared under Chapter 252, Florida Statutes. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at minimum, equal matching funds from the project sponsor with the exception of public navigation projects that meet the provisions of s.66B-2.005(7) and small-scale spoil island restoration and enhancement projects that meet the provisions of s.66B-2.013. Applicant's in- house costs are limited pursuant to.s. 66B-2.008(1)(c). All financial assistance to seaports shall require equal matching funds. The District shall contribute no more EXHIBIT A than fifty percent (50%) of the local share of the cost of an inlet management or beach renourishment project. The District shall not contr/bute funding to both the state and local shares of an inlet management or beach renourishment project (3) Pre-agreement Expenses: The project sponsor shall not commence work on an approved project element pr/or to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre-agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be approved if they are consistent with the provisions of rule 66B-1.008 and occur within the fiscal year of the grant application submission (October 1st to September 30th). Pre-agreement expenses, except for projects approved by the Board as multi-year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of the approved pre-agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi-year projects. (4) Multi-Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application review process. (5) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set , . EXHIBIT A forth in s. 66B-2.005(1) from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in s. 66B-2.005(1) from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (6) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty per cent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to s. 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. Co) Beach Renourishment All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation 10 EXHIBIT A inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with s. 161, F.S. (7) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to ninety (90%) per cent program funds include: (a) Navigation channel dredging where the project sponsor demonstrates that the source of channel sedimentation has been identified and is in the process of or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project,. (b) Navigation channel lighting and markers. Other public navigation projects or project elements will only qualify for up to fifty percent (50%) program funding. Specific Authority 374.976(2) FS. Law Implemented 374.976(I), (3) FS. History -- New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98, 8-26-99, 3-21-01, 7-30-02 66B-2.006 -- Application Process. (1) Application Period: Applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Application Form Number FIND 90-22 (effective date 7-30- 11 EX_HI~B IT A 02) and 93-22 (effective date 7-30-02) are hereby incorporated by reference and available from the District office. With the exception of Small-Scale Spoil Island Restoration and Enhancement projects, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22. All applications for financial assistance and support through this program from navigation related districts shall be made on Form Number FIND 93-22. (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date 10-14-92) hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project, the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Application Review: Applications will be reviewed by the local FIND Commissioner before being submitted to the District Office. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02) and for compliance with the eligibility requirements of this rule. W'hen an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. (6) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will 12 EXHIBIT A directly benefit the maintenance of the Okeechobee Waterway channel in Martin County as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to s.163, FS. or s. 374.984(6)(a), FS. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre-agreement expenses, permitting and property control requirements. (7) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (8) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Forms No. 91-25 (effective date 3-21-01), and No. 91-25(a thru e) for Waterways Assistance Program applications, and 93-25 and 93-25(a & b) for Navigation Related District applications, hereby incorporated by reference and available from the District office. The total points awarded to each application by the Commissioners will be averaged to determine an applications final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur ii' the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commission-ers vote for reconsideration of the application. (9) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to 13 EXHIBIT A each project. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly 16T-2.006, Amended 5-25-00, 3-21-01, 7-30-02. 66B-2.0061 -- Emergency Applications. Emergency applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS History ~ New 6-24-93, Amended 2- 6-97, Formerly 16T-2.0061. 66B-2.007 -- Application Form. (Repealed) Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -- New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95, Formerly 16T-2.007, Repealed 7-30-02. 66B-2.008 - Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be. distributed to applicants with the project application. 14 EXHIBIT A 1. Public navigation channel dredging; 2. Public navigation aids and markers; 3. Inlet management projects that are a benefit to public navigation in the District; 4. 5. 6. 7. Public shoreline stabilization; Public spoil disposal site development; Waterway signs and buoys for safety, regulation or information; Public boat ramps and launching facilities and land acquisition for additional trailer parking at an existing boat ramp; 8. Public boat docking and mooring facilities; 9. Derelict Vessel Removal; 10. Waterways related environmental education facilities; 11. Public fishing and viewing piers; 12. Public waterfront boardwalks; 13. Waterways boating safety programs and equipment; 14. Beach renourishment navigation inlets, navigation navigation project; and 15. Other waterway related projects. (b) Ineligible Projects program funding or matching reoccurring personnel related programs and on beaches adversely impacted by structures, navigation dredging, or a or Project Elements: Project costs ineligible for funds will include: contingencies, miscellaneous, costs, land acquisition that is not for additional trailer parking at an existing boat ramp and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping; 2. Park and playground equipment; 3. Restrooms for non-.waterway users; 4. Tennis courts; 15 EXHIBIT A 5. Roadways providing access to non-waterway users; 6. Parking areas for non-waterway users; 7. Utilities for non-waterway related facilities; 8. Lighting for non-waterway related facilities; 9. Irrigation equipment; 10. Maintenance equipment; 11. Picnic shelters and furniture; 12. Vehicles to transport vessels; 13. Operational items such as fuel, oil, etc. (c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. 2. The following project costs, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, will be eligible only as matching costs and cannot exceed fifteen (15) percent of the applicants match: a. Applicant's non-recurring personnel costs; b. Applicant's equipment costs; c. Applicant's in-house project management administration, and inspection costs; 16 EXHIBIT A d. Applicant's in-house design, permitting, planning, engineering or surveying costs for completed construction project; e. Applicant's other in-kind services. Before reimbursement is made by the District on any of the costs listed in subsection 1. or 2. above, a construction contract for the project approved and executed by the project sponsor and project contractor must be submitted to the District. (d) Phase I Projects: Applications for eligible waterway projects that include construction elements below mean high water will be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work will be submitted along with the Phase I application for Board review. Applicants for Phase II funding will demonstrate that the environmental permitting element of Phase I will be completed by the District's final TRIM hearing. This demonstration will be by the submission of the required environmental permit(s) or by the submission of a letter from the agency stating that a permit is not required. Should the environmental permitting element of Phase I of an application for a construction project not be completed by the District's final TRIM hearing, the Phase II project will not be considered for funding. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any application deficiency. (2) Property Control: The site of a new proposed land-based development project, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum per/od of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public 17 EXHIBIT A property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co- applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws and regulations in the development of the project. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten (10%) percent of their slips or mooring areas available for transient vessels. Program funds to public marina projects shall not be utilized for maintenance of the facilities if revenues generated by the facility are not exclusively allocated to the operation, maintenance and improvement of the public marina facility. (5) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs. Specific Authortty 374.976(2) FS. Law Implemented 374.976(1) -- (3) FS. History -- New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31- 99,5-25-00,3-21-01, 7-30-02. 66B-2.009 -- Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be' a member of the eligible applicant's staff, to 18 EXHIBIT A act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement, prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the apprc~'ed project's category nor result in a reallocation of more than 35% of the approved funding of the project among project elements. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or 19 EXHIBIT A project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95- 02, "Assistance Program Project Quarterly Status Report, dated 7-30-02, hereby incorporated by reference and available at the District office. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with s.66B-2.011. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three (3) years of the date beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and available from the District office, which certifies that the project was completed in adcordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. 20 .... EXH]tAIT A 2.013. (c) Photograph(s) showing the installation of the sign required by s. 66B- (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment, which will include all retained funds from previous requests. $t2ecific Authority 374 976(2) FS. Law Implemented 374.976(1) FS. History ~ New 12-17-90, Formerly 16T-2.009, Amended 3-21-01. 66B-2.010 -- Project Agreement. (Repealed) Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. Htstory -- New t2-17-90, Amended 9-5-96, 1-01, Formerly 16T-2.010, Repealed 7-30~02. 66B-2.011 -- Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis: The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective 7-30-02), hereby incorporated by reference and available from the District office. (1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provir]ed by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of (a) the percentage total.of project funding that the Board has agreed to fund, or (b) the maximum application funding assistance amount. 21 EXHIBIT A (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History ~ New 12-17-90, Amended 6-24-93, Formerly 16T-2.011, Amended 3-31-99, 7-30-02 66B-2.012 - Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system that meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with s.66B-2.009(4). 22 EX.HI]BIT A (3) Completion Certification: All required final completion certification documents and materials as outlined in s.66B-2.009(8) of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(2} FS. Law Implemented 374.976(0 FS. History -- New 12-17-90, Formerly 16T-2.012, Amended 7-30-02. 66B-2.013 -- Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project that indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. 23 EXHIBIT A Spectfic Authority 374 976(2) FS. Law Implemented $74.976(1) FS. Htstory -- New 12-17-90, Formerly 16T-2.013. 66B-2.014 -- Small-Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure - A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02 Call for Proposals - Small Scale Spoil Island Restoration and Enhancement Program, effective date 7-30-02, hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10%) matching funds may include in-kind contribution pursuant to s66B- 2.014(4) (b). (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding. (a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form appro.ved by the District. 24 (4) Funds Allocation: Funds shall be allocated pursuant to s. 66B-2.005, subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year. (b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction Iabor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. (5) Hold Harmless Waiver: All volunteers, who are not government employees, shall sign a hold harmless waiver Form No. 02-01 (New 7-30-02) as approved by the District and hereby incorporated by reference and available from the District office. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History ~ New 7-30-02. 25 EXHIBIT B FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAbI PROJECT COST ESTIMATE (See Rule Section 6611-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: APPLICANT: Seawall Parks City of Delray Beach Project Elements Q u antity Es tim at e d ('Number and/or Cost Footage) Applicant's Cost FIND Cost Construction of seawall Bench, signage & garbage can 100 ft. $36,000 $18,000 $18,000 2 each $ 4,000 $2,000 $2,000 $20,000 S20,000 - TOTALS Fo~ No. 90-25~ewlO/14/92) EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification Project Title:A]~ ~' ~S¢~"_g~'~.5'~ ~ ~'~'~(S Project#: I hereby certify that the above referenced project Sponsor, as of October 01,200_, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated October 200_.* Project Liaison Name: ~A/O~ ~' ~'/~'C~/~ P roj e ct Liaison Signature: Date: Z .5"~ 7/.- 2 ~:~ 7___ *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9/95 (revised 7-30-02) , , EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT SPONSOR: Amount of Assistance All Funds Previously Requested Balance Available Funds Requested Less Retainage (-10% unless final) Check Amount Balance Available Less Check Amount Balance Remaining PROJECT NO.: BILLING NO.: Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "B") SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant Cost FIND Cost FIND - Form No. 90-14 (NOTE: Signature Required on Page 2) Effective Date 7-30-02) FIND - Form No. 90-14 ~ag'e ~w~ Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "B") EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant FIND Cost Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "B" of the Project Agreement. * Project Liaison Date *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second de~ee, i)unishable as provided in s. 775.082 or s. 775.083 F.S. FIND - Form No. 90-14 Effective Date 7-30-02) EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Cooperative Assistance Program Project Agreement between the Flor/da Inland Navigation District and ., dated ,20 , and that all funds were expended in accordance with Exhibit "B" and Paragraph 1 of the Project Agreement. * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S.. FIND Form No. 90-13 (Effective Date: 12-17-90, Revised 7-30-02) PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT Report Due: Oct 1-DEC 15 (Dec 31) REPORT PERIOD Dec 15-Mar~: Mar 1-June 15 (March 15) (June 31) June 15-Sep 1 (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 (Effective Date: 7-30-02) EXHIBIT G WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 2002 - DECEMBER 31, 2002 - MARCH 15, 2003 - JUNE 30, 2003 - SEPTEMBER 15, 2003 - DECEMBER 29, 2003 - MARCH 15, 2004 - JUNE 29, 2004 - Project Agreement Executed, Project Initiates. First Quarterly Report Due. Second Quarterly Report Due. Third Quarterly Report Due. Fourth Quarterly Report Due. Fifth Quarterly Report Due. Sixth Quarterly Report Due. Seventh Quarterly Report Due. NOTE: If project will not be completed and all close out paperwork submitted by September 1st, a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 3, 2004 - Closeout paperwork due. September 28, 2004 - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require advance notice and prior written approval of the District. Appropriate timing for modifications to the project cost estimate, Exhibit B, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit B may result in revocation of this agreement pursuant to Paragraph 13 of the project agreement. EXHIBIT H FLORIDA INLAND ,NAVIGATION DISTRICT [ITYI]ELIII:I¥ llffi[H DELRAY BEACH NI-AmericaCity 1993 2001 FROM: 100 N.W. 1st AVENUE MEMORANDUM David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager DELRAY BEACH, FLORIDA 33444 561/243-7000 DATE: October 28, 2002 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 5, 2002 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for December 12, 2002 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, and NE 2nd Avenue from Atlantic to NE 2nd Street and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. BACK6ROUND Attached is a request for approval and City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is $6,860. City Commission has capped the amount the City would pay for overtime at $6,500 for these events. Actual overtime costs for last years event were $7,105. Attached is a copy of a certificate of insurance and hold harmless agreement, also attached is a copy of the event budget. This is not a new event. RECOI~IF.~IDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $6,500 for overtime costs with any difference to be paid by the Joint Venture. RAB/tas cc: Lt. Geoff Williams Joe Weldon Rich Olson Ftle U SWEENEY/EVENTS Doc Art & Jazz December 2002 Prmted on Recycled Papor THE EFFORT ALWAYS MATTERS October 9, 2002 Mr. Robert A. Barcinski City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 avenue RE: AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE Dear Mr. Barcinski: City Commission is requested to endorse the Art & Jazz on the Avenue event scheduled for Thursday, December 12, 2002 and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. This Art & Jazz will include the newly redeveloped areas such as West Atlantic Avenue, Pineapple Grove Main Street and the beachside. We are requesting street closure on Atlantic Avenue for the following areas only: o Atlantic Avenue from Swinton to NE/SE 7th Avenue o South side of Atlantic Avenue from 7th to just past the Blue Anchor Pub o Railroad Way from Atlantic Avenue to N.E. 1st Street o NE 2nd Avenue from Atlantic Avenue to NE 2nd Street Closure will be from 6:00 p.m. to 10:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, monitoring the FEC railway crossing, stage use setup and removal, and banners and signage setup and removal. The City's support of this event, with no charge to the Joint Venture, is crucial to our success. Your consideration and cooperation is very much appreciated. ,~incerely, ~.. MARJORIE FERRER Downtown Coordinator Isk DELRAY BEACH JOINT VENTURE * Community Redevelopment Agency * Delray Beach Chamber of Commerce * Downtown Developmental Authority 64-A S E Fifth Avenue, Delray Beach, FL 33483 · Tel' 561-279-1380 ExL16 * Fax 561-278-0555 * www delraybeachvlllagebythesea com ,CORD. WED 10;30 FA/ 561278.5241 PL, ASTRIDGE ~J00l =ICATE OF LIABILITY INSURANCF ,, _ TH~ C~R~FICATE ~ ~UED AS A MA~ER O~ INFORMATION Down=own Delr=~ ~m=ch Join= Veneur~ Delra¥ Beach FL 33444 ONLY AND CONFERS NO RIC-.-.-.-.-.-.-.-.~T.S UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEI'JD, EXTEND OR ALTER THE COVERAGE AFFOPJDED BY THE I;"OUCIE$ BELOW, INSURERS AFFOF:~U!4G COVERAGE COVERAGES '/%"-." ~[.JC.)E$ CF )N$',J.~AI':CB ~.ISTED BEA. OW HAVE BEEN I$$t, BID TO THE [I'.~UI[ED NA~EDA~'E FOR TT.Ps ~'OL'C¥ PEEIOD tND~T. ATED. NOT%.'ZITI-~TAI~D1NG ANY REC4.,IR,FN1ENT. TE~M OR CCINDI ,'ION CF Al'fY CCNTRACT ,OR CTHE=[ DC C.U,'vlENT '.'¥1'TH ~ES P~EC ," TO W~:C."-: THIS CP..'RTIF~CA ,-'E .,,4~¥ ~E I$$UCO OR MAY' PE~-'T,,~N. THE INSURANC:~ APFOR!DED 5Y THE FOLJCIES DESCRIBED HERE~N IS SU~IECT TO ALL THE TERMS, F_XTgUS1ON$ AND CONDITIONS OF F'OL CIE$ AGGREGAT~ LIMETS ..*MCW q ['.lAY HAVE BEEN R~OUCE..'D EY PAID ~._A~.~ POLLY NdM B~.R A [ NEI"~N'n 0 N ~ EMPLOYER~' I,~.~ILWY CLS~737702 0~I23/02 01/23/03 ~c'. cc~,~'~=,'~ ; $ tO000OO [$I000000 Holder is name~ ~s &d~c~tional named insu=e~. Spec~a! Event - 5 Ar'l; & ~azz o,~ ~,e A~anua ~n~ 8 ~u~m~ar Niq~ts o= ~he Avenue. CERTIFICATE HOLDER i N I ~0~L m~.su~: ,NSU~ LE'rr~m DELRA- 1 !00 N.W. ls% A~e_nue Del==y Beach FL 33444 ACORD 2~-S UmT) CANCELLATION ~EflTA~. SPECIAL EVENT HOLD HARMLESS AGREEMENT The Downtown Delray Beach Joint Venture in consideration of the payment of ten (10) (Name of Entity) dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Downtown Delray Beach Joint Venture use of City facilities or (Name of Entity) property for the special event of *ART & JA?? and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of ART & JAZZ (Name of Entity) * This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Downtown Delray Beach Joint Venture as covered under Scottsdale Insurance Company Policy number CLS0737702 ART & JAZZ (Name of Special Event) Witness Print Name Please name Michael Lis~ck, Chairman Delray Beach Joint Venture Michael Listick Print Name 12/~5/200! 12:14 56127~a555 D~ O..~P,N~E~ ~ PP, GE 02 [ITY JIF DELAI:IY BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct L~ne' 561/243-7091 DATE: October 17, 2002 MEMORANDUM TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Motion to Stay/Ordinance No. 13-02(A) Ordinance No. 13-02(A) was presented to the City Commission at its June 4, 2002 City Commission meeting. Ordinance No. 13-02(A), if adopted, would have amended Ordinance No. 70-89. Ordinance No. 70-89 provided for the historic designation of the "Fontaine Fox House" historic site. Frank McKinney, the Applicant, had requested an amendment to Ordinance No. 70-89 in order to allow for greater development of the historic site. Prior to June 4, 2002 the Commission denied the proposed amendment to Ordinance No. 70-89 as requested by the Applicant. Ordinance No. 13-02(A) was based upon the comments of the Commission at the prior public hearings regarding Ordinance No. 70-89. The Applicant filed a Petition for Writ of Certiorari with the Circuit Court prior to the June 4, 2002 City Commission meeting. At that meeting the Applicant requested that the Commission stay the reading of Ordinance No. 13-02(A) as the Ordinance did not reflect the changes to Ordinance No. 70-89 that the Applicant requested. Our office recommended that the stay be granted. The Commission approved the stay with the condition that reviews take place every six months or at some other appropriate time depending on how the lawsuit is proceeding. The lawsuit is proceeding in Circuit Court. The City has filed its response. At this time our office would recommend that the Motion to Stay be continued until such time as the lawsuit is concluded. By copy of this memo to David Harden, our office requests that this item be placed on the November 5, 2002 City Commission agenda. Please call if you have any questions. CC: David Harden, City Manager Barbara Garito, City Clerk £1TV OF OELRrI¥ BEI:I£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: October 23, 2002 MEMORANDUM Writer's D~rect L~ne 561/243-7091 TO: FROM' City Commission Brian Shutt, Assistant City Attorney SUBJECT: Ratification of Appointment of CRA Vice-Chair Kevin McCarty was appointed Vice-Chair of the Community Redevelopment Agency on July 13, 2000 by the CRA Board. Pursuant to Florida Statute Section 163.356(3)(c) the City Commission must appoint the Chair and Vice-Chair of the CRA. It does not appear that the Commission has ratified the appointment of Mr. McCarty to the position of Vice-Chair. The CRA has requested that the Commission ratify the appointment of Mr. McCarty to Vice-Chair. By copy of this memo to David Harden, our office requests that this item be placed on the November 5, 2002 City Commission agenda. Please call if you have any questions. CC: David Harden, City Manager Barbara Garito, City Clerk Diane Colonna, Executive Director CRA [IT¥ I)F DELRn',' BEI:I[H CITY ATTORNEY'S OFFICE ~.00 ,,,w ,,,t.,,v,~$~,,. ~,,~,...,,..,,~ ,,~^c,,, ,~,~0,,~,^ 33444 TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755 1993 DATE: Writer's Direct Line: 561/243-7091 MEMORANDUM October 30, 2002 TO: FROM: City Com~ Brian Shutt, Assistant City Attorney SUBJECT: Agreement with Chris Ever[ Charities The attached agreement between the City and Chris Evert Charities (Charities) provides for the holding of the annual Chris Evert Pre-Celebrity Tennis Classic at the Tennis Center on November 22-24, 2002. The City shall make a $25,000.00 contribution to Charities with Charities making a $20,000.00 contribution to the Drug Abuse Foundation of Palm Beach County. The City shall also provide an electrician as well as on-site security for the event. By copy of this memo to David Harden, our office requests that this item be placed on the November 5, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Robert Barcinski, Asst. City Manager Becky O'Conner, Treasurer AGREEMENT THIS AGREEMENT, made and entered info this __ day of ,200 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "CITY"), and CHRIS EVERT CHARITIES, INC., (hereinafter referred to as "CHARITIES"). WITNESSETH: WHEREAS, the CITY owns and controls certain property upon which is located the City of Delray Beach Municipal Tennis Center; and, WHEREAS, CHARITIES, is desirous of using the Municipal Tennis Center for the purpose of holding a sporting event to be known as the Chris Evert Pro-Celebrity Tennis Classic ("Classic") at the Tennis Center; and, WHEREAS, the CITY believes that holding the Chris Evert Pro-Celebrity Tennis Classic at the Municipal Tennis Center (the Site) will grant the citizenry o£ Delray Beach many tangible and intangible benefits; and, WHEREAS, CHARITIES understands that Coca-Cola Enterprises, Inc. (Coca-Cola) has exclusive pouring rights at the Tennis Center and CHARITIES shall not enter into any agreements that would be counter to Coca-Cola's pouring rights in the City unless otherwise agreed to by CITY, Coca-Cola Enterprises, Inc. and CHARITIES. NOW, THEREFORE, in consideration o£ the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. LICENSEI TERM. ~ The CITY hereby grants to CHARITIES for November 22-24, 2002, the right and privilege to stage, use, manage and operate the municipal tennis stadium and necessary surrounding property for a two Day Classic. CHARITIES' rights shall cover an additional five (5) day period before the commencement of the Classic to set up necessary facilities and an additional day after the Classic to remove necessary facilities. 2. LICENSE AGREEMENT ONLY. This agreement between the CITY and CHARITIES is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a license agreement only. Furthermore, this License Agreement does not grant nor is CHARITIES receiving hereunder any rights to any real property of the CITY nor any property interests except as set forth in this agreement. 3. FACILITIES AND SERVICES PROVIDED BY CITY. (a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to provide, at no charge to CHARITIES the following facilities and production assistance in connection with the conduct of and staging of the Classic: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) use of an 8,200 seat stadium court and three (3) practice courts throughout the Classic (the "Courts") with "seat kills" to be in place by the CITY to reduce the seating capacity to 4,000; use of a mutually agreed upon number of courtside boxes and skyboxes; preparation and maintenance of the Courts throughout the Classic; television tower and platform and all necessary electricity to provide power to the tower and platform throughout the Classic; a public address system; nets, net posts, single sticks, an umpire's chair, linepersons chairs, skirted tables, end and side line buntings, and numbered seating; parking for boxholders, players, sponsors, ticketholders, press, staff, and volunteers (CHARITIES to implement, manage and staff parking, including reserved areas); all electrical power and one on-site electrician (all costs and expenses are CITY'S responsibility) for the duration of the Classic (hook-ups not included); adequate space for and operation of concessions, retail booths, etc. (CHARITIES shall place and operate the concessions and retain all revenues from its concessions and retail booths); 2 (x) restroom facilities and supplies; (xi) additional courts for pro-am, clinics, etc., as mutually agreed; (xii) the use of areas for celebrities, press, press interview, tournament staff, volunteers, ballkids, officials, ticket office, and VIP hospitality and the use of locker rooms, as mutually agreed. Areas should include tables, chairs, furniture and air conditioning, as mutually agreed; (xiii) on and off-site directional signage; (xiv) all necessary permits; (xv) on-site security including security for the celebrities, ticket office, and press area; (xvi) adequate police, fire support and traffic control; (xvii) teaching professionals to assist with tennis pro-ams held in connection with the Classic; (xviii) mutually agreed upon marketing and sponsorship support of the Classic; and (xix) access to utilities to include but not be limited to water/sewer, electric/lighting; (xx) reasonable use of the gynmasium at the Community Center, including floor cover as provided by the Community Center; and (b) During the term of this Agreement (defined below) CITY agrees to pay to CHARITIES the following amounts with respect to the Classic: (i) Year Payment Amount Due Due Date 2002 US$25,000 $12,500 $12,500 Upon the Execution and Delivery of this Agreement December 15, 2002 (ii) CHARITIES will contribute (US$20,000.00) to the Drug Abuse Foundation of Palm Beach County, Inc. within thirty (30) days of receipt of the CITY'S payment. (iii) If CHARITIES fails to hold the Classic, on or before December 15, 2002 and the CITY has paid the $25,000.00 to CHARITIES, then CHARITIES will refund the $25,000.00 to the CITY by January 15, 2003. 4. STAGING AND PRODUCTION OF CLASSIC. The organization, staging, and conduct of each Classic will be the responsibility of CHARITIES, which responsibilities shall include the following: (a) handling ticket and box office sales that do not utilize Ticketmaster; (b) Obtaining a Classic Director, all personnel involved in each Classic, and the Classic participants; (c) Administering the entire Classic; (d) Setting up each Classic on-site and handling all on-court activities of the Classic; (e) Soliciting sponsorship sales and television rights sales for each Classic; (f) Handling promotions, advertising, sales, public relations, and program production for each Classic; (g) Liaising with the charity beneficiaries selected by CHARITIES for each Classic; (h) CHARITIES shall be responsible for site clean-up of restrooms and for garbage pick-up; (i) CHARITIES is responsible for covering courts as set forth in Paragraph 7 if VIP tents are to be set up or if needed to cover courts used for contents; and (j) CHARITIES shall pay for all dumpsters needed for the event; and (k) CHARITIES shall pay for all expenses relating to phone usage by CHARITIES, including, but not limited to, hook-up, dial tone, and usage charges. ACKNOWLEDGMENT BENEFITS. In acknowledgment of the services provided by the CITY in Paragraph 3 hereof, CHARITIES agrees that CITY will have the following acknowledgment fights in relation to the Classic, subject to the provisions of this Agreement: (a) Recognition of Tennis Center as the Host Site of the Classic; (b) Inclusion of CITY'S name and/or logo in all print, radio, and television advertising created by CHARITIES to promote the Classic; 4 (c) (d) (e) (f) (g) (h) (i) O) (k) (1) (m) (n) Inclusion of CITY'S name on the front cover of all promotional materials created and distributed by CHARITIES; Inclusion of CITY'S name in all press materials; One (1) full-page promotional acknowledgment in the Official Classic Program (CITY to provide camera-ready copy in advance of publication deadlines) and listing on the program cover; Audio and graphic mentions during the telecast and best efforts to create overview shots of Delray Beach in the opening of the broadcast; Sixteen (16) box seats and twenty (20) tickets per session; Thirty-Two (32) invitatkms to the Chris Evert cocktail reception; Four (4) seats at the Chris Evert Black-Tie Gala; Two (2) center court banners (to be provided by CITY at its sole expense and subject to the prior approval of CHARITIES); Use of booth space on-site for promotional purposes (with all material subject to the prior approval of CHARITIES); Special ticket offer for members of the Tennis Center to attend the Classic; Participation of CITY in press conferences for the Classic; and Participation in center court awards ceremony. CLASSIC EXPENSES AND REVENUES. (a) Subject to Paragraph 43 hereofi CHARITIES shall be responsible for collecting all revenues generated by, and paying all expenses incurred for, the Classic, except for those expenses associated with CITY'S obligations set forth herein. (b) CITY acknowledges that CHARITIES will not pay CITY for any expense incurred by CITY in conjunction with the Classic unless CITY has submitted a written estimate of such expense to CHARITIES and obtained written approval from CHARITIES of such expense in advance. 7. INSTALLATION OF FLOORING. The CITY shall provide, at CHARITIES' ~ption, up to 10,000 square feet of temporary flooring for the Classic. CHARITIES shall be responsible for paying all costs up to and not to exceed three thousand five hundred dollars (US$3,500) for installation of the initial 10,000 square feet of flooring. The CITY shall be responsible for the actual installation of the floor. If more than 10,000 square feet of flooring is required by CHARITIES, then CHARITIES shall pay all costs involved in obtaining such additional flooring and for all costs of installation of the additional flooring. 8. OFFICE SPACE. The CITY shall provide to CHARITIES office space in the community center and reasonable use of the board room and ticket window section of the ticket office at a date beginning upon the Monday preceding the Event and ending one day after the completion of the event. The exact space to be use by CHARITIES shall be determined as mutually agreed upon by the parties. In the event the parties cannot mutually agree upon a space, the CITY shall have the sole discretion to determine the space to be used by CHARITIES. Upon vacating the office space, CHARITIES shall leave the space utilized in a condition equal to that which existed on the date CHARITIES occupied the space, ordinary wear and use thereof only excepted. 9. FORCE MAJEURE. If CHARITIES or the CITY is prevented from or interfered with in any manner whatsoever in fully performing its agreements (including its ability to conduct the Classi6(s)) hereunder, for any reason beyond its reasonable control such as any law, regulation, act of God, earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of a common carrier (the foregoing all being examples of an "event of force majeure"), then CHARITIES' and the CITY'S obligations hereunder will be suspended as often as any such event of force majeure occurs and during such occurrences, CHARITIES' and CITY'S nonperformance will not be deemed a breach of this Agreement 10. AUTHORIZED AGENT. CHARITIES hereby designates Intemationat Merchandising Corporation, 525 Plymouth Road, Suite 317, Plymouth Meeting, Pennsylvania 19462, Attn: Barbara Perry, as CHARITIES' authorized agent for all purposes hereunder. All notices or submissions to be made or delivered by CITY to CHARITIES pursuant to this Agreement shall be delivered to said address free of all charges, such as, for example, shipping charges and customs charges. 11. TAXES. CHARITIES shall be liable for any and all taxes which are or may be imposed as a result of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to, sales and use tax. 12. PROOF OF INSURANCE. CHARITIES shall provide the CITY with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit "A" to this agreement. Proof of such insurance shall be due by 30 days prior to the first day of the event. The insurance shall name the CITY and its designee as additional insured. 13. FINANCIAL RESPONSIBILITY. CHARITIES agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for the Classic including, but not limited to, all accounting and reporting as may be required by law. CHARITIES further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of the Classic, and which are not provided for in this Agreement. 14. OTHER SERVICES AND SUPPLIES. CHARITIES further agrees that all services and supplies not specifically identified herein shall be provided by or through CHARITIES. 15. CONCESSION RIGHTS OF CHARITIES. CHARITIES may sell food, beverages, confections, refreshments and novelties or may, subject to approval by CITY, contract with another to provide such service except that CHARITIES will not offer for sale items that are prohibited by the CITY'S agreement with Coca-Cola of Florida (attached hereto as Exhibit "B"), unless otherwise agreed to in writing by CITY, Coca-Cola Enterprises, Inc. and CHARITIES. In providing the concession service, CHARITIES or any person, firm, or corporation with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply with the following provisions provided, however, that CHARITIES shall remain ultimately responsible to CITY for all obligations required of the concessionaire: a. Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. c. Concessionaire may have the option to sell alcoholic beverages at the Tennis Center. Sale of alcoholic beverages must comply with all federal, state, county, and municipal laws, ordinances and regulations and must be properly licensed by the State of Florida. d. Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to CITY for approval prior to installation of any items. For the purpose of this Agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. e. The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. f. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by CITY. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. g. Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. h. If the concession is operated by a person, firm or corporation other than CHARITIES, such person, firm, or corporation shall at all times maintain workers' compensation insurance coverage tbr all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be cancelled or amended without at least ten (10) days written notice to the Risk Manager of CITY and shall name CITY, its officers, agents and employees as additional insured. 16. ACCEPTANCE OF TOURNAMENT SITE. (a) Prior to the Classic, CHARITIES may inspect and examine the Site to determine that said Site is in adequate and satisfactory condition for the uses contemplated. CHARITIES assumes full responsibility and liability for all damages, losses and liability caused by conditions on the Site, which arise once it commences use and occupancy of the Site, and which conditions are caused by or result from the actions of or failure to act by CHARITIES, its employees, agents or representatives, or by the actions of or failure to act by exhibitors, independent contractors, workers or invitees of CHARITIES while on the Site. CHARITIES indemnifies, defends and holds CITY, and its designee, harmless for any such claims unless such damage, loss or liability was caused by conditions on the Site which are inherent in the structures involved, or the direct result of CITY'S (including its employees and agents), negligence or misconduct. (b) CITY, and its designee, shall not be responsible for any damage or injury to, or personal conduct, safety and welfare of CHARITIES, its employees, agents or representatives, or exhibitors, independent contractors, workers, and invitees while on the premises and CHARITIES expressly indemnifies, holds harmless and releases CITY from any and all such claims, damages, losses or liability associated therewith, unless such claim, damage, or liability is the result of CITY'S (including employees and agents) negligence or misconduct. 17. REPAIR~ REPLACEMENT AND MAINTENANCE. CHARITIES shall pay all costs for cleanup, repair and replacement and all damages of whatever origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which may occur during the term of this Agreement in order to restore the Site to a condition equal to the condition at the time CHARITIES occupies the Site. CHARITIES shall be responsible for clean-up of the Site during and after the Classic. If at any time CITY determines that the clean-up services provided by CHARITIES are not adequate or that said services endanger public health and safety, CITY shall notify CHARITIES in writing and if CHARITIES fails to clean up after receipt of written notification, CITY may provide these services. CHARITIES shall reimburse CITY for the costs of providing these services and for the actual costs of any supplies. 18. TICKET SALES. All tickets for admission shall contain language approved by CHARITIES and CITY establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, CHARITIES shall provide City Manager or his designee with the established selling price of each type and kind of ticket for his review and approval. 19. ADVERTISING MATTER. (a) CHARITIES agrees, subject to its rights, if any, under any applicable License Agreements, to identify the City of Delray Beach as the site of the Classic in all publications, advertising and any electronic broadcast, and to permit CITY to use CHARITIES' trademark or any trademark authorized to be used by CHARITIES, and CITY agrees to permit CHARITIES to use the CITY'S name and logo and trademark during the term of this Agreement solely in the connection with the Classic. CITY agrees that promotional material created by CITY with regard to the Classic is subject to the approval of CHARITIES. CHARITIES agrees that any material submitted by CITY will not be unreasonably disapproved, and, if it is disapproved, 'that CITY will be advised of the specific grounds of the disapproval. (b) All printed material and advertising matter to be used prior to or at the Classic which include the name City of Delray Beach or its official seal shall be submitted to the City Manager or his designee for his approval at least two (2) days prior to the proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or his designee. CITY agrees that it shall always use the official name of the Classic as designated by CHARITIES and no other name when making reference to the Classic in CITY'S promotional materials. I0 (c) If CHARITIES is able to secure television coverage for the Classic, CHARITIES shall ensure that any such television coverage of the Classic shall specifically mention the CITY as the host in the opening of each and every broadcast. CHARITIES will provide CITY with an overview of the City of Delray Beach. (d) CITY or its designee, at the request of CHARITIES, shall temporarily cover advertisements, corporate logos or trademarks that appear throughout the Tennis Center, at its sole expense. 20. EVENT PERSONNEL AND EQUIPMENT. CHARITIES shall provide alt personnel needed for the Classic, including, but not limited to, ticket sellers, ticket takers, t~shers, sound technicians and stage hands except as otherwise set forth in Paragraph 3(a) or elsewhere in this Agreement. 21. POLICE AND EMERGENCY PERSONNEL. CHARITIES agrees to make arrangements with the CITY Police Department to provide for CITY police personnel which the CITY determines, in its sole discretion, is necessary for the Classic. Also, CHARITIES shall contact the CITY Fire Department to make arrangements for Emergency Medical Technician personnel to be present at the Classic. 22. CITY'S RIGHT TO CONTROL PREMISES. CITY at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither CITY nor of any its officers, agents or employees shall be liable in any manner to CHARITIES or its officers, agents or employees for any damages which may be sustained by CHARITIES through the exercise of this right by CITY. 23. ALCOHOLIC BEVERAGE LICENSE. In the event an alcoholic beverage license is required~ CHARITIES or its agents shall apply for and obtain a temporary alcoholic beverage license from the State of Florida Department of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic beverages at the Site for the Classic. CHARITIES, or its agents, shall display said license in a 11 conspicuous place at the Site of the sale and/or distribution of the alcoholic beverages. CHARITIES shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. CHARITIES, or its agents, shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations. 24. VACATION OF CLASSIC SITE. CHARITIES agrees to vacate the licensed Classic Site no later than one (1) day after the completion of the Classic; to leave said Classic Site in a condition equal to that at the commencement date CHARITIES occupies the Classic Site each year, ordinary wear and use thereof only excepted, and that CHARITIES shall remove from the Classic Site within five (5) days following the closing of the Classic, all material and equipment owned by CHARITIES. 25. NON-DISCRIMINATION. A. That CHARITIES for itself, its personal representatives, successors in interest, assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination. 3. That CHARITIES shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance through the Department of Health, Education and 12 Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of a proven breach of any of the above non-discrimination covenants, the CITY shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. C. CHARITIES shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 26. CHANGE IN LAW. During the term, the CITY reserves the right to restate and/or renegotiate with CHARITIES such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the downtown site. In the event that the CITY and CHARITIES are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract conceming the services involved in the addition, deletion or change shall be terminated or eliminated. 27. CANCELLATION BY CITY. The occurrence of any of the following cause this Agreement to be automatically terminated: A. B. Institution of proceedings in voluntary bankruptcy by CHARITIES. Institution of proceedings in involuntary bankruptcy against CHARITIES if such proceedings lead to adjudication of bankruptcy and the CHARITIES fails within ninety (90) days to have such adjudication reversed. The CITY shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to CHARITIES specifying the amount of payment(s) in default, to terminate this Agreement whenever the non-payment of any sum or sums due hereunder 13 continues for a period of ten (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if CHARITIES makes the required payment(s) during the fourteen (14) calendar day period following receipt of the written notice. 28. DEFAULT BY CHARITIES. The CITY may terminate this Agreement for cause upon CHARITIES' failure to perform any of the terms and conditions of this Agreement and such failure in performance not remedied by CHARITIES within thirty (30) days after receiving notice in writing of such default or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and the CITY'S intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the CITY. 29. DEFAULT BY CITY. CHARITIES may terminate this Agreement for cause upon CITY'S failure to perform any of the terms and conditions of this Agreement if such failure in performance was not remedied by CITY within thirty (30) days after receiving notice in writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and CHARITIES' intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from CHARITIES. 30. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To CHARITIES: International Merchandising Corporation Re: Chris Evert Pro-Celebrity Tennis Classic 14 525 Plymouth Road, Suite 317 Plymouth Meeting, PA 19462 Attn: Barbara Perry or to such other addresses as either party may designate in writing. 31. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 32. INDEMNIFICATION. (a) To the fullest extent permitted by laws and regulations, CHARITIES agrees to indemnify, defend, save and hold CITY, its officers, agents, employees and assigns and Dubin & Associates, Inc., harmless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the use, maintenance, or operation of the licensed facilities, including but not limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by CHARITIES or its officers, agents, employees, or independent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by CHARITIES, its players, agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either CHARITIES or any player, agent or employee of CHARITIES: (c) the breach by CHARITIES of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by CHARITIES in this Agreement. CHARITIES shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of CITY when applicable. 15 (b) CHARITIES agrees to defend all actions to which this Paragraph 30 applies, in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this indemnification agreement. (c) Such indemnification shall be limited to the amount of commercial general liability insurance which CHARITIES is required to obtain under this License Agreement. (d) Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of th~s Paragraph 32 shall survive the execution, delivery and performance of this Agreement. 33. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any property placed on the Site by CHARITIES, its agents, employees, representatives, independent contractors or invitees. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Site under this Agreement, unless such damage, loss or liability is caused by CITY'S (including employees and agents) negligent, reckless or intentional act(s). If any claim or cause of action is brought against the CITY relating to personal property as contemplated by this paragraph, and where such claim or cause of action is not founded on the negligent, reckless or intentional action of the CITY (including employees and agents), then CHARITIES shall defend any such action in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this agreement. 34. INDEPENDENT CONTRACTOR STATUS. CHARITIES and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement or for any other reason whatsoever. This 16 Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 35. WARRANTY. Except as otherwise provided for herein, the CITY and CHARITIES represent that they have, to the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either CHARiTIES or CITY is a party. 36. ASSIGNMENT. This Agreement shall bind and inure to the benefit of CHARITIES and the successors and assigns of CHARITIES. The rights granted CHARITIES hereunder shall be exclusive to it and shall not, without the prior written consent of CITY, be transferred or assigned to any other. 37. RESERVATION OF RIGHTS. All rights not herein specifically granted to CHARITIES with respect to the Classic shall be and remain the property of CITY. 38. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between CITY and CHARITIES in respect to the subject matter of this Agreement and supersedes all prior agreements. 39. EXECUTION AND DELIVERY REQUIRED. This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part of CHARITIES or CITY, or either of them, unless and until it has been signed by representatives of CHARITIES and CITY and delivery has been made of a fully-signed original. 40. CHARITIES' TAX-EXEMPT STATUS. All activities and operations of CHARITIES will be consistent with an organization which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code, by virtue of being an organization described in Section 501(c)(3) of the Internal Revenue Code. To conflict with CHARITIES' tax-exempt organization, such obligation is hereby waived by CITY and shall not be binding upon CHARITIES. In the event any obligation to CITY is waived on 17 account of the foregoing sentence, suitable alternative arrangements, consistent with CHARITIES' tax-exempt status, will be made so as, to avoid any inequity to CITY. 41. 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 than the parties hereto and their respective heirs, successors, legal representatives, 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. 42. VENUE. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 43. TICKETMASTER. (a) CITY or its designee shall provide the services of its facility and box office through Ticketmaster only for those tickets elected by CHARITIES to utilize such services in connection with the Classic. These services will be provided in a timely, professional and diligent manner and in accordance with CHARITIES reasonable ticket specifications. CHARITIES agrees that it will provide facility and box office services for those tickets for which CHARITIES does not elect to utilize the services through Ticketmaster. (b) In full payment for the ticket services, CHARITIES agrees to CITY imposing a two and one half percent (2.5%) charge against ticket proceeds where such proceeds are generated through credit card sales and five cents ($.05) per ticket for ticket stock. CITY acknowledges that no other amounts will be charged to CHARITIES (other than payment of state sales tax) for ticketing for the Classic. (c) CITY shall pay ninety percent (90%) of all amounts due to CHARITIES upon completion of the event. CITY shall pay the balance of the remaining ten percent (10%) to CHARITIES within 60 days after the completion of the event, less amounts for which refunds have been issued. If CHARITIES fails to hold the event as scheduled, CHARITIES shall be responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation or 18 rescheduling, up to the face amount of the ticket price per ticket purchased and refunded plus any additional credit card fees that may be imposed. 44. APPROVALS. All approvals to be given by a party under this Agreement shall not be unreasonably withheld or delayed. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (print or type name) STATE OF COUNTY OF The foregoing instrument ., 200_ by CHARITIES, INC., a personally known to me/or has produced CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor CHRIS EVERT CHARITIES, INC. By: Name Printed: Title: SEAL was acknowledged before me this day of of CHRIS EVERT corporation, on behalf of the corporation. He/She is (as identification). Signature of Notary Public 19 EXHIBIT A Initials INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH FOR AGREEMENT WITH CHRIS EVERT CHARITIES~ INC. CHARITIES shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. CHARITIES further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. Bo Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contractual relationship and activities being done under this agreement. The policy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. The insurance will be written on an occurrence basis with the limits of liability not less than $2,000,000.00 combined single limit per occurrence, and as an annual aggregate, covering bodily injury, property damage and personal injury. Co Motor Vehicle Liability Insurance covering all vehicles associated with CHARITIES' operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. CHARITIES shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, thirty (30) days prior to the holding of the event. If so requested by the City, certified copies of insurance policies will be provided by the CHARITIES. If any of the above coverages expire during the term of this agreement, CHARITIES will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn Risk Manager, 100 N W Ist Avenue, Delray Beach, Florida 33444 A_M~NDED AND RESTATED AGREEIVfENT BETWEEN COCA-COLA ENTERPRISES, INC., D/B/A FLORIDA'COCA-COLA BOTTLING CO1VIPANY AN'rD THE CITY OF DELRAY BEACH? FLORIDA TI-lIS A.Mi;NDED and RESTATED AGREEMENT between COCA-COLA ENTERPRISES, INC., d/b/a FLORIDA COCA-COLA BOTTLING CO1VI~ (Coca- Cola) and the CITY OF DELRAY BEACH, FLORIDA (City) is made this /.,t.-t~day of 1~I~, 2000. WlTNESSETH: WI-IEREAS, Coca-Cola and the City entered into an Agreement on May 2, 1997, known as Bid # 97-17 - Soft Drink Vending Service Contact (Coca-Cola Contract); and WI--IEREAS, Coca-Cola and the CiD' wish to amend and restate the terms of the Agreement dated May 2, 1997; and NOW, THEREFORE, for the mutual promises, covenants, and agreements contained herein, the parties covenant and agree as follows: t. That the recitations set forth above are incorporated as if fully set forth herein. 2. The term of this contract shall commence upon execution by both parties and extend until May 2, 2003. 3. Coca-Cola shall have exclusive pouring fights at the Delray Beach Municipal Tennis Center ('rem-als Center), except as provided by paragraph 8. 4. Coca-Cola shall have the full service vending placements as provided by Exhibit "A", attached hereto and incorporated herein. Coca-Cola shall provide 24 hour, 7 days a week priority service for all mechanical problems with its equipment. Response time will be within 24 hours of the service call. Response time for emergency fountain service bottled water. Coca-Cola. shall be within 2 hours of receiving a service call. Coca-Cola shall provide the brand names as shown on Exhibit "B" as well as The vending machines shall be filled by a full service driver employed by incurs 6. Coca-Cola shall reimburse the City the following mounts from the sales it from the vending mackines listed on Exhibit "A": soft drinks, 12 oz. cans - 15% of net sales juice, 11.5 oz. cans - 12% of net sales bottled water, 16 oz. bottles - 12% of net sales soft drinks, 20 oz. bottles - 15 % of net sales isotonics, 11.5 oz. cans- 12% of net sales following items: a). Coca-Cola shall provide on an annual basis throughout the 3 year term, the Promotional items to the Parks and Recreation Dept. T-shirts/Youth Uniforms Program Printing Scoreboards Snacks (afterschool program) Value $2,000 $ 500 $6,000 $1,500 b). Coca-Cola shall provide the City, annually, cash sponsorship of $6,000 to be used at the discretion of the City. c). Coca-Cola shall provide, annually, radio advertising in the amount of $5000 to the City. d). Coca-Cola shall provide the City, in reasonable quantities as requested by the City, at no charge, the following items for special events: 2 Special Event Trailers 55-Gallon Plastic Barrels ' Special Event customized 3' x 10' banners 64-Quart Ice Chests 10-Galon Thermo Coolers Vendor Hawking Trays Advanced booking of sixty days is requested to insure availability 8. During the term of this Agreement, the City shall be entitled to twelve (12) blackout days, annually, where the City may seek other sponsorships for events at the Tennis Center. The City shall provide 30 days notice to Coca-Cola of its intent to use all or part of the 12 blackout days. If the City fails to notify Coca-Cola as provided for herein, Coca-Cola shall have the right to provide carbonated soft drinks, isotonic beverages, and bottled water for the Tennis Center event. 9. If Coca-Cola provides exclusive beverage pouring rights Tournament owned by Match Point, Inc., (presently known as Championships and referred to hereinafter as "Citrix Tournament"). provide the following at no cost: a). ITEMS VALUE b). retail partner, during the ATP the Citrix Tennis Coca-Cola shall also Donated Product (225 cs) Donated Pre-Mix Tanks (30) Barrel Coolers (15) Vlsi-Coolers (10) Custom Banners (5) Media Tags (138) $2,625 $ 510 $1,500 $2,000 $1,000 $24,150 In addition, Coca-Cola will create a custom in store promotion with a local supported by point-of-sale (value of $30,000.00). Coca-Cola shall also provide ten (10) thematic truckbacks promoting the Citrix Tennis Championships scheduled 4 weeks prior to the event (value of $30,000.00). 3 c). Additional equipment that shall be available at no charge to the City for the Citrix Tournament, in reasonable quantities as requested by the City, is as follows: Special Event Trailers 55-Gallon Plastic Barrels 48-Quart Ice Chests Vendor Hawking Trays Portable Pre-Mix Units Menu Boards On site truck to store product Pricing for Coca-Cola's product shall be as follows for the Citrix Tournament: PACKAGE PRICE 20oz CSD $16.25 12oz CSD $ 6.75 20 oz PowerAde $15.00 20 oz Dasani Water $10.60 20 oz Fruitopia $16.25 16 oz Minute Maid Juices $16.25 A rebate of $2.75 on 20oz CSD, and $!.50 on 12oz CSD will be paid to the City for all net purchased cases. All products must be purchased directly from the West Palm Beach Coca-Cola. e). Coca-Cola shall also receive two (2) four seat boxes for all sessions of the Citrix Tournament as well as ten (10) additional reserx :el tickets for all sessions. 10. Should the City fail to use its blackout days and Coca-Cola declines to exercise its rights to sponsor the Citrix Tournament, the City will be permitted to seek outside sponsorship for the Citrix Tournament or other events during a blackout period. Coca-Cola retains its exclusive pouring rights at the Tennis Center subject to Paragraphs 8 and 9. 11. Coca-Cola shall offer the Full Service Bounce Back Program to the City. As part of the program Coca-Cola shall attempt to place up to 25 full service vending machines at various business and retail outlets. These business and retail outlets would then allow the commissions received from the vending machines to be relinquished to the City. 12. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 13. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida 100 N.W. 1st Avenue Dell'ay Beach, Florida 33444 As to Coca-Cola: Florida Coca-Cola Bottling Co. 6553 Garden Rd. Riviera Beach, FL 33404 14. Coca-Cola shall not, without prior written consent of the City, assign any portion of its interest under this contract and, specifically, Coca-Cola shall not assign any moneys due or to become due without the prior written consent of the City. 15. The City and Coca-Cola each binds itself, its panners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 16. Coca-Cola, for good and valuable consideration shall indemnify, defend and save harmless the City, its officer's agents, and employees, from or on account of any claims, damages, received or sustained by any person or persons resulting from the work provided for this Project; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on adcount of any use of any improper materials or by or on account of any act or omission of Coca-Cola or its subcontractors, agents, servants or employees. Coca-Cola agrees to defend, inde .mnify and save harmless the City its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by Coca-Cola, its subcontractors, agents, servants or employees. Coca-Cola further agrees to defend, indemnify and save harmless the City, its officers, agents, or employees from all such claims, fees, and from any and all suits and actions of every name and description that may be brought against the City or its officers, agents or employees on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the City, its officers, agents, or employees for the infringement of any and all patents or patent rights claimed by any person, fu-m or corporation. The indemnification provided above shall obligate Coca-Cola to defend at its own expense or to provide for such defense, at the City's option, any and all claims or liability and all suits and actions of every name and description that may be brought against the City, its officers, agents, or employees which may result from the operations and activities under this contract whether the work be performed by Coca-Cola, its subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including atxorney's fees and costs at trial and appellate levels. 17. It is recognized by Coca-Cola that the City's Municipal Tennis Center has been financed with proceeds of tax exempt debt and may be re-financed from time to time in the furore and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities construed'ed with tax exempt debt, such as a tennis stadium, in order to maintain the tax exempt stares of the debt issued to finance the same. This 6 Agreement shall automatically terminate, with.out any required notice by the City, if any payment required to be made under the provisions of the Agreement with the City would, together with any other private use payments made or required to be made by any other entity(ies) or person(s) for the use of the tennis center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes on any interest obligation (herein "negative tax consequences") of the City issued to finance or refinance the tennis center or any part thereof. Such a termination shml not constitute a default on the part of either party to this Agreement. Upon such termination, it is the intent of the parties hereto to enter into a new agreement which would contain different or modified payment terms and/or amounts acceptable to both of the parties hereto, and which, in the opinion of the City's bond counsel, would not have negative tax consequences. 18. This Agreement shall be considered null and void unless signed by both Coca- Cola and the City. The contract documents constitute the entire agreement between the City and and may only be altered, amended or repealed by a duly executed wrirten 19. Coca-Cola instrument. IN WITNESS WttEREOF, the parties hereto have executed this Agreement, on the day and year first above written. ATTEST: City Clerk ('"~~,C~ CITY OF DELRAY BEACH, FLORIDA David Schmidt, Mayor 7 Approved as to legal sufficiency and form: By: City Attorney WITNESSES: mt 'o~' Y~pe Name) ~t or T~e N~e) COCA-COLA ENTERPRISES, INC. (Print or Type Name) (SEAL) STATE OF ~ ~-~ cou rv oF The forego~g ~ment was ac~owledged before me ~s ~,~ay of ~, 2000, by ~~J~~ ,as (nme of officer or agent, title of officer or agent), of (name of co~oration ac~owledg~g), a ~~~ (state or place of ~co~oration) co~oration, on be~If of ~e co~oration. He/She is persomlly ~own to me or has produced (~pe of identification)~denfifmatio~ ~3~ ~blic - ~e of Florida .:.: :.,: MY COMMISSION ~ : · m_~..-= ~ ~z 2003 8 EXHIBIT .A. ........... mo Number of vendinq machines =o be 1Dca=ions as listed below: LOCATION A=lan=i= Dunes Park $ounh A1A & Lin~on Blvd. Ci=y Hall 100 N.~'. First Avenue ls= fl=or 2nd fl=or Cl=y Garage - Public Works Division 434 S. Swinton Avenue £nvironmen=al Services Complex 434 S. Swin=on Avenue (~reak=oom) Knowles Park SE 6=h Avenue and Incercoas=al Pol£ce Depar~menc 30D wes= Aclanc£c Avenue Parks Main=chance Fire S=a=ion Central ls= and 2nd Floor Fire S~&=~on 13 651 LAn=on Blvd. 10. Fire S=~ion IR 35 Andrews Avenue 11. Fire S~a=ion #4 4321 Lak,~ Ida Road 12. Fire SCa~ion IS 4D00 Old GermanCown Road 13. Pompey Park 101 N.W. 2nd provided NUMBER OF ~CHINES 1 =o :wen=y-one (211 EXH_I B I~__ A cont ........ I4. 16. 17. 19. 20. 21. LOCATION Community Center 50 N.W. First Avenue T~:mis Crater 201 W. Atlantic Avenue Adult Center gO I N.E. First Water Treatment Plant 600 S.W. 2nd Avenue Glea.san Park East Atlantic &: A 1A City Mm'ina 159 Marine Way Anc.%or Park South City Bea~ Miller Park Liman & S.W. 4th Avenue NIJ'MB ER OF MACHINES EXHIBIT B MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~fl._. AGENDA ITEM # "~ k3X_- REGULAR MEETING OF NOVEMBER 5, 2002 SERVICE AUTHORIZATION #5/LAWSON. NOBLE & WEBB, lNG, NOVEMBER 1, 2002 This is before the City Commission to approve Service Authorization #5 with Lawson, Noble & Webb, Inc. in the amount of $74,632.59 for design and construction documents for sidewalks within the area bounded by 1~95 on the west, S.E. 7th Avenue on the east, S.W. and S.E. 2"a Street on the south and Lake Ida Road and N.E. 4m Street on the north. Funding is available from 334-3162-541-65.61 (Downtown Pedestrian Network). Recommend approval of Service Authorization #5 with Lawson, Noble & Webb, Inc. for design and construction documents for sidewalks. S:\C:ty Clerk\chevelle folder\agenda memos\Serv~ceAuth #5Lawson, Noble, & Webb 11 5.02 www.delrayesd.com City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L Krejcarek, ~.1:::. ~~ 31 Oct 2002 Downtown Pedestrian Network Service Authorization for Design Services Project #2002-036 The attached agenda request is for Commission authorization/approval for Mayor to execute service authorization #5 with Lawson, Noble & Webb, Inc., for the design and construction documents for sidewalks within the area generally bounded by; 1-95 on the west, SE 7th Ave on the East, SW/SE 2nd St on the south and Lake Ida Road/NE 4th St on the north. The City has received a $330,000.00 grant for the design and construction of these sidewalks. The total cost of design and construction of this project is estimated to be $376,200.00. The attached map shows the locations of this project. Total Cost of Service Authorization = $ 74,632.59. Funding will be provided from account #334-3162-541-65.61. Please place this item on the 05 Nov 2002 Commission Agenda. Thanks! Enc cc: file S:~EngAdmin~Projects~2002~2002-O36~OFFIClAL lO5nov2002 agenda memo doc '- ......... " "'" "'~ """ - -"'- ' LEGEND ig- SIDEWALK i S.W, 11~I A~~ "~ ' ~=?; ~'='~ 41 ~1 ............................... - ~:___.. :;2 ~',. ........ :~ INTRACO~sTAL~- - z ~"~ -~ _ ~~ ~ ~~ PEDESTRIAN NETWORK ~A.[ ~ ~ ~ A~ ~V ~ ~ ~ 2002-036 DATE: EXHIBIT A CONSULTING SERVICE AUTHORIZATION PROJECT NUMBER SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. 2003- CITY EXPENSE CODE TITLE: 2002 Sidewalk Improvement Program This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting En.qineerinq Services PROJECT DESCRIPTION · Preparartion of Plans, specifications and contract documents for the construction of sidewalks along the following roadways: SW 12th Avenue from SW 2nd Street to West Atlantic Avenue (west side of the street) SW 11th Avenue from SW 1st Street to West Atlantic Avenue (east west side of the street) SW 10th Avenue from SW 1st Street to West Atlantic Avenue (west side of the street) SW 7th Avenue from SW 1st Street to NW 1st Street (west side of the street) SW 6th Avenue from SW 2nd Street to West Atlantic Avenue (east side of the street) SW 4th Avenue from SW 2nd Street to south of West Atlantic Avenue (west side of the street) NE 1st Avenue from NE 3rd Street to NE 4th Street (east side of the street) 1 S:\EngAdmin\Projects~2002~002-036\OFFIClAL\05nov2002 SA.doc NE 3rd Avenue from NE 3rd Street to NE 4th Avenue (east and west sides of the street) NE 7th Avenue from NE 2nd Street to NE 4th Street (east and west sides of the street) SW 1st Street from SW 13th Avenue to SW 12th Avenue (north side of the street) SW 1st Street from SW 12th Avenue to Alley (north and south sides of the street) SW 1st Street from Alley to SW 11th Avenue (South side of the street) SW !~ ~+"""+ '""""' SW 11t~ A,,,,,.,,,,,/o,.,,,+~, o~,~,, ,,, +~,,, SW 1't Street from SW 11th Avenue to SW 9th Avenue (both sides of the street) SW 1"t Street from SW 9th Avenue to SW 8th Avenue (south side of the street) SW 1st Street from Mid Block to SW 7th Avenue (north side of the street) SW 1st Street from SW 7th Avenue to SW 6th Avenue (both sides of the street) SW 1"t Street from SW 6th Avenue to SW 5th Avenue (north side of the street) SW 1st Street from 5th Avenue to SW 4th Avenue (both sides of the street) SW 2nd Street from SW 7th Avenue to SW 4th Avenue (north side of the street) NE 4th Street from Old-Di)de southbound Federal Highway (US Highway 1) to NE 7th Avenue (south side of the street) and from northbound Federal Highway (US Highway 1) to NE 7th Avenue (north side of the street), and north side from mid block east of Federal Highway to mid block West of NE 9th Avenue 2 NE 3rd Street from Swinton Avenue to NE 1st Avenue (north side of the t) w=,-,~,,...,, NE 4th stree , from,,,,..'~'~ ,..,....,.~'~'-'-~' ,.,'~o*......, .., '''~ O!d ...,..,..n~v~'~, ,,~ ..... · Avenue to NE 7th Avenue (north side of the street) NE 2nd Street from Qld-Di-)de southbound Federal Highway (US Hi.qhwa¥ 1) to alley east of northbound Federal Highway (US Hi_ahwav 1) (south side of the street) NE 1st Street from Florida East Coast Railroad to Old-Di-xie southbound Federal Highway (US Hi_ahwa¥ 1) (north side of street), and from Qld-Di-xie southbound Federal Highway ('US Hi,qhway 1) to northbound Federal Highway (south side of the street) II SCOPE OF SERVICES Phase I - Study and Report Phase Not Applicable. Phase II - Preliminary Desian Phase Consultant shall provide preliminary design phase services in accordance with Article 111.B of the Agreement for Engineering Services with the City, dated May 14, 1999. A preliminary design (letter report) shall be used to accurately define the scope and characteristics of the project. Development of this document will begin immediately after the first project meeting, and will be used to direct the activities necessary to design the facilities and develop construction documents. This document will include verification of all existing right of way. Verification of right of way shall consist of research of recorded plats and other documents on file with the city of Delray Beach and Palm Beach County. A title search is not included. Field reconnaissance of the proposed sidewalk corridors will be performed. A photograph log of a field walk-through will be included. In addition, potential underground existing facilities will be identified. Coordination with utility agencies shall be performed to collect record information. This includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. A preliminary alignment for new sidewalk improvements will be selected to minimize known utility and structural conflicts. The preliminary sidewalk 3 alignments will be discussed with the City for purposes of final sidewalk alignment selections. A preliminary sidewalk schematic shall be developed which shall identify the limits of the sidewalk improvements. Following selection of preliminary sidewalk layouts for the project area, a preliminary cost opinion including construction cost and allowance for engineering costs and contingencies shall be developed. At the outset of the project, the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFVVMD), and City of Delray Beach. A table listing the identified permitting agencies and associated permit fees shall be prepared and included in the Preliminary Design Report. The Preliminary Design Letter Report shall contain schematic layouts and conceptual design criteria for the proposed sidewalk improvements. A preliminary cost opinion will also be provided. Two copies shall be submitted in draft form for review by City. Consultant shall conduct one preliminary design review meeting with the City following the preliminary design report submittal. The Final Preliminary Design Report will incorporate City comments and five copies shall be submitted. Phase III - Final Design Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated May 14, 1999. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 14 format. Contract documents consisting of "front-end" documents and technical specification shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Consultant shall furnish digital copy of contract documents in Microsoft Office compatable format. Drawings and specifications (two copies) shall be submitted for City review at 50%, 90% and 100% stages. Consultant shall meet with the City to discuss 4 comments, and incorporate comments into final documents. Each stage will be reviewed via a review meeting with the Consultant. Consultant shall furnish with the 100% design drawings, one (1) mylar set, one (1) set of CAD files in electronic format on 3-1/2" disk per the City of Delray Beach standards. One (1) set of CAD files in DWF electronic format, and one (1) set of contract specifications and cost estimates in PDF electronic format per the City of Delray Beach standards will also be provided. Prior to bidding, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Phase IV - Biddin.qlNeaotiation Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid project. Consultant shall provide City with PDF files of all written addenda, and DWF files of all addenda drawings, in electronic format. Consultant shall attend the bid opening, shall prepare and furnish digital copy of bid tab sheets in Microsoft Office compatible format and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 5 Other - Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the half section of the right-of-way (on the side of the street where sidewalks are proposed) of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following. Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: Location of all visible fixed improvements within the half section of the right-of-way (including 5-feet back on each side of the right-of-way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point curvature and point of tangency. Location of all known above ground existing utilities: FP & L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters). Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole invert elevations and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with the City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, Iow points and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated in the driveways and parking areas to indicate direction of grade. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. 6 The above topographical survey data will be prepared in AutoCAD (Version 14) format at a scale of 1"=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. Other- Permittina At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFVVMD), and City of Delray Beach. Permit applications shall be completed for SFWMD, and City of Delray Beach. Associated permit application fees shall be determined by Consultant and paid by City. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. · Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit applications. · Respond to request(s) for additional information from each agency. ADDITIONAL SERVICES Consultant shall provide additional engineering services related to the provision of sidewalk improvements to the project area that are not covered under this Service Authorization. These additional services may be required to address uncertainties discovered during survey, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issues shall contain the following information and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the few to be paid in accordance with the Agreement. · A time established for completion of the work. 7 III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to- proceed). Engineering Services Time per Phase Cumulative Time Phase II(q) 9 weeks 9 weeks Phase III(2) 6 weeks 15 weeks Phase IV 5 weeks 20 weeks (~) Survey will be prepared during Phase II time period. (2) Permits will be prepared during Phase III time period. IV. COMPENSATION The compensation for services provide shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Engineering Services Estimated Fees Phase II- Preliminary Design Phase Phase III - Final Design Phase Phase IV- Bidding Phase Survey Permitting Out-of-Pocket Expenses $18,000.00 $24,707.59 $2,000.00 $27,425.00 $2,000.00 $500.00 TOTAL PROJECT COST $74,632.59 Notes: (~) Out-of-Pocket Expenses include the following: printing/reproduction and postage. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commerce work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. 8 Approved by: CITY Of DELRAY BEACH: Date Mayor CONSULTANT: Date By: (Seal) Witness Attest: Approved as to Legal Sufficiency and Form Witness Attest: BEFORE ME, the foregoing instrument, this day of ,199 , was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this ~ day of ,1991. Notary Public State of Florida My Commission Expires: 9 City of Delray Beach Survey Requirements The survey should include the following: Platted rights-of-way (include bearing and distances for centerlines), lot numbers, block numbers, and dedicated easements. House address numbers. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the half section of the right-of-way (side of street from centerline to right of way). All topographical surveys shall have stationing established from south to north and west to east where applicable. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. 5. The survey shall include topography of the terminal end of each street. 10 0ct-25-02 02:]3pm From-LAWSON, NOBLE & ~BB, INC 5~1G841812 T-195 P 12/14 F-852 z LEGEND PROPOSED SIDEWALK of DELRAY BEACH DOWNTOWN ~ ~~ ~8 ~~~ PEDESTRIAN NETWORK ~NAME ~ ~~A~~Y~ ~~ 2002-036 Date: 31 Oct 2002 NUMBER: Request to be placed on: AGENDA REQUEST AGENDA ITEM X Consent Agenda Agenda Regular Agenda Workshop Agenda Special When: 05 Nov 2002 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute service authorization #5 with Lawson, Noble & Webb, Inc., for the design and preparation of construction documents for sidewalks within the area generally bounded by; 1- 95 on the west, SE 7th Ave on the East, SW/SE 2nd St on the south and Lake Ida Road/NE 4th St on the north. The attached map shows the locations of this project. Total Cost of Service Authorizat, ia~,= $ 74~632.59. ~ Department Head Signature: ~o.)t- o-~.; \ City Attorney Review/Recommendation {if applicable): Budget Director Review {required on all items involving expenditure of funds}: Funding Available: Yes / No Initials: Account Number 334-3162-541-65.61 Description Pedestrian Network Account Balance: $376,200.00 Funding Alternatives: City Manager Review: Approved for Agenda:~ / No Initials: Hold Until: Agenda Coordinator Review: S:\EngAdmin\Projects\2002\2002-036\OFFICIAL\05 nov2002 agenda.doc (if applicable) [lTV [IEL I:IV gER[H DELRAY BEACH Ail-America City 1993 FROM: 2001 M~~ DELRAY BEACH, FLORIDA 33444 David T. Harden City Manager Aobert A. Barcinski ssistant City Manager DATE: October 31, 2002 SUBJECT: Agenda Item City Commission Meeting November 5~ 2002 Consulting Agreement - JCD Sports Group~ Inc. ACTION City Commission is requested to approve a Consulting Agreement with JCD Sports Group, Inc. from December 1, 2002 through November 30, 2003 with two (2) annual renewal options in the amount of $18,000 per year. Funding is available in account number 001- 4210-575-34.90. BA CKGR 0 UND The existing agreement with JCD Sports Group, Inc. expired November 30th. provided by this agreement include: The services 1. Interacting with community and special interest groups to develop relationships that generate interest in use of the stadium site for events. 2. Visit area facilities and sites that generate like events to research future performance considerations, site layouts, pricing, etc. 3. Develop relationships with local facility managers to network for referrals when their sites are booked or there are capacity constraints. 4. Work with location scouts associated with area production companies to promote the tennis stadium as a site for commercial shoots. 5. Engage in conversations with prospective clients to determine viability and legitimacy of requests. 6. Present stadium requests to the City for approval. 7. Oversee all stadium events to make sure them is compliance with the contact. RECOMMENDATION Staff recommends approval of the proposed consulting agreement with JCD Sports Group, Inc. in the amount of $18,000 per year. Funding is available in account number 001-4210- 575-34.90. RAB/tas File : u. sweeney/agenda Doc jd sports group 561/243-7000 Pnnted on Recycled Pa, per THE EFFORT ALWAYS MATTERS AGREEMENT THIS AGREEMENT is made this __ day of ., 2002 between the City of Delray Beach, a Florida municipal corporation ("the City") and JCD Sports Group, Inc., a Florida corporation ("Consultant"). WITNESSETH: WHEREAS, the City and Consultant entered into an agreement dated December 15, 1999 and renewed December 1, 2000 and December 1, 2001 for consulting services for the purpose of attracting special events to the Tennis Center, event management, and for the purpose of identifying and assisting in the development of additional revenue sources for the City of Delray Beach Tennis Center; and WHEREAS, the City and Consultant are interested in entering into this Agreement under the terms set forth herein. NOW, THEREFORE, for the mutual covenants and consideration set forth in this Agreement, the parties agree as follows: herein. 2. Recitals. The recitations set forth above are incorporated as if fully set forth Duties of Consultant. a. Interacting with community and special interest groups to develop relationships that generate interest in use of the stadium site for events. b. Visit area facilities and sites that generate like events to research future performance considerations, site layouts, pricing, etc. c. Develop relationships with local facility managers to network for referrals when their sites are booked or there are capacity constraints. d. Work with location scouts associated with area production companies to promote the tennis stadium as a site for commercial shoots. e. Engage in conversations with prospective clients to determine viability and legitimacy of requests. f. Present stadium requests to the City for approval. g. Oversee all stadium events to make sure there is compliance with the contract. 3. expire November 30, 2003. additional one-year periods. Term of Agreement. This Agreement shall commence December 1, 2002 and The Agreement may be renewed by the City Manager for two 4. Termination. Either party may, with or without cause, terminate this agreement with 30 days prior written notice. The termination will be effective thirty days from the date of deposit in the U.S. Mail or date of hand delivery upon termination. Upon the effective date of termination, no further monthly payments shall be due Consultant. The City shall reimburse only those expenses that were approved prior to termination. 4. Compensation. The City shall pay Consultant Eighteen Thousand Dollars and 00/100 cents ($18,000.00) each year for the duration of this Agreement, payable in equal installments of One Thousand Five Hundred and 00/100 cents ($1,500.00) per month on the first of each month beginning December 1, 2002, and during each renewal period, if any. In addition, the City shall pay the actual costs for reimbursable expenses provided that the reimbursable expenses are agreed to in advance by the City or its designee. 5. Independent Contract. Consultant shall be and remain an independent contractor and not an agent or employee of the City. 6. Governing Law and Venue. Any dispute under this Agreement shall be determined under the laws of the State of Florida with venue in Palm Beach County, Florida. 7. Entire Agreement. This Agreement constitutes the entire agreement between the parties as it pertains to the duties outlined herein. Any modifications to this Agreement to be effective must be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the CITY OF DELRAY BEACH, FLORIDA By: David W. Schmidt, Mayor day and year first above written. ATTEST: City Clerk 2 Approved as to Form: City Attorney ATTEST: Print Name: JCD Sports Group, Inc. By: Brahm Dubin, President Request to be placed on: X Regular Agenda When: November 5, 2002 Description of agenda item: AGENDAITEM NUMBER: AGENDA REQUEST Special Agenda Date: October 31, 2002 Workshop Agenda City Commission is requested to approve a Consultinq A.qreement w~th JCD Sports Group, Inc. from December 1,2002 throu.qh November 30, 2003 with two (2) annual renewal options in the amount of $18,000 per year Fund n.q is available ~n account number 001-4210-575-34 90 ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached' YES Recommendation: Approval NO NO Department Head Signature: ~3..~.~,~~ /c~/~t/oZ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Yes ~ No Funding available. Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: (if applicable) ?(3 Approved for agenda:~ Hold Until: Agenda Coordinator Review: Received: Action' Approved PO.# No Disapproved City of Delray Beach Community Development D,vision MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director of Community Improvement November 1, 2002 Community Development Block Grant Subrecipient Funding Agreements - The Center for Technology, Enterprise & Development, Inc. and Delray Beach Community Development Corporation, Inc. ITEM BEFORE THE COMMISSION This ~s to request approval to execute agreements for funding to the Delray Beach Community Development Corporation, Inc. (CDC) and The Center for Technology, Enterprise & Development, Inc. (TED Center) for a grant m the amount of $75,000. Funding to come from the City's Commumty Development Block Grant (CDBG) Program. BACKGROUND At a Special Meeting held on October 7, 2002, City Commission agreed to provide total funding in the amount of $75,000 to The Center for Technology, Enterprise & Development, Inc. and the Delray Beach Community Development Corporatmn, Inc., in support of the non-profit partners being able to maintmn a 50% equity position w~th the development team in support of the Atlantic Groves project. As a condition of receiving these funds, both non-profit agencies agreed to reinvest a minimum of $25,000 into a proJect(s) which will be created as a direct result of the implementation of the Southwest Neighborhood Redevelopment Plan. The reinvestment is to be in the form of a one-time cash payment of $25,000 from each agency, or as a quantifiable dollar- for-dollar d~rect benefit to low- or moderate-~ncome persons. The City Commission shall either designate, or have final approval of the designated project(s) selected. Funding will be provided from the CDBG allocation for sidewalk ~nstallation in the SW neighborhood section. Installation of sidewalks in this area is already underway and the C~ty has TEA 21 dollars available that can be substituted for CDBG dollars along with shifting dollars allocated for the SW neighborhood area. CDBG Program regulations at 24CFR 570.503 require written agreements prior to the disbursement of funds to subreciplent organizations, specifying the work to be performed and reporting, among other necessary requirements and governing promsions. This agreement has been developed in accordance with the stated regulations and has been rewewed and approved by the City Attorney for legal sufficiency and form. RECOMMENDATION Staff recommends approval and execution of the attached agreements. FY 2002 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and THE CENTER FOR TECHNOLOGY, ENTERPRISE & DEVELOPMENT, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and THE CENTER FOR TECHNOLOGY, ENTERPRISE & DEVELOPMENT, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 33 SE 1st Avenue, Suite 102, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Thirty-seven Thousand Five Hundred Dollars ($37,500.00). 3.2 The CITY agrees to disburse in full $37,500.00 to the CONTRACTOR within two weeks of the date of execution and acceptance of this Agreement by the CITY and the CONTRACTOR. 3.3 Status reports shall be submitted by the CONTRACTOR on a quarterly basis per the following schedule, in a format prescribed by the CITY: a. December 31 (for the period 10/1/02-12/31/02) b. March 31 (for the period 1/1/03-3/31/03) c. June 30 (for the period 4/1/03-6/30/03) d. September 30 (for the period 7/1/03-9/30/03). e. An annual report is also due on October 10, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2002, to September 30, 2003. ARTICLE V SUSPENSION AND TERMINATION 5.1 Terminatiqn/Suspension of Payments/A,qreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this 2 Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR wilt be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not 3 allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but alt signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Re.qulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Riqhts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, coWor, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or 4 9.3 9.4 9.5 9.6 owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as Implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. Lobb¥in.q Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member 5 9.7 of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to Iow-and very Iow-income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. 6 9.8 9.9 eo The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. Pro. perty: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. 7 9.10 9.11 9.t2 9.13 9.14 9.15 The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. Conflicts with Appli~b!e Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. Rene.o, otiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. Ri.qht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY wilt notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from 8 and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: The Center for Technology, Enterprise & Development, Inc. Print By:. Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 200_, by , who is personally known to me. day of NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: CITY Of DELRAY BEACH, FLORIDA By: Mayor City Attorney 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of The Center for Technology, Enterprise & Development, Inc. under this Agreement will be job creation. Subsequent to the effective date of this Agreement and no later than one year after issuance of a certificate of occupancy by the building department for the second of two commercial buildings constituting the Atlantic Groves mixed used development project, The Center for Technology, Enterprise & Development, Inc. shall create a minimum of one job, on a full-time equivalent basis, where at least 51% of the jobs will be held by Iow- and moderate-income persons. A full-time job shall mean employment for a minimum of 2,080 hours per year and for a wage or salary equal to or better than the minimum wage as determined by the U.S. Department of Labor. Low- and moderate-income status is based on the person's income at the time of hire and is not affected by subsequent raises or promotions. The Center for Technology, Enterprise & Development, Inc. will register said job with and consider applicants referred by the Palm Beach County Workforce Development Board. The parties to this Agreement recognize that the funds provided through this Agreement are Federal Community Development Block Grant funds made available by the U. S. Department of Housing and Urban Development, and that the above job creation requirement pertains to the use of these funds. If the Center for Technology, Enterprise & Development, Inc. receives funds from the County or other sources, and such funds have job creation requirements associated with them, the Center for Technology, Enterprise & Development hereby assure and warrant to the City that none of the jobs created in compliance with the requirement stated in this Scope of Service shall duplicate any jobs created or retained in meeting their obligation to the City in association with the Center for Technology, Enterprise & Development's use of such other funds. The Center for Technology, Enterprise & Development, Inc. agrees, as a condition of receiving funds under this Agreement, to reinvest a minimum of $25,000 into a project(s) which will be created as a direct result of the implementation of the Southwest Neighborhood Redevelopment Plan. The Center for Technology, Enterprise & Development, Inc. also agrees that the $25,000 reinvestment will be in the form of a one-time cash payment, or as a quantifiable dollar-for- dollar direct benefit to Iow- or moderate-income persons and that the Delray Beach City Commission shall either designate, or have final approval of the designated project(s) selected. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingency provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment Fines, penalties Fringe benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs ~/** Overtime, shift premiums ~/** Page charges in professional journals (research) Participant support costs ~/** Patent costs Pension plans Plant security Pre-award costs -~/** Professional services Profits, losses on asset disposition ~/* Public information service ~*** Publication and printing costs ~** Rearrangement, facility alteration ~** Reconversion costs Recruiting Relocation ~/* Rental * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Royalties, use of patents, copyrights ~/ Severance pay ~/ Specialized service facilities ~/ Taxes ~/ Termination-related costs ~/ Training, education ~/ Transportation ,J Travel ~/* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days wdtten notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: FY 2002 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 400 West Atlantic Avenue, Suite 200, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income' means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Thirty-seven Thousand Five Hundred Dollars ($37,500.00). 3.2 The CITY agrees to disburse in full $37,500.00 to the CONTRACTOR within two weeks of the date of execution and acceptance of this Agreement by the CITY and the CONTRACTOR. 3.3 Status reports shall be submitted by the CONTRACTOR on a quarterly basis per the following schedule, in a format prescribed by the CITY: a. December 31 (for the period 1011102-12131103) b. March 31 (for the period 111103-3131103) c. June 30 (for the period 411103-6130103) d. September 30 (for the period 711103-9130103). e. An annual report is also due on October 10, in a format prescribed by the CITY, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2002, to September 30, 2003. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/A.qreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this 2 Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in wdting the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenienqe of the CONTRACTOR; At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, Covnty and CITY Laws and Re.qulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504- of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub. L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Ri.qhts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, Color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or 4 9.3 9.4 9.5 9.6 owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. Evaluation and Monitoring.'. The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. Lobbyin,cl Prohibition; The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member 5 9.7 of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to Iow-and very Iow-income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. Co The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicabre provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. 6 9.8 9.9 The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one_of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. 7 9.10 9.11 9.12 9.13 9.14 9.15 The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and. other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR pdor to the expiration or termination of this Agreement shall be retained by the CITY. Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shal~ continue and all other provisions of this agreement shall remain in full force and effect. Rene,qotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. Disputes; In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions,-including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from 8 and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Delray Beach Community Development Corporation, Inc. Print By:. Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 200_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: day of ATTEST: City Clerk Approved as to form: CITY OF DELRAY BEACH, FLORIDA By: Mayor City Attorney 9 ATTACHMENT "a" SCOPE OF SERVICES The major focus of the Delray Beach Community Development Corporation, Inc. under this Agreement will be job creation. Subsequent to the effective date of this Agreement and no later than one year after issuance of a certificate- of occupancy by the building department for the second of two commercial buildings constituting the Atlantic Groves mixed used development project, the Delray Beach Community Development Corporation, Inc. shall create a minimum of one job, on a full-time equivalent basis, where at least 51% of the jobs will be held by Iow- and moderate-income persons. A full-time job shall mean employment for a minimum of 2,080 hours per year and for a wage or salary equal to or better than the minimum wage as determined by the U.S. Department of Labor. Low- and moderate-income status is based on the person's income at the time of hire and is not affected by subsequent raises or promotions. The Delray Beach Community Development Corporation, Inc. will register said job with and consider applicants referred by the Palm Beach County Workforce Development Board. The parties to this Agreement recognize that the funds provided through this Agreement are Federal Community Development Block Grant funds made available by the U. S. Department of Housing and Urban Development, and that the above job creation requirement pertains to the use of these funds. If the Delray Beach Community Development Corporation, Inc. receives funds from the County or other sources, and such funds have job creation requirements associated with them, the Delray Beach Community Development Corporation, Inc. hereby assure and warrant to the City that none of the jobs created in compliance with the requirement stated in this Scope of Service shall duplicate any jobs created or retained in meeting their obligation to the City in association with the Delray Beach Community Development Corporation, Inc.'s use of such other funds. The Delray Beach Community Development Corporation, Inc. agrees, as a condition of receiving funds under this Agreement, to reinvest a minimum of $25,000 into a project(s) which will be created as a direct result of the implementation of the Southwest Neighborhood Redevelopment Plan. The Delray Beach Community Development Corporation, Inc. also agrees that the $25,000 reinvestment will be in the form of a one-time cash payment, or as a quantifiable dollar-for-dollar direct benefit to low- or moderate-income persons and that the Delray Beach City Commission shall either designate, or have final approval of the designated project(s) selected. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM Of COST OMB A-122 (NONPROFITS) Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingency provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment ~/** Fines, penalties Fringe benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs Overtime, shift premiums ~/** Page charges in professional journals (research) Participant support costs ~/** Patent costs Pension plans Plant security Pro-award costs ~/** Professional services Profits, losses on asset disposition ~/* Public information service V*** Publication and printing costs ~*** Rearrangement, facility alteration V** Reconversion costs Recruiting Relocation Rental * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Royalties, use of patents, copyrights ~/ Severance pay ~ Specialized service facilities ~ Taxes ~/ Termination-related costs ~/ Training, education ~/ Transportation ~/ Travel ~* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an 'affidavit signed by the CONTRACTOR indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to pumhase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: Date: October 31, 2002 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular When: November 5, 2002 Description of Agenda Item: __ Special __ Workshop __ Consent CDBG Subrecipient Funding Agreements: The Center for Technology, Enterprise & Development, Inc., and Delray Beach Community Development Corp, Inc. Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature:~~-~~' City Attomey Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~/No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved DELRAY BEACH Memorandum AJI-AmedcaCity Horticulturist 2001 TO: THROUGH: FROM: RE: DATE: DAVID T. HARDEN, CITY MANAGER ,/~ LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT NANCY DAVILA ~p~, LETTER OF LANDSCAPE MAINTENANCE COMMITMENT FOR A-1-A BETWEEN LINTON BLVD. & GEORGE BUSH BLVD. OCTOBER 28, 2002 ITEM BEFORE THE COMMISSION: The item before the Commission is a request from Florida Department of Transportation (FDOT) to provide a letter of commitment from the City to provide landscape maintenance for plant materials that may be installed in connection with a road reconstruction project, on A-l-A, between Linton Boulevard and George Bush Boulevard. BACKGROUND: Although the FDOT's project is still in the planning and design phase, in order for them to direct their consultants to earnestly address restoration and installation of landscape areas, they need to know whether, in the future, if the City will enter into a landscape maintenance agreement for those areas. The FDOT has given their assurance that city staff will be included in the landscape design process, and have the ability to comment on aspects of their plans as they are developed. Once the plans are completed, but before the plans go out to bid and landscaping is installed, the City will be asked to execute an agreement for the perpetual maintenance of these areas. RECOMMENDATION: Staff recommends the City Commission give favorable consideration to provide a letter of agreement to FDOT which states the City will enter into a landscape maintenance agreement at a future date, for landscape improvements in the public right-of-way, along A-l-A, between Linton Boulevard and George Bush Boulevard. DELRAY BEACH AII-AmedcaCity 1993 2001 too N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 November 6, 2002 Mr. Sonny Abia, P.E. Consultant Management Florida DOT District IV 3400 West Commercial Boulevard Ft. Lauderdale, Florida 33309 Re: State Road A-1-A from Linton Boulevard to George Bush Boulevard Dear Mr. Abia: The City of Delray Beach has been asked to provide a letter of commitment to the Department of Transportation indicating we will, at a later date, enter into a maintenance agreement for landscaping installed in connection with plans for the reconstruction of A-1-A between Linton Boulevard and George Bush Boulevard. It is understood that the city will have the opportunity to review plans during the design process and will have the ability to work closely with the landscape architects and engineers. At their City Commission meeting held November 5, 2002, it was the consensus of the Commission to provide a letter of commitment which will obligate the city to enter into a formal maintenance agreement at a later date. The City is appreciative of the FDOT's proactive role in coordinating landscape improvements with the road reconstruction, and we look forward to working with you on these endeavors. On behalf of the City of Delray Beach, I thank you for your understanding of the importance of maintaining the aesthetics in our community while improving the level of service of our transportation corridors. Sincerely, David Schmidt Mayor Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS Date: October 31, 2002 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular __ Special __ Workshop __ Consent When: November 5, 2002 Description of Agenda Item: Letter of Landscape Maintenance Commitment for A-1-A Between Linton Blvd & George Bush Blvd Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~_~_~_4~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~s~/ No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved DELRAY BEACH AII-AmedcaCity 1993 2001 gER[ too N W 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 Community Neighborhood Helping, Inc. ATTENTION. Edith Thompson, Founder P.O. Box 2133 Delray Beach, Florida 33444 Dear Ms. Thompson: In response to your request for the donation of one of our used City vehicles to the Community Neighborhood Helping, Inc, I will be requesting approval from the C~ty Commission to donate the Police DARE Van to your orgamzat~on. This vehicle is currently included in the list of vehicles to be aucboned at our upcoming annual auction. By copy of this letter to the indlwduals below, I am directing this vehicle be removed from the list of vehicles to be auctioned until the request for donation to your organization can be reviewed by the City Commission. I will advise you of the City Commission's decision. Sincerely, David T. Harden City Manager /sam cc: Joseph M. Saff~ctor of Finance Barbara Garito, CEyClerk Rich Olson, Interim Director of Pubhc Works Jackie Rooney, Purchasing Supervisor Bill Darty, Fleet Maintenance Superintendent Prmted on Recycled Paper THE EFFORT ALWAYS MATTERS Joe Safford: Community Neighborhood Helping, Inc. Please draft a response to this letter per Mr. Harden's request. Tks, Gerri 10/15/02 POBox2133 OCT 200 CiTy MANAGER David Harden, City Manager City of Delray Beach 100 NW 1" Avenue Delray Beach, FL 33444 Dear Mr. Harden, In a meeting I had with Major McCollum, he mentioned that the you will be purchasing a new fleet of vehicles for city use. On behalf of COMMUNITY NEIGHBORHOOD HELPING, I would like to request a donation of one of your used vehicles. The vehicle would be used to expand existing services to inner city residents. These services include the pick up and delivery of surplus food, Prison Ministry and Senior Care programs. I have included a fact sheet which explains our organization and its programs in greater detail I look forward to hearing from you. If you have any questions, you may reach me at 279-9951. Thank you. ~)~egard .s~ E'(~ ~hompson'~ ~ ' '/ Founder, Community Neighborhood Helping, Inc. O O BACKGROUND... On June 23, 2001 Delray Beach was named a winner in the Ali-America City competition held in Atlanta, Georgia. 100 cities from across the United States participated in the competition. In the presentation to the judges, the city of Delra~ Beach used the theme, Delray Beach: A Patchwork of Pride and showcased a number of community organizations to illustrate the diversity, history and unity of the city. Community Neighborhood Helping, Inc. (CNH) was one of the featured organizations in the final competition. During the competition, CNH shared its mission of helping Delray Senior residents escape the difficult issues of urban living. After nine years at a grass roots level, CNH has finally reached a crossroads. To insure continued growth, the organization has named a Board of Directors and has received 501c3 status. Edith Thompson is the Founder and Executive Director, Bishop Lennard Josey of the National Church of God in Delray is the President, Major Will McCollum of the Delray Beach Police Force is the Treasurer and Virginia Lalka, Resident of Delray Beach is the Secretary. Community services and accomplishments: Surplus bread and baked goods (mainly donated from Publix) are distributed to: Approximately 20 churches 6 day care centers Over 100 walk-ins at the National Church of God Spedal Senior Events: Fashion Show at the Crest Theatre Valentine Party at the Community Child Care Center Distribution of Easter baskets to needy Delray Beach Seniors Weekly Senior program that provides hearing tests, blood pressure and prostate screenings, mammograms, eye tests, etc. Also indudes outings to local events Community Events: Thanksgiving food baskets Village Academy Christmas party attended by over 200 people Over 200 Christmas presents donated to local day care centers Back to School donation program - uniforms and school supplies Prison Ministry Weekly visits to the Palm Beach County jail Counseling for inmates and their families Monthly meetings Held at Delray CRA, Village Academy or Community Child Care Center Bdngs together community resources on a monthly basis to network and share needs and success stories AGENDA ITEM NUMBER: AGENDA REQUEST Date: 1t-01-02 Request to be placed on: x Consent Agenda __ Special Agenda __ Workshop Agenda When: 11-05-02 Description of agenda item: Approval to donate the used Pohce DARE van (currently scheduled to be included for aucbon ~n the annual City aucbon) to the Community Neighborhood Hel@~ng, Inc organization. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached. YES NO YES NO Recommendation: Approval is recommended by the City Manager Department Head Signature: Determination of Consistency with Comprehensive Plan: n/a City Attorney Review/Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds): Funding available' N/A Yes Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: ~/s~/' Hold Until' Agenda Coordinator Review: Received: Action No No Approved Disapproved P.O. # MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor(~ Joseph Safford, Finance Director November 01, 2002 DOCUMENTATION - CITY COMMISSION MEETING NOVEMBER 05, 2002 - CANCELLATION OF CONTRACT WITH LOXAHATCHEE TRACTOR SERVICE INC. FOR BID #2001-05 - NUISANCE ABATEMENTS (LOT CLEARING AND MOWING) FOR CODE ENFORCEMENT Item Before Commission: City Commission is requested to cancel the contract award to Loxahatchee Tractor Service Inc. for Bid #2002-05 for Nuisance Abatements (lot cleating and mowing) for Code Enforcement and authorize staff to re-bid this contract. Background: City Commission at their meeting of January 23, 2001, awarded Bid #2001-05, Nuisance Abatements, Lot Clearing and Mowing for Code Enforcement, to Blackwell's Tractor Service. In February 2002 the City was notified that Loxahatchee Tractor Services Inc. would be acquiring Blackwell's Tractor Services Inc. and therefore on March 19, 2002, a Consent to Assignment for the original agreement with Blackwell's Tractor Service Inc. to Loxahatchee Tractor Service Inc. was approved. On October 24, 2002, the City received a "Articles of Dissolution" stating the finn Loxahatchee Tractor Service Inc. was dissolved. See attached facsimile dated October 24, 2002. Recommendation: Staff recommends the cancellation of the contract, Bid #2001-05, Service Inc. and authorize staff to re-bid this project. with Loxahatchee Tractor Attachments: Letter from Code Enforcement Article of Dissolution Memorandum TO: THRU: FROM: SUBJECT: DATE: Joe Safford, Finance Director Lula Butler, Community Improvement Director~ Richard Bauer, Code Enforcement Administrator NUISANCE ABATEMENT BID 2001-05 October 31, 2002 Our current nuisance abatement bid contractor, Loxahatchee Tractor Service, Inc., was apparently dissolved on October 24, 2002 by act of its shareholders (see attached). Since our contract vendor is no longer in existence, I would like to "cancel" the contract and re-bid immediately. We believe that we have a properly insured vendor to utilize on an emergency bases until the new bids are received. Could you please initiate the appropriate action to cancel and re-bid as noted above. ARTICLES OF DISSOLUTION OF LOXAHATCHEE TRACTOR SER., INC. Pursuant to thc provisions of Section 607.1403 of the Florida Statutes, these Articles of Dissolution provide that: ARTICLE I - NAME The name of the corporation is Loxahatchcc Tractor Set., Inc. (the "Corporation") ARTICLE II -DATE DISSOLUTION AUTHORIZED The dissolution was authorized by the Corporation's shareholders on October 24, 2002. ARTICLE IH ~~SHAREH_OleDER APPROVAI~ The dissolution was approved by a majority of the Corporation's shareholders, which is sufficient for dissoh~tion of the Corporation. IN WITNESS WHEREOF, these Articles of Dissolution have been executed on behalf of thc Corporation by its duly authorized officer on October 24, 2002. LOXAtlATCHEE TRACTOR SER-, INC. Diam]e E. Carey, President 2d NdG~:~O 2002 ~2 '~o0 ~[ 898 ~9S: 'ON XW3 sn°u~d 'H m~lltM: NOU~ AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: November 05, 2002 Date: November 01, 2002 XX Consent Agenda __ Special Agenda __ Workshop Agenda Description of agenda item: Approve cancellation of contract award, Bid ~2001-05, with Loxahatchee Tractor Service Inc. and authorize staff to re-bid the contract. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~,) Hold Until: Agenda Coordinator Review: Received: Action: Approved No No Disapproved (if applicable) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ff/fi/'l REPORT OF APPE^IABLE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 1, 2002 Attached is the Report of Appealable Land Use Items for the period October 14, 2002 through November 1, 2002. It informs the Commission of the various land use actions taken by the designated boards, that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\C:ty Clerk\chevelle folder\agenda memos\apagmem. 11.5.02 TO: THRU: FROM: SUBJECT: DA~q~ T. HARDEN, CITY MANAGER PAUL DORLING, DIRECTOR OF PLANNING AND ZONING MIN ALLEN, PLANNER MEETING OF NOVEMBER 5, 2002 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 14, 2002 THRU NOVEMBER 1, 2002 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of October 14, 2002 through November 1,2002. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (6 to 0, Jill Woehlkens absent), a master development plan modification to allow the reallocation of land uses resulting in 55,530 square feet of office uses; 96,074 of light industrial uses; 52,785 square feet of service industry; and 6,985 square feet for the retail center for Congress Commerce Center, located at the southeast corner of Lake Ida Road and Congress Avenue. B. Approved (5 to 1, Jess Sowards dissenting), a master plan modification to allow a reduction in the rear swimming pool and screen enclosure setbacks for The Colony at Delray Beach (formerly Winterplace PUD), located at the southeast corner of Military Trail and LWDD L-30 Canal. City Commission Documentation Appealable Items Meeting of November 5, 2002 Page 2 No other 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 (6 to 0), of a conditional use request to allow the establishment of a bank with drive-through facility for Gulfstream Business Bank at Atlantic Plaza, located at the northeast corner of East Atlantic Avenue and NE 7th Avenue. Recommended approval (6 to 0), of a conditional use request to allow the establishment of a late night business located within 300 feet of residentially-zoned property for Sazerac Bistro & Martini Bar at Lake Ida Plaza, located at the southwest corner of Lake Ida Road and Congress Avenue. Recommended approval (6 to 0), of a City initiated abandonment of right-of-way for the 60-foot wide northerly extension of NW 23rd Avenue (originally platted at SW 23rd Avenue); lying north of West Atlantic Avenue and Approximately 120 feet west of the LWDD E-4 Canal within the replat of "Breezy Ridge Estates" Subdivision. Recommended approval (6 to 0), of a combined preliminary/final plat for Legacy at Sherwood Forest, a proposed 72-unit townhouse development, located at the southeast and southwest corners of West Atlantic Avenue and Sherwood Forest Drive/Barwick Road. A. Approved (6 to 0, Nancy Stewart absent), a request for a color change for Hot Ante's, an existing restaurant located at the northeast corner of SE 5th Avenue (southbound Federal Highway) and SE 10th Street (969 SE 5th Avenue). B. Approved (6 to 0), a request for a architectural elevation change for Dunkin' Donut/Baskin Robbins, located at the northeast corner of South Federal Highway and Tropic Boulevard (1911 S. Federal Highway). C. Approved (6 to 0), a request for a color change for 245 SE 5th Avenue, an existing commercial building, located on the east side of SE 5th Avenue (southbound Federal Highway), between SE 2® Street and SE 3rd Street. D. Granted (5 to 0, Gary Eliopoulos stepped down) with conditions, an eighteen (18) month extension (expiring June 20, 2004) for Prosperi Warehouse, located at the southwest corner of Wallace Drive and Georgia Street (1300 Wallace Drive). Concurrently, the Board approved a Class II site plan modification relating to certain aspects of the architectural elevation plan. E. Approved (6 to 0), the architectural elevations associated with the construction of two new apartment building housing 14 units for Palms of Delray, located on the south side of Dotterel Road, approximately 100' east of Jaeger Drive. The site and landscape plans were previously approved by the Board. City Commission Documentation Appealable Items Meeting of November 5, 2002 Page 3 Approved (5 to 0, Dan Carter stepped down), a Class V site plan, landscape plan and architectural elevation plan associated with the conversion of a single family residence to office for Crestline Building, located on the south side of SE 2nd Street, east of SE 1st Avenue (106 SE 2nd Street). Granted (6 to 0, Jim Keavney absent), an eighteen month extension (expiring April 18, 2004) associated with the conversion of a former beauty salon to a restaurant for Elizabeth's on 7th, located on the east side of SE 7th Avenue, approximately 90 feet south of East Atlantic Avenue (9 SE 7th Avenue). Approved (6 to 0), Certificate of Appropriateness associated with the replacement of windows for the Price House, an individually listed historic site, located on the north side of Sea Spray Avenue, west of Andrews Avenue (1109 Sea Spray Avenue). By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- November 5, 2002 GULF STREAM BLVD g Q rL~ ATLANTIC LAKE IDA L-30 CANAL LOWSON BOULEVARD LIHTON BOULEVARD L-38 CAI~L P.&Z: A. CONGRESS COMMERCE CENTER B THE COLONYATDELRAYBEACH H.P.B.: X. ELIZABETH'S ON 7TH Y. PRICE HOUSE S.P.R.A.B.: I. HOTANTE'S 2. DUNKIN' DONUTS 3. 245 S.E. 5TH AVENUE 4. PROSPERI WAREHOUSE 5 PALMS ATDELRAY 6. CRESTLINE BUILDING N W 2ND ST S W 2ND ST SW LINTON C-15 CANAL CITY LIMITS GRAPHIC SCALE W~F S CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2002 - - DIGITAL BASE-MAPPING SYSTEM - - MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ NOVEMBER 1, 2002 This is before the City Commission to approve the award of the following bids: Purchase award to DGG Taser Company in the amount of $19,369.00 for the purchase of twenty (20) additional M-26 Advanced Air Tasers for the Police Department. Funding is available from 115-2112-521-49.90 (Federal Asset Forfeiture Account). Purchase award to Caswell Detroit Armor in the amount of $30,950.00 for the purchase of a new range targeting computer system for the Police Department. Funding is available from 115-2112-521-64.90 (Federal Asset Forfeiture Accoun0. Contract award to U.S. Filter Distribution Group in the amount of $38,569.22 for the purchase of required materials to connect the new force main to the existing system. Funding is available from 441-5181-536-63.74 (Water/Sewer Fund/Intracoastal Sewer Crossing). Purchase award to Monroe Infrared Technology in the amount of $21,495.00 for the purchase of a Thermal Imaging camera. Funding is available from 441-5143- 536-64.90 (Other Machinery/Equipment). Purchase award to Maroone Dodge in the amount of $15,862.00 via the Florida Sheriff's AssociaUon and Florida Association of Counties Bid #4 for the purchase of a 2003 Dodge Intrepid police vehicle. Funding is available from 501-3312-591- 64.20 (Vehicle Replacement Fund). Recommend approval of the above bids and purchases. S:\City Clerk\chevelle folder\agenda memo\Bid Memo 11.5.02 MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor(~ Milena Walinski, Assistant Finance Director..~. ? October 23, 2002 DOCUMENTATION - CITY COMMISSION MEETING NOVEMBER 05, 2002 - PURCHASE APPROVAL OF ADVANCED AIR TASERS Item Before Commission: City Commission is requested to approve the purchase of twenty (20) M-26 Advanced Air Tasers from DGG Taser for the total purchase mount of $19,369. Background: The Police Department is requesting approval for the purchase of twenty (20) M-26 Advanced Air Tasers from DGG Taser per attached estimate dated October 22, 2002. These are 15 and 21 foot single air cartridges with laser, batteries, smart rapid charger, and cartridge holder. DGG Taser is the sole source manufacturer of these advanced tasers as stated on the attached sole source justification letter dated June 27, 2002. Recommendation: Staff recommends approval for the purchase of twenty (20) M-26 Advanced Air Tasers from DGG Taser for the total amount of $19,369. Funding from account code 115-2112-521-49.90 (Federal Forfeiture Account). Attachments: Memo from Police Department Proposal from DGG Taser Sole Source Letter from DGG Taser Ail-America City Delray Beach olice Department 1 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 Joseph L. Schroeder 2oo~ Chief of Police MEMORANDUM TO: FROM: Jackie Rooney Purchasing Supervisor David Junghans 4' Administrative Serw"o~s Director DATE: October 25, 2002 SUBJECT: AGENDA REQUEST Enclosed please find our Agenda Request, and the quote, for the purchase of twenty (20) M-26 Advanced Air Tasers. This purchase is sole source as noted on our last requested Commission Agenda for the purchase of sixty (60) M-26 Tasers, P/O 605606. The cost of the equipment is $19,369.00, and will be funded using the Departments Federal Forfeiture account. Should you have any questions or require additional information, please call or e- mail me, and I will provide the necessary information. DJ/ Enclosure Serving with P.R. LD.E. Professionalism, Respect, Integrity, Diversity and Excellence From' Russel ~tendar 90478181e4 1'o' Fred Parker Date' 10/22/2002 Time' 1'2.~'08 PM Page 2 DOG TASER 10034 PLANK LANE JACKSONVILLE, FL 32220 904-781-8184 FAX 904-781-8194 DGGTASER~AOL.COM Estimate Date Estimate # 10/22/200; 183 Name / Address Delray Beach Police Department Fred Parker 300 West Atlantic Ave Dekay Beach, FL 33444 Project Item Description Qty Rate Total M-26 Advanced Air Taser W/LASER, 20 499.00 9,980.00 DATAPORT, HIGH CAP NIMH BATTERIF, S, SMART RAPID CHARGER, 2ND CARTRIDGE CLIP. X351-M26 !HIGH RI-DE CROSS DRAW WITH 25 89.00 2,225.00 i BUILT IN CARTRIDGE HOLDER IN ADV PLUS NYLON I RIGHT HAND ~ CAR'I'I~, ,GE HOLDEP. ~LUS r~ YZ-ON SINGLE 15FT ... 15it single air cartridge 300 17.89 5,367.00 THANK YOU FOR YOUR BUSINESS Subtotal Sales Tax Total Page From' Russel ~andar 9047a18194 1'o' Fred Parker Date' 10/22/2o02 Time' 1'2~.'08 PM Page DGG TASER 10034 PLANK LANE JACKSONVILLE, FL 32220 904-781-8184 FAX 904-781-8194 DGGTASER~AOL.COM Estimate Date Estimate # 10/22/200;183 Name / Address Delray Beach Police Department Fred Parker 300 West Atlantic Ave Delray Beach, FL 33444 Project Item Description Qty Rate Total S/NGLE 21FT ... 21ff single air cartridge 100 18.97 1,897.00 FREIGHT Shipping & Handling 100.00 100.00 DISCOUNT FOR RECEIVING PAY1VIE~ -200.00 -200.00 WITHIN 2 DAYS OF DELIVERY THANK YOU FOR YOUR BUSINESS Subtotal ;g~7259:00 Sales Tax $0.00 Total Page 2 From Russel Stender 9047818194 To Buyer Patsy J Nadal Date 6/27/2002 Time 11 1.5 08 AM PaGe 2 0F 3 7860 E McClam Drive, Suite 2 * Scottsdale, Anzona * 85260 * 480-991-0797 * Fax 480-991-0791 * www taser corn 6-27-02 Patsy J Nadal Buyer C~ty of Delray Beach Pohce Department To whom it May Concern, This letter is to confirm TASERR International, Inc is the sole source manufacturer of the less lethal ADVANCED TASER M26 Model 44000, AIR TASER Model 34000, Model 34001, Model 34100, Model 34120 and custom attachable laser s~ght, Model 34700 TASER International is also the sole source manufacturer of the patented, 15-foot A~r Cartridges, Model 34200, 34202, 34228 and the patented, 21-foot Air Cartridges, Model 44200, 44202, and 44228. The Air Cartridges are required for the unit to function in the remote TASER mode. Below are just some of the unique features the ADVANCED TASER has that are not found with other TASERs: The ADVANCED TASER is the only less-lethal weapon that can stop an aggressive, focused, combat trained attacker The ADVANCED TASER directly stimulates motor nerve and muscle tissue, causing incapacitation regardless of mental focus, training, size, or drug reduced dementia. The ADVANCED TASER comes with an on-board memory chip to download 585 past firings based on the time and date the unit was fired to protect officers from unfounded charges of misuse of force. The ADVANCED TASER has over 99.9% field effectiveness rating. The M26 is available with an option to remotely fire the Air Cartridge from underneath a rifle, robot, tactical mirror on a pole, camera, etc The ADVANCED TASER uses the exact same hand motions and muscle memory as standard 9 mm semi-automatic pistols, drastically reducing the amount of time required to train. User training and Instructor training materials are all on CD rom for ease of reproduction for training Propulsion System for air cartridge is compressed nitrogen (1800 lbs/in2). Aisc, umque is the fact that we here at TASER International, Inc automatically add your agency as an additionally insured party to our $5,000.000 per occurance product I~ability insurance when you purchase the M26 ADVANCED TASER. The Sole Authorized Police Distributor in Florida 8, Georgia is: From Russel Stender 9047818194 To Buyer Patsy J Nadal Date 612712002 T~me 11 15 OS AM j~ DGG TASER, Inc. 10034 Plank Lane Jacksonville, FL 32220 904-781-8184 Phone 904-78 1-8 ! ~4 leax dggtaser~aol.com E-mail Please note the ADVANCED TASERR , AIR TASERR and TASERR are registered trademarks TASER-WaveTM is a trademark of TASER International Inc Patent U S. 5,078,117 and others pending in the U.S. and Worldwide. Copyright 1999 TASER International, Incorporated Please contact me at 480~905-2006 with any questions. Sincerely, Stephen D, Tuttle Director of Government & Law Enforcement Affairs Request to be placed on: X Consent Agenda When: November $, 2002 Description of agenda item: AGENDA ITEM NUMBER: ~'\~,~-- AGENDA REQUEST Date: October 25, 2002 Special Agenda Workshop Agenda This request is for approval of the purchase of 20 addition M- 26 Advanced Air Tasers. This will be in addition to the 60 purchased earlier this year. DGG Taser is the sole source vendor for this product; they hold all Patients on this product. The items will be purchased using the Departments Federal Asset Forfeiture Fund. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: Recommendation: Approval Department Head Signature: Determination of Consistency with Comprehens~3~e4;~lan: YES NO X YES NO X N/A City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X Funding alternatives (if applicable): Account Number. Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Action: N/A No Federal Asset Forfeiture Account $750,000.00 No Approved: P.O. # Disapproved: MEMORANDUM TO: FROM: THROUGH: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Milena Walinski, Assistant Finance Director v [~L/ DATE: October 23, 2002 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING NOVEMBER 01, 2002 - APPROVAL FOR PURCHASE NEW RANGE COMPUTER TARGETING SYSTEM Item Before Commission: City Commission is requested to approve the purchase of a new range targeting computer system from Caswell Detroit Armor for the total amount of $30,950. Background: The Police Department is requesting approval of requisition #100079 for the purchase of an updated range computer targeting system. The system is available from Caswell Detroit Armor for the total amount of $30,950 per attached memo dated 10/15/02. Caswell Detroit Armor is the sole supplier of this equipment as stated in their attached letter and quotation dated October 10, 2002. Recommendation: Staff recommends approval for the purchase of the updated range computer targeting system from Caswell Detroit Armor for the total amount of $30,950. Funding from account code 115- 2112-521-64.90 (Federal Forfeiture Account). Attachments: Memo from Police Department Proposal from Caswell Detroit Armor Requisition #100079 10/10/2002 11:32 8476397S94 PAGE 02 OSWELL A. o. COMPANIES October III. 2002 Deh'ay Beach Police Departmcnt 300 W. Atluntic Ave. Deb'ay B¢0ch, FL 334~ Attn: Dave .lunghans Fax (56I) 243-7816 RE: Shm~ting Range eASWELL DETROIT ARMR ooO 720 Industrial Drive Unit 112 Cary, IL 60013-1987 Phone: (847) 639-7666 Facsimile: (847) 639-7694 Dear Mr Junghans. Tim tbllowing is my response to your request. Caswell Detroit, ,truer Companies is the origina[ supplier of you,- firearms training equipment. Our pro~: )sal includes upgrading your existing Cas~vell Detroit Armor Target Retrieval System t~ lod¢l ATO-2()02 ~o our emwent Model #ATe-3000. C'aswell Detroit Armor Compani. es has been the sole source: agencies incktding thc United States government, large munich[ mlhtges. Due to the,t'act that the update to the target retriev: Detrmt Armor Model #ATe-3000 is totally compatible with the e equipment, no other manufacturer can compete with our R. etro-1 .~ystern considered could require a con'tplete revamping of the ran,,. [tpplier to htmdrcds of alitics ;.tlld the smallest I system with Caswell :[sting 11 rearms training It pl'ogr;.llll. :-~.lly other Thc parts being quoted are manufactured by Caswell Detroit -\truer Companies and theretbre are not available elsewhere. I hope the above iS sufficient tbr your needs and I look fo~vard to doing bttsiness w'idl you r organ ization, Sincerely, E~tabllshed 1926 www. casweilintl.com 18/!8/2882 11:32 8476397694 C SWELL COMPANIES CASWELL DETROIT ARMR PAGE 83 720 Industrial Drive Unit 112 Cary, IL 60013-1987 Phone: (847) 639-7666 Facsimile: (847) 639-7694 Oc~berl0,2002 Oetray Beach Police Department 300 W. Atlantic Ave Oelcay Beach, FL 33444 Afl. n: Dave Junghans FAX 561-243-7816 QUOTATION Dear Dave Junghans: We herewith offer our quotation price of $30,950.00 for the fL 'nishing and delivery, F O.B. jebsite, the equipment listed herein. In addition to the quotation orice, you will be responsible for all Federal, State, or Local Taxes, Licenses, Permits, and Fee s applicable to the sale. The above quoted price does not include any charges for Bid, Payr lent, or Performance Bonds. This quotabon is null and void if not accepted, in writing, a, d received by CASWELL / DETROIT ARMOR COMPANIES by 03-30-03. Terms are 100% due no later than 30 days after receipt of inv .ice. Any deviatmn must be mutually agreed upon ~n writing. Delivery is normally 90 days after return receipt of approved order This quotation and attached pages wilf be attached to and made pad: of any forthcoming p ~rchase order. Indication of acceptance shall be by signature in the space prowded on each p~ ge of the quotation herein Sincerely, CASWELL I D~OR COMPANIES Dave Rhine Director of Operations APPROVED: DATE: Established 1926 www.¢aswellintl.com 0 ~ 0 H 0 o o o o o o o o o o o o o o ~ bQ 0 0 O~ O~ I~ ~ 0 000 0 000 0 000 0 000~ O~ ~ 0 H 000 000 000 0 ~ 0 2~ 0 0 0 0 H~ m ~- ~ O~ ~ o~ Request to be placed on: X Consent Agenda When: October 29, 2002 Description of agenda item: AGENDA ITEM NUMBER: ~'~_~) ~.. ~ AGENDA REQUEST Date: October 14, 2002 Special Agenda Workshop Agenda This request is for approval of the purchase of a new range computer targeting system. The purchase of the new system is from a sole source vendor, Caswell Detroit Armor. The cost of the new system is $30,950.00, and will be purchased using Department Federal Forfeiture funding. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO X Recommendation: Approval Department Head Signature: Determination of Consistency with Comprehensive Plan: N/A City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X Funding alternatives (if N/A applicable): Account Number: No Account Description: Federal Asset Forfeiture Account $800,000.00 Account Balance: City Manager Review: Approved for Agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # 115-2112-521-4~90 ~ City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DAVID HARDEN City Manager RAFAEL BALLESTERO Deputy Director of Construction BARRIER ISLAND 16" ICWW FORCE MAIN CROSSING www. delrayesd, com (PN 2001-014) DATE: OCTOBER 28, 2002 Attached is an Agenda Request and related documentation for City Commission to approve a material purchase from US Filter Distribution Group. This is for the purchase of required materials to connect the new force main to our existing system. This work will be constructed by our in-house construction crew. The cost of this contract is $38,569.22. This is a unit price contract, and materials will be purchased as needed for construction and based on availability of funds. Prices are commensurate with the product to be purchased. Attached are copies of three quotes for this work, with US Filter Distribution Group as low bid. Funding source is account # 441-5181- 536-63.74, Water & Sewer Fund / Intracoastal Sewer Crossing, after budget transfer. cc.' Richard C. Hasko, P.E.; Director of Environmental Services Randal Krejcarek; City Engineer Project File 2001-014 (A) City Clerk Agenda File 11/5/02 S ~EngAdmtn~Projects~2OOl~2OOl-O141CONSTRCI~agenda memo USFdter recom 11 05 02 doc ~5 02 JEFF BROUILLETTE 561-743-1937 p.3 Job Name: 16" FORCE MAIN JOB Location: Customer: DELRAY BEACH, CITY OF Engineer: Bid date: 2/18102 Description U.S_ FILTER DISTRIBUTION GROUP RIVIERA BEACH, FL. 33~.)4 PHONE. 848-4396 800-7'71-4396 REPRESENTATIVE. BID DUE DATE: ENGINEER: SPECIFYING AUTH. PVC MUST ORDER BY: PVC MUST SHIP BY: THIS IS OUR INTERPREI'ATION OF THE PLANS AND SPECIFICATIONS. SPECIAL ORDER Il:EMS MAY BE NON-RETURNABLE OR SUBJECT TO A RESTOCKING CHARGE!I!! Salesman: JEFF BROUILLETT -' Branch: U.S. FILTER DISTRIBUTION GROUP Phone: (561) ~8-03! 6 Fax: (51~1) 845-72( 7 Mobile: (56t) 758-52( 4 Units Price Ext. Pti( e 210 220 230 240 250 260 270 280 290 300 310 320 330 340 4 16 MJ 118 PLUG VLV WIIGEAR ACT 4 16X16 MJ WYE EPOXY CP DI C153 6 16 MJ 45 BEND EPOXY CP DI C153 8 16 MJ L/P SLEEVE EPOXY DI C153 2 16 MJ PLUG EPOXY ¢..P DI C153 4 16" MEGALUG MJ RES1 RAINER 1116 40 16" MEGALUG F/Cg00 2016PV 50 16" MJ REGULAR GASKET F/DI 140 16 C905 DR25 CL165 PIPE(G) GRN 600 3/4X4" CDR-TEN T-HEAD B&N 2 18 MJ 22-1/2 EPOXY CP DI C153 2 16 MJ 11-1/4 EPOXY CI= DI C153 4 461-S VALVE BOX L/LID DOM 4 5-1/4 VB UD DOM M/SEWER EA 3,280 09 13,12 ).36 EA 2,045.41 8,18 1.64 EA 477.44 2,86 $ 64 EA 421.~ 3,37 ~ 88 EA 280_ 16 56 ]. 32 EA 97 43 38 ).72 EA 129.37 5,17 4.80 EA 7.50 Fr 13.83 1,9." 5.20 EA 0.83 4,~ 8.00 EA 483.51 9~ 7 22 EA 479 50 g,~ 9.00 EA 32.03 1:8 12 EA 9 63 ; 8.52 Bid Totals Sub Total $38,5~ 9.22 Bid Total $38,5~ 9.22 ~at~ Prlr~ed: 10/1Ex~O2 "Provided for the exclusive use of US Filte~ cu~omer$" Page No. 2-- FERGUSON' Waterworks FACSIMILE TRANSMISSION 3697 Interstate Park Road South. Riviera Beach, FL 33404 To send us a FAYJTelecopy, call: To confirm receipt or discuss a problem: , FAX: (561) 848-7001 Phone: (561) 844-3222 Of: Date: RRFA L- Message/Comments From: --"~-'o ¢__. No. of Pages (including this page) CONFIDF. NTt~LI'I'Y I~;OTICE -'---d,-=:~.'t ce[,ty ~.$ :;~ (.=.,eCt'cne m arrmqge for ,-e~,..r'; ~,1 [~.e [00[~] XVH Cc:or 2oog/9I/o[ SI~NSCO - W~ST PALM 3697 IN%'~a._~T~TE PARK BLVD- RIVIERA BEACH, ZI~ 33404 Teiephone~ $61-844-3222 10/16/O2 Bid ID: 5118439 INTRACOASTAL WATER~AY FORCE MAIN ine Sell Net No. ~uanti=y Per Description Price 16" PORCENAINMATERIAL Page 1 Extended Price 30 140 ET 16" C905 Dlti5 PVC PIPE GREEN 17.30 50 2 EA 16" NJ 11 1/4 LINED P-401 541.00 60 2 EA 16" NJ 22 1/2 LINED P-401 546.00 70 6 EA 16" MJ 4S LINED P-401 539.00 80 4 EA 16" NJ WYE LINED P-401 2,307.00 90 8 SA 16" NJ LP SLEEVE LINED P-401 476.00 100 2 EA 16" MJ PLUG LINED P-401 316.00 120 4 EA 16" l~J PLUG VALtFE W/GEAR 3,090.00 130 4 EA VLV BOX DROP LID "SEWER" 38.00 140 4 EA lOT SCREW TYPE TO~ 6850/6860 N/C 150 4 EA 15B BOTTOM SCREW TYPE 6850 N/C 170 4 180 4 190 4 2O0 48 210 32 220 32 230 32 240 384 EA 16" M~GALUG FOR DI ACC SET: EA 16" 91116 RESTRAINT FOR DI-BLK EA 15" IiJ OASICET EA 3/4"X ~ 1/2" CORTEN T-HEADI~xN EA 16" ~IEGALUGPOR PVC ACC SET= EA 16"2016PV MEGALUG-Cg00/IPS-RRD EA 16" NJ GA~ICET EA 3/4"X 4 1/2" CORTEN T-HEADB&N 119.00 2,422.00 1,082.00 1,092.00 3,234.00 9,228.00 3,808.00 632.00 12,360.00 152.00 .00 .00 476.00 4,928,00 Subtotal: Tax: Bid Total: 39,41~.o0 .o0 39,414.oo XY~4 ~g:0I ~00~'gI/0I OCT-25-2082 14:20 HUGHES SUPPLY 561 845 6128 P,01/02 QUOTE NOT VALID AFTER 30 DA YS ~QUOT&TIDN DATE THIS QUOTE IS SUBJECT TO THE TERMS AND CONDITIONS ON REVERSE SIDE ITEM' rQUANTITY,, .D..E.S...CRIPTIION DISC.' UNIT CQ.ST.I TOTAL ~ ~ t(,:,' a,,~..~,~ 4-5' ~,t, ¢_x~¢~ .. ,.710-~° ' .N~' ' ' ' ~ ~ % 1~' - ~ \~,¢._ ~,,' ~. -5.o° - .. _us,'~ ~ ,z,~ 4-2~.. i ' ¢,~ ~., o,~ .... ' .......... .[ ~ ~, . ......... ,~/25-2002 14:2:1 HUGHES SUPPLY 561 845 6120 P.02/02 QUOTE NOT VALID AFTER 30 DA YS TOTAL P.02 AGENDA REQUEST Agenda Item No.:~,.~o} DATE October 28, 2002 Request to be placed on Regular Agenda Special Agenda Workshop Agenda When: November 5, 2002 Description of item (who, what, where, how much): Request Commission approval of agenda request for Contract award for material purchase to US Filter Distribution Group, for the Barrier Island '16" ICWW force main Project (PN 2001-014). It is for the purchase of required materials to connect the new force main to our existing system. This work will be performed by our in - house construction crew. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Contract award to US Filter Distribution Group. Funding Source is account # 441-5181-536-63.7/4~Water& Sewer Fund / Intracoastal Sewer Crossing, after budget transfer. Department Head [ ~[ C/~..(/'/~ Signature: ~, 7 ~-L~ir~',,/~. _ / o --2~,--0z. 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. & Description 441-5181-536-63.74, Igtracoastal Sewer Crossin.q Account Balance ~r,~-~_v- ~c~,~, :st.,o~gJr'..,,-r,.~t' I~[ ?b~.~ City Manager Review: Approved for agenda: ~.~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2001-014(A) projects/2001-014/construct/agenda US Filter City Of Delray Beach Department of Environmental Services M E M 0 R A N D TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, Deputy Director of PubttZ Utilities ' October 29, 2002 Purchase of Thermal Imaging Camera U M www. mvdelragbeach, com Attached is an Agenda Request supporting documentation for the purchase of a thermal imaging camera from Monroe Infrared Technology in the amount of $21,495.00. Three quotes were received for this equipment and Monroe Infrared Technologies was the lowest price. This equipment was approved in the 2002/2003 water maintenance operating budget as a capital purchase and will be used to assess the condition of electrical connections, pumps and bearings and will enhance our preventative maintenance program. Based on the quotations received, we are recommending the purchase from Monroe Infrared Technology in the total amount of $21,495.00. Funding will be from 441-5143-536-64.90, Other Machinery & Equipment. Please place the item on the November 5, 2002 Agenda for consideration by City Commission. CC; Richard C. Hasko, P.E., Director of Environmental Services Bob Bullard, Utility Maintenance Manager Jackie Rooney, Purchasing City Clerk Agenda File U \wwdataXMemo\C~ty Manager\102902-Thermal Imaging Camera doc Infrared Equipment Sales Inspection Services Seminars and Consulting Software Support Systems Infrared Security Systems TO: Mr. Robert Williams City Delray Beach Delray FL From: Bruce Monroe Monroe Infrared Tech Inc Ref: Quote for Infrared Camera I have attached the specification data on the Raytheon Radiometdc 500D camera. This is a new state-of-the-art hand held infrared camera system for portable infrared inspection needs. As you will note, it has a PDA for the viewer, digital image storage, Temperature data and supporting image-processing software for report generation etc. The equipment carries a one-year warranty by Raytheon. The price for the camera completer which includes, lens, PDA, flash card for image storage, batteries, charger, shoulder strap, impact carrying case and users guide. $24,995.00 Report IR Software is $1500.00 I currently have excess inventory due to an order mix-up. I am offering these cameras at a significant savings. I have 7 remaining and the package price for the camera and software is $21,495.00 delivered to your location, a savings of $5000.00 Please note that this offer is only available until our inventory has been sold. After that the price will be as noted above. Delivery is normally within 30 days; any inventory sale the delivery is immediate. Price of cameras includes shipping. Terms are net 30. Bruce Monroe CFO 1-800-221-0163 Headquarters P.O. Box 1058 · Kennebunk, ME 04043 Other Locations: Utica and Hancock, MI · Orlando, FL emad brucem~,monroemfrared com http//www, monroemfrared corn ,J2 TH{. 10;49 F.',X I 215 $04 0879 LAND IN$TRI. WENT$ ~]002 instruments international 10 Friends Lane Newtown. PA 18940-1804 Phone 215 504.8000 Fax 215 504 0879 Phone 800.523 8989 US & Canada www. landinst com Quotation ISO 17025 City of Delray Beach Florida 434 Soulh Swinton Avenue Delray Beach, FL 33~t44 Attn' Bob Williamson Tel. (561) 243-7306 Fax. (561) 243-7344 NO. T2J,C-045 DATE: Oclober 10, 2002 BILLING TERMS. Net 30 Oays Overdues 1 5% per month FOB: Newtown, PA Prepaid & Add PRICE FIRM FOR. 60 days {~tem 2 Descr,{~tion Unit Price Total Price Portable Thermal tmagir~j. System Model: Cyclops PPM* Infrared Imager - NTSC type Uncooled Focal Plane array delector wtth 320 X 240 Pixels. Temperature Range. 0-300C Wavelength' 7 to 14 microns Imager Lens. Standard, 50mm wJth 18 X 13.5 degree F~d of View Focus range 18" to mf,nity 110V charger, Hard carry case ..... Includes B&W vlewfinder and Color LCD Top Mounted (PDA) display. System can store thermal images on 16Mb Compact Flash Memory card See PPM+ specification sheel altached. LIPS PPM+ report writinq software For Windows Allows you to import saved ~mages. add temperature points areas. ,sotherms, histograms, manipulate them and write reports. Dehvery of the above items w~thln 5 weeks of order receipt Land instrument's Cyclops PPM+ imag,ng product contains advanced technology that ~s exlx)rt controlled and requires an export license from the U S Department of Commerce. In order to obtain an export hcense, the ultimate consignee o¢ end user of the ~nfrared product must complete a form BXA-11 "Statement by ultimate consignee and purchaser". This form ss available for download on the internet at · httP.l/www.bxa.d.oc..qov/Forms/Forms List.html. ~ Your end-user should complete sect,ons 1, 2, 3 and 6. The original form should be sent tO you, We exporter and items 7 and 8 should be completed by you. the exporter. The completed form should then be sent to Land Instruments ~n Newtown, PA and we wdl apply for the relevant export license. Quoted delivery times are based upon receipt of the approved export license from the Dept. of Commerce. This can take 6 or more weeks dependeng on the end-use application, completeness of the etd-use statement and verificat~n of the end-user by the US. Government. $24,900.00 $ 3,195.00 S24,~:)0.00 S 3,195.00 The warranty end conditions on the reverse sic~e of this page are a part o1' th~s quotation and constitute a pa~t of any order resulhn9 from th,s quotabon. Land Infrared : FLIR SYSTEMS FI JR Systems Inc. · 16 Esquire Road, N. Billerica, MA 01862 · (978) 901-8000 · Fax: (978) 901-8881 www.flir.com ThermaCAM PM 695 High Performance Infrared System PROPOSED PRICING AND DELIVERY INFORMATION Item Qty Description 1 1 ThermaCAM PM 695 (01194900) Color Visual Option NTSC Including the following parts: ThermaCAM PM 695 Camera with built-in 24° lens · Integrated Visible Light Camera · Auto Focus · 4 Station Intelligent Battery Charger · Battery, 2 each · Video Cable SMB to BNC/PHONO, 1.6m. · Flash PC Card, 100 MB or Greater (>600 images) · Shoulder Strap · Viewer Software · VoiceTrak TUDigital V6i~ce Annotation · AC Power Supply · Operating Manual · Shipping/Carrying Case · Temperature Measurement from -40°C to 500°C Advanced Camera Features: · 5 Temperature Spots, 5 Areas, Vertical or Horizontal Line Profile, Text Annotation, Emissivity Quick Select, Continuous Image Storage and Extended Screen Graphic Information Display $49,950 Included 2 1 5" LCD Color Monitor (#200053-201) $1,500 $150 $6,950 3 2 695 Battery (#194067) 4 I ThermaCAM Reporter Software (#1195373) · Includes operating manual and diskettes Subtotal Price for the ThermaCAM PM 695: Less Preferred Cus[omer Discount: Total Price for the ThermaCAM PM 695: Total Price $49,950 Included $1,500 $300 $6,950 $58,700 -$18,710 $39,990 ThermaCAM PM 695 Proposal for C~ty of Defray Beach, Quote # 2002B4JY66YZY, 10/17/02 Page 5 City of Delray Beach Maintenance Division The Maintenance Division, as part of an ongoing preventative maintenance program, for the last several years, has contracted a thermal imaging service company to come in and provide infrared images and digital images of just the most critical equipment at the Water Treatment Plant and the major lift stations. The cost so far has been over $6,000 with only minimal equipment being tested, and only once a year. The Maintenance Division can purchase a camera and soft ware and will be able to do the same testing and reports. Also, the equipment can be put into the preventative maintenance program to be tested as often as needed, to include both electrical and mechanical items. Attached is a sample of the imagery that is obtained with a thermal imaging camera. With the software, a continuous record of all testing can be maintained. Also, not only does the camera find the problem, after the work is completed, the camera will be used to verify that the equipment is working correctly. Thermal faults cannot be seen visually, but stand out in the thermal images. Furthermore, imaging will not be limited to only once a year, but as often as required to maintain equipment in excellent working condition. Tim Infra Red Thermographic Surveys Equipment I / D: Automatic Transfer Switch Location: Lift Station 80 Load /Amps: Normal Operation Fault Location: B Phase load side. Fault Temp: 131.2' F Delta Temp: 51.0' F Fault Class: B. Intermediate Action Taken: Staff informed Control Data Work Order # 593239 Time / Date: 02/27 / 01 Emissivity: 0.95 Target Distance: 4f Atmospheric Temp: 87.2* F Background Temp: N/A Infrared 2 of 5 Visual Image Thermal Image Comments: CITY ELECTRICAL STAFF CONDUCTED REPAIR. MONITOR TO ENSURE FAULT HAS BEEN CLEARED. Page lnfra Red Thermographic Surveys Equipment I / D: Generator breaker Location: South Pump Station Load / Amps: Normal Operation Fault Location: A. Phase Load Side, circuit breaker. Fault Temp: 111.1' F Delta Temp: 19.7' F Fault Class: B. Intermediate Action Taken: Staff informed Control Data Work Order # 593311 Time / Date: 03/15/01 Emissivity: 0.95 Target Distance: 4f Atmospheric Temp: N/A Background Temp: N/A Infrared 3 of 6 Visual Image Thermal Image Comments: Inspect cable clamp to breaker connections on all phases. lnspect cable terminations, ensure all contact surfaces are clean. Reconnect and torque all connections to manufacturers specifications. Page No. Request to be placed on: X Regular Agenda ~ Special Agenda __ Workshop Agenda AGENDA REQUEST Agenda Item Date: October 29, 2002 When: November 5, 2002 Description of item (who, what, where, how much): Staff requests Commission Approval of a purchase from Monroe Infrared Technology_ ~n the amount of $21,495.00 for equipment. Th~s eqmpment will be used to assess the conditions of electrical connections, pumps and bearings and will enhance our preventive maintenance program. Funding is available from Account # 441-5143-536-64.90, Other Maintenance Equipment. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the purchase from Monroe Infrared Technology. Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~red on all items involving expenditure of funds): Funding available: Funding alternatives- (ff apphcgble) Account No. & Description Account Balance J/~ 4/~. j/,ff' City Manager Review: Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved U \wwdata~FormsXAgenda Requests~gendaReq - Monroe Infrared 102902 doc MEMORANDUM TO: FROM: David T. Harden, City Manager Richard C. Olson, Interim Director Public Works DATE: October 22, 2002 SUBJECT: Agenda Item City Commission Meeting November 5~ 2002 Bid Award - Police Vehicle Action City Commission is requested to approve a bid award to Maroone Dodge under the Sheriff's Association and Florida Association of Counties bid specification # 04 for a 2003 Dodge Intrepid in the amount of $15,862.00. Funding is available in the City Garage Vehicle Replacement account number 501-3312-591-64.20. Background Staff is proposing the purchase of a 2003 Dodge Intrepid to replace a 1993 Crown Victoria that was lost to an accident several weeks ago. This vehicle is on the replacement list for the current fiscal year. Part of the costs for this vehicle will be recouped through insurance proceeds and the garage account will be reimbursed. The purchase price includes several options as well as an extended warranty. Recommendation Staff recommends the purchase of a 2003 Dodge Intrepid police vehicle from Maroone Dodge under the Florida Sheriff's Association and Florida Association of County bid specification # 04 in the amount of $15,862.00 with funding to come from account number 501-3312-591-64.20 Cc: Bill Darty Fleet/b~dawardumtl311 doc FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2003 DODGE INTREPID Specification #04 (Administrative) The Dodge Intrepid purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufac~ turer by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $14,787.00 - NB - $14,687.00 $14,652.00 While the Florida Sheriffs Association and the Florida Association of Counties-have attempted to identify and include those equipment items most~ often requested by participating agencies for mid size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost ~f the type vehicle(s) you wish to order. NOTE: An official listing o..,f. ~ add/delete options and their prices should be obtained from the appropriate dealer in your zone when prepa~ing your order. Additional add/delete options other than those listed here may, be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. LEi~END FOR DELETE/ADD OPTIONS Everyllne win requh-e aDOLLARVAZ,I~ or one of the following abbreviations: Btd.= m~n!,f~,-ttLver'sstaz~dardeq~zip. Zuel. = included with base specs. = no additional charge = not applicable to the vehicle -- = optl~on not bid b~ vendor Bid Award Announcement (02-10-0826) 99 V~I~CL~: DF~R: ZONE: BA~ PlaCE: Intrepid Maroone Dodge Western $14,787.00 Northern -- NB - Intrepid Intrepid Maroone Maroone Dodge Dodge Central Southem $14,687.00 ~ $14,652.00 Order Code Delete Options Speed control Daytime running lights ABS brakes Western Northern Central Southern $ 150.00 $ 40.00 $ 450.00 $ 150.00 $ 150.00 $ 40.00 $ 40.00 $ 450.00 $ 450.00 Order Code CGS JPY TBB 3K RS DSM Add Options Western Northern Central Southern Side air bags $ AM/FM cassette radio AM/FM cassette/CD radio $ Power seats $ Bucket seats Map light Interior deck lid release Right and left remote controlled rear view Full size spare tire & rim $ Full size wheel covers Third key $ · Rainshields , $ · Complete set of shop $ manuals ONLY · 5/70 Manufacturer's $ Extended Extra Care Warranty ($0 deductible) 390.00 Std. 625.00 380.00 Std. Std. Std. Std. 160.00 Std. 40.00 85.00 135.00 990.00 - $ 390.00 $ 390.00 - Std. Std. - $ 625.00 $ 625.00 - $ 380.00 $ 380.00 S~. Std. S~. Std. S~. Std. Std. Std. - NB - $ 160.00 $ 160.00 - NB - Std. Std. - NB - $ 40.00 $ 40.00 - NB - $ 85.00 $ 85.00 - NB - $ 135.00 $ 135.00 -NB- $ 990.00 $ 990.00 1 O0 B~t Award Announcement (02-10-0826) Request to be placed on: X Consent Agenda When: November 5. 2003 Description of agenda item: Bid AGENDA REQUEST Date: October 28, 2002 Special Agenda award - police vehicle Workshop Agenda ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO X Recommendation: Purchase of a 2003 Dodge Intrepid police vehicle from Maroone Dodge under Florida gher~ff A~oe{m~nn mhd ~]nr{aa Association Depa~ment Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (requiredFundingOnavailable:all items involving exp~f funds~ Funding alternatives (if applicable): Account Number: Account Descriptior Account Balance: No 501-3312-5ql-64.20 Vehicle replacement fund. City Manager Review: Approved for Agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved. Disapproved: P.O. # LK, BANKIE R C~ ~y ~IANAGER ~lUlT~ gOC~ RATON. F~O~IDA 33431 BOCA NATON NORT~BRID~i~. CENTNt BIS NORTH F~L~R FAX ~1 RLrBECC-A L. HF-NDH~ON October 30, 2002 Via Facsimile Mr. David T. Harden, City Manager City of Delray Beach, Florida 100 N.W. 1st. Av~aue, 2'~ Floor Delray Beach, Florida 33444 RE: 610 N. Ocean Boulevard 2002-164-COA-HPB Dear Mr. Harden: As you may know, we represent Frauk and Nilsa McKinuey in thc above-referenced matter. At the Octob~' 1, 2002 City Commission meeting, we were granted a continuance until the November 5, 2002 City Commission meeting. Following that meeting, the Chairperson of the Historic Preservation Board, Mary Lou 2amison, informed mc that she would like for the November 5, 2002 hearing date to be postponed until the November 19, 2002 City Commission meeting as she is concemed that the election might deter public participation. We have no objection to M s. .lami~on's request, which request I rec~tly conf'mned with Wendy Shay, Historic Preservation Planner, and Ms. Jamison. I offered ~o communicate this request to the City and confirm that we have no objection. Accordingly, wv will preparc for the November 19, 2002 City Commission meeting. If you have any questions, please do not hesitate to contact me. Sincerely, BAN C u~ BY: Esq. RLH:kan cc: Frank and Nilsa McKinney Wendy Shay, Historic Preservation Planuer TO: THROUGH: PAUL DORLING, DIREC~::~R OF PLANNING AND ZONING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF NOVEMBER 5, 2002 APPEAL OF THE HISTORIC PRESERVATION BOARD'S DENIAL REGARDING AN EXISTING ACCESSORY STRUCTURE AT 610 NORTH OCEAN BOULEVARDw THE FONTAINE FOX HISTORIC SITE. The action requested of the City Commission is that of consideration of an appeal of the Historic Preservation Board's denial of an existing accessory structure associated with a Certificate of Appropriateness located at 610 N. Ocean Boulevard, the Fontaine Fox Historic Site. The subject property is located approximately 900' south of George Bush Boulevard between North Ocean Boulevard and Andrews Avenue. The Historic Preservation Board action was taken on September 4, 2002 and appealed on September 12, 2002 by Rebecca Henderson, attorney for Frank and Nilsa McKinney, owners of the property. The appeal is being processed pursuant to LDR Sections 2.4.7(E) and 4.5.1(M)(12). The appeal was originally scheduled for consideration by the City Commission on October 1, 2002, however, based on the applicant's request, the meeting was postponed until November 5, 2002 in order to submit the necessary building permit applications. The development proposal is a request for approval of a pre-existing accessory structure that was constructed last year. The accessory structure is currently located east of the main historic dwelling along the front fa(;ade. The structure is supported by four large wood posts and contains a wood staircase that leads from ground level to the main entrance. The free-standing structure measures 10'x12' and is approximately 23' high. Built of frame construction with a wood shingle exterior, intended to match the extant historic home, the structure displays a gable roof with wood shakes and a balcony and is connected to the main dwelling via a rope suspension bridge. The structure was constructed within a stand of sea grape trees. Dense landscaping consists of the sea grape trees which surround both the perimeter of the property and the structure. Additional background and an analysis of the request are provided in the attached staff report. HISTORIC PRESE~!~,~BOA:RD CONSIDE~I~!/~!!~il .... During its meeting on June 5, 2002, the Historic Preservation Board reviewed a COA request for the existing accessory structure. This action was continued along with a request for additional information including as-built drawings for the structure. The item was reconsidered on September 4, 2002. Upon further analysis of the structure, the Board found that the scale, massing, and particularly the location of the structure, directly in front the extant historic dwelling, was inappropriate. Staff recommendation was for the relocation of the extant structure, however the Board recommended denial (6-0). City Commission Documentation, November 5, 2002 Fontaine Fox Historic Property Page 2 On September 12, 2002, the Historic Preservation Board's action was appealed by Rebecca Henderson, attorney for Mr. and Mrs. McKinney, owners. "The basis for the appeal is that the request meets the criteria set forth in: · LDR Sections 4.5.1(E)(4), (E)(7), and (E)(8)(a-k); · The Delray Beach Design Guidelines; · Objective A-10, Policy A-10.1 of the Housing Element and Objective Management Elements of the City's Comprehensive Plan; · The Secretary of the Interior's Standards. C-1 of the Coastal Based on this analysis, the applicant asks "...that the City Commission reverse the decision of the Historic Preservation Board and approve the Certificate of Appropriateness for the tree house." ; ~ A L T E R N ATiV E A C T~ I,,Q.N~iS,~ ~ ' Ao Approve the request for an extant accessory structure at 610 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7), & (E)(8)(a- k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards for Rehabilitation. Approve the request for an extant accessory structure at 610 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7), & (E)(8)(a- k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards for Rehabilitation subject to the accessory structure being relocated from the east elevation of the front facade of the extant historic dwelling to either the north side of the property, or to the west elevation, behind the historic dwelling. Uphold the Historic Preservation Board's action and deny the request for an extant accessory structure at 610 N. Ocean Blvd, the Fontaine Fox House, based on a failure to find positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7), & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards with the basis stated. City Commission's Discretion. Attachment: HPB Staff Reports of June 5, 2002 and September 4, 2002 HISTORIC PRESERVATION BOARD MEMORADUM STAFF REPORT AIl-Amm'icaCJty 2001 Agent: Project Name: Project Location: Rebecca Henderson Fontaine Fox Tree House 610 N. Ocean Boulevard ITEM BEFORE THE BOARD The item before the Board is consideration of a COA for an accessory structure at 610 N. Ocean Boulevard also known as the Fontaine Fox House, pursuant to LDR Section 2.4.6(J). BACKGROUND' The property at 610 N. Ocean Boulevard consists of Lots 2 and 3 of the Ocean Apple Estates Plat. The property is located approximately 900' south of George Bush Boulevard between Andrews Avenue and N. Ocean Boulevard. Associated with the property is a 1,184 square foot Cape Cod cottage, which was constructed in 1936 of Florida cypress. Inspired by the trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the Cape Cod style cottage is located on Lot 2. The lot also contains three outbuildings, one of which is a recently constructed free-standing structure which has been referred to in the application as a "tree house." The property has an extensive land use history. The following background relates to the recently installed accessory structure: In 2001, the applicant constructed a free-standing accessory structure referred to as a tree house in front of the historic Fontaine Fox house. Due to the fact that a building permit is not typically required for the construction of a tree house, no permit or prior HPB approval was sought. However, the structure is more elaborate and detailed than a typical tree house being free-standing (similar to a guest cottage) and is therefore considered an accessory structure which requires Board approval. As such, the applicant is required to obtain a building permit and now seeks approval of a COA from the Board. Consideration of the COA for the accessory structure was first brought before the Board during its meeting on June 5, 2002. Upon review of the project, the Board found that adequate information had not been presented in order to make an informed decision and the item was tabled (5-1 vote) and continued to the first scheduled meeting in July. The Board requested that the applicant submit as-built construction documents for the accessory structure for the Board to review. The applicant was unable to submit plans for the July meeting and the requested plans are now before the Board for review. Meeting Date: September 4, 2002 Agenda Item: II.A. 610 N. Ocean Boulevard, tree house Individually Listed Property Page 2 PROJECT DESCRIPTION / ANALYSIS Project Description The applicant is seeking approval of a pre-existing accessory structure that was constructed last year. The accessory structure is currently located east of the main historic dwelling along the front facade. The structure is supported by four large wood posts and contains a wood staircase that leads from ground level to the main entrance. The free-standing structure measures 10'x12' and is approximately 23' high. Built of frame construction with a wood shingle exterior, intended to match the extant historic home, the structure displays a gable roof with wood shakes and a balcony and is connected to the main dwelling via a rope suspension bridge. Fenestration consists of modern, 1/1 single hung sash, single light windows, and an ocular window. A hatch door and French door allow access into the structure and to the balcony on the west elevation. The structure was constructed within a stand of sea grape trees. Dense landscaping consists of the sea grape trees which surround both the perimeter of the property and the structure. Analysis Development Standards LDR Section 4.5.1(E)(4), (E)(7), and (E)(8)(a-k)"Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable standards are as follows: A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. (E)(7) The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of a non-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non-contributing building. Any material change in the exterior appearance if any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. Ail improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: consistency in relation to materials, texture, and color of the facade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. 610 N. Ocean Boulevard, tree house Individually Listed Property Page 3 Based on LDR Section 4.5.1 (E)(8)(a-k), the accessory structure must meet requirements in relation to height, proportion of the front fa(;;ade, proportion to openings, rhythm of solids to voids, entrance and porch projections, relationship to materials, colors, and textures, roof shapes, scale and orientation (see appendix A for a detailed list). Currently, the structure does display a continuity of design in relation to fabric, texture, color, roof shape, solids to voids, and massing. However, in order to ensure compatibility with the extant historic structure, the height, scale, orientation, and location must be evaluated. Delray Beach Desi.qn Guidelines Section IV. New Additions to Historic Buildings Locating the appendage [to a structure] at the rear or an inconspicuous side and limiting the size and scale in relationship to the existing structure is essential. If new additions such as balconies are being considered, they should be on non-character defining elevations. Additional levels should be set back from the existing structure wall plane, and be placed as not to radically alter the historic appearance of the building. Secretary of the Interior's Standards (Department of the Interior regulations, 36CFR Part 67). Building Sites Non-significant buildings, additions, or site features should be removed which detract from the historic character of the site. The introduction of new construction onto the building site which is visually incompatible in terms of size, scale, design, materials, color, and texture or which destroys historic relationships on the site should be avoided. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. Comprehensive Plan Consistency The following applicable objectives and policies of the City's Comprehensive Plan relate to the proposal: Housing Element: Objective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. 610 N. Ocean Boulevard, tree house Individually Listed Property Page 4 Housing Element: Policy A-10.1 This objective will be implemented in accordance with standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Coastal Manaqement Element: Objective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic preservation Ordinance shall continue to be applied in the Coastal Management Planning Area. Conclusion As required by the development standards, the design of the accessory structure is in keeping with the Cape Cod style cottage of the extant historic dwelling with its natural frame construction, clapboard siding, wood shingle clad, gable roof, and modest detailing. It is also differentiated from the original structure as it displays modern fenestration and detailing. However, the scale and size of the structure, as well as its location in front of the extant residence, is out of character and obstructs a significant portion of the historic cottage. Although dense foliage and landscaping make it difficult to view the extant main dwelling and associated accessory structure from the right-of- way, the current location of the outbuilding is less than desirable. Further, the existing vegetation can be altered or removed in the future to make the additional structure more visible and the retention of the vegetation cannot be ensured in the future. Therefore, to ensure compliance with the Secretary of the Interior's Standards, the Delray Beach Design Guidelines, and Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, the structure should be relocated from the east elevation, in front of the structure and the rope bridge should be removed altogether. The structure should be razed or relocated to the far north or west side of the property ensuring that no architectural attributes of the front fa(;ade of the historic structure are in any way obscured or irreparably damaged. If the Board approves relocation, it should occur within 60 days, which appears to be an adequate time frame for revisions to be made to the plans and permits to be obtained. A. Continue with direction. B. Approve 2002-164-COA-HPB for an accessory structure at 610 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7)& (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A- 10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards subject to conditions. 610 N. Ocean Boulevard, tree house Individually Listed Property Page 5 C. Deny approval of 2002-164-COA-HPB for an accessory structure at 610 N. Ocean Blvd, the Fontaine Fox House, based on a failure to find positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7) & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-10, Policy A-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards with the basis stated. RECOMMENDATION Approve the COA for the accessory structure located on the property at 610 N. Ocean Boulevard based upon positive findings with respect to LDR Section 4.5.1(E)(4), (E)(7) & (E)(8)(a-k), the Delray Beach Design Guidelines, Objective A-10, Policy ^-10.1 of the Housing Element, and Objective C-1 of the Coastal Management Element in the City's Comprehensive Plan, and the Secretary of the Interior's Standards subject to the following condition: 1) That the accessory structure be relocated from the east elevation of the front fa~:ade of the extant historic structure to the north side of the property, or to the west elevation, behind the historic dwelling, within 60 days of the Board's approval. Attachments: Survey, Photos, Site Plan Report Prepared by: Wendy Shay, Historic Preservation Planner £1TY OF DEI. RflY BE;I£H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect Line: 561/243-7091 1993 DATE: October 23, 2002 MEMORANDUM TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Interlocal Agreement Between County, City, Library and CRA The Interlocal Agreement pertaining to the shared parking facility contains the following main points: Interlocal Aoreement between the County, City, Library and CRA Pertainin.q to Parking, etc. This agreement is a substitute for an existing Interlocal Agreement between the City, County and CRA related to the development and future expansion of the courthouse. This substitute and expanded Interlocal Agreement provides: 1. The County plans to expand the courthouse in three phases. Phase 1 includes the construction of parking and related improvements for joint use by the County and the Library on the east side of S.W. 2nd Avenue. Phase 2 includes the addition of 75,000 square feet to the courthouse and associated site work on the west side of 2nd Avenue. Phase 3 includes renovations to the current courthouse building. 2. The Library will start construction of the Library after the completion of the parking facilities to be constructed by the County no later than November 15, 2003. The County will permit the Library to use a portion of the parking facilities as a staging area. 3. The Library will pay for all costs in excess over the amount of $1,750 per County parking space minus the City contribution and CRA contribution. The County will pay for any changes made by the County to benefit the courthouse. 4. The CRA will pay $334,000 and the City will pay $200,000 so that the construction is done in a manner that makes future expansion possible. 5. The City will design, construct and maintain storm water facilities (except the County will pay for an underground filtration system). ~.,~ October 23, 2002 Page 2 6. The County will pay all water sewer connection charges. The City will pay for utility upgrades. 7. The City will process an abandonment of the north/south alleyway and other abandonments, including the east/west alleyway. Upon abandonment of the east/west alleyway, the City will convey the northern half to the County and then the County will convey the north and south halves (the entire alley) to the City subject to a reverter in the County. 8. The need for security will be addressed in accordance with the current policy which is the same as set forth in the current agreement. The City currently does not provide a full-time police officer. The County will provide for a contract security position upon occupancy of the courthouse expansion. 9. The City is to convey a temporary parking easement for contractor vehicles to the County and to the Library during construction, preferable within a two block area. 10.The Library and the County will be responsible for the operation and maintenance of the parking facilities. The Library is to pay the County 31% of all on-site operation and maintenance costs. 11.The City, County, Library and CRA shall be able to use the County spaces in the facility upon 30 days advance notice after normal parking hours. The County will review the request and will approve any fees desired to be charged. The fees for temporary use of the parking facilities will only be approved if they are of benefit to the City, County, or Library. 12.The term of the agreement is for 30 years and may be renewed for two additional 30 year terms. By copy to David Harden, City Manager, please place the Interlocal Agreement on the November 5, 2002 agenda for City Commission approval. Attachment CC: David T. Harden, City Manager Barbara Garito, City Clerk Diane Colonna, CRA Director John J. Callahan, III, Library Director Audrey Wolf, Director, P.B. County Facilities Development & Operations AGREEMENT This Agreement is made and entered into on between the Palm Beach County ("County"), a polmcal subdiws~on oFthe State of Florida, and the City of Delray Beach ("C~ty"), amt, nicipal corporation existing undcr thc laws of the State of'Florida, and the Deh'ay Beach Puhlic Library, ("Ltbrary'), a Florida Corporation Not for Profit with a tax id number of 59-0217683 and the Delray Beach Community Redevelopment Agency ("Agency"), an agency established pursuant to Florida Statute Section 163, Part III. WITNESSTH WHEREAS, the City, the Agency and County first entered into an interlocal agreement on August 12, 1986 (R86-1201), for the purpose of siting the South County Courthouse, which lnterlocal Agreement was subsequently amended twice on August 17, 1993 and January 14, 1997; and WHEREAS, pursuant to that lnterlocal Agreement the County constructed a courthouse and other governmental facilities and currently is planning an expansion to those fac~hties, and WHEREAS, the City and the Library wish to locate a new hbrary on the property adjacent to the County Courthouse (a property originally intended to be conveyed to the County), share parking between the library and the courthouse, and reserve the City's optmn to fund a future parking structure expansion on the County property for its needs; and WHEREAS, the Library and the County are agreeing to a development and funding plan for the shared facilities, and WHEREAS, the City has short and long term obligations toward the development of both the Library, as the owner of the Library property, and to the County pursuant to the Interlocal Agreement; and WHEREAS, this Agreement will terminate the original Interlocal Agreement, as amended, and incorporates various terms of that agreement into this Agreement. NOW THEREFORE, in conjunction with the mutual covenants, promises and representations contained herein, the parties hereto agree as follows. Section 1: Purpose 1.01 The purpose ofthts Agreement is to; 1) document the previous unsatisfied commitments of the Ctty, County and Agency which were contained in Agreement R86o 120 I, as amended, and 2) set forth the terms under which the County will design, construct, and operate parking Ltbrary/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 1 of 21 facilitIes on its property ~br usc by employees and visitors to the courthouse, County owned facilmes, and the proposed LIbrary. Exhibit I dep,cts all properties referenced in thIs Agreement. . Section 2: Definitions 2.01 Alley Property: The real property to be conveyed with a reverter m favor of the County, to the City, after abandonment and the City's conveyance of the northernmost half to the County, pursuant to Section 13.04 of this Agreement. 2.02 Construction Contract: A contract between the County and a general contractor registered in the State of Florida for the purpose of constructing the Courthouse- Phase I Project. 2.03 County's Architect: A firm or team of professional architects and engineers that have an agreement with the County for thc design of the South County Courthouse Expansion Project - Phases I, II, and III.. 2.04 Courthouse Expansion Project: The addition of up to 75,000 square feet of building, construcuon of parking on both the east and west sides of SW Second Avenue (from W Atlantic Ave to SW Is' St.), interior renovations and all other site work attendant to the expansion of the South County Courthouse in three phases. 2.05 Courthouse - Phase 1: The first construction phase of the Courthouse Expansion Project which includes the construction of the parking, and all attendant improvements to the property pertaining to the parking, for joint use by the County and the Library, on the east s~de of SW Second Ave. 2.06 Courthouse - Phase I Project Budget: The sum of funds received from the Library and the City pursuant to Section 6 as well the County's contribution to the construction costs. 2.07 Courthouse - Phase 2' The second construction phase of the Courthouse Expansion Project which includes the addition of up to 75,000 sfand associated site work on the west side of SW Second Avenue. 2.08 Courthouse - Phase 3: The third construction phase of the Courthouse Expansion Project which includes renovations to the existing Courthouse building. 2.09 Courthouse Property: The real property owned by the County at the time of execution of this Agreement, on east and west side of SW Second Avenue, south of Atlantic Ave. 2.10 Design Contract: A contract between the County and PGAL, Architects dated November 10, 2001 for the design and construcuon administration of the Courthouse Expansion Project. Library/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 2 of 21 2.11 2.12 Libra~'s Architect: A firm o,' team of pro~"ess~onal architects and engineers that have all agreement with the L~brary tbr the design of the L~brary Project. Library Design Amendment: The Consultant Services Authorization issued to the County's Arch,tect authorizing the scope of work associated with the design of shared use parking garage, surface parking fac~l,ties, and all attendant Improvements which is the fi,mncial responsibility of the Library for the Courthouse - Phase [ Project. 2.13 Libra~ Property: The real property owned by the City and leased to the Library pursuant to separate agreement, as well as the Alley Property to be conveyed to the Library pursuant to Section 13.04. 2.14 Parking Facilities: Ali improvements made to the Courthouse Property for joint use by the Library and County as part of thc Phase [ project. 2.15 Parking Master Plan: The conceptual program describing the improvements to be used as the basis for the design of tile Courthouse - Phase I project. 2.16 SPRAB: An advisory board of the City of Delray Beach with a formal name of Site Plan Review and Appearance Board Section 3: Master Plan for Parking Garage and Surface Parking 3.01 The County's Architect has prepared a master plan for a parking garage and surface parking on the Courthouse Property, a copy of which is attached to this Agreement as ExhzNt 2. The purpose of the Parking Master Plan is to identify the approximate number of spaces which will be constructed, the general configurauon of the parking, the height of the parking structure, setbacks from rights of way, number of disabled parking spaces, and location of elevators and stairwells. 3.02 The City Staff represents that it has reviewed the Parking Master Plan presented as Exhibit 2 to this Agreement and that Staff has thoroughly reviewed the plans as part of a SPRAB review and application process, supports the orientation and size of the garage, set backs, height, entrance/exit locations and number of spaces and is recommending that the waivers required by the City's land development regulations be granted. A copy of such recommendation is attached as Exhibit 3. The City acknowledges that StaWs recommendation and support of the waivers is a material consideratxon for the County and Library in entering into this Agreement and that it relied on such recommendation in determining the feasibility and cost of the Parking FaclliUes. The County and the Library understand that they must indiwdually pursue approval by the C~ty for thmr respective developments. Library/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 3 of 21 3.03 The Library agrees to reimburse the County up to $10,000 for the costs associated w~th the preparation of the Parking Master Plan, an effort which ,,vas undertaken prior to the execution of this Agreement. 3.04 The Library agrees to design and construct the l,brary in a manner consistent with the site plan attached as Exhibit 2 and assumptions per Exhibit 5 to this Agreement. To the extent that the Library desires to modify its site plan from that attached, all changes must be approved In writing by the County The County may not unreasonably withhold approval but reserves it right to reject any change which negatively impacts the Courthouse, Parking Facilities or comfort or aesthetics of courthouse employees and patrons when entering or exiting the Courthouse or Parking Facilities. Section 4: Design of Parking Garage and Surface Parking 4.01 The County's Architect shall pro,, tdc the County a fixed fee cost associated with tile design and construction administration of Courthouse Project - Phase I. The County's and the Library's Project Representative shall jointly negotiate the fee wtth tile County's Architect resulting in the County preparing a consultant services authorization which shall be known as the Library Design Amendment. The Library shall provide the County with a letter stating that it accepts the terms and conditions of the Library Destgn Amendment prior to the same being executed by the Board of County Commissioners for incorporation into the contract with the County's Architect. 4.02 The Library shall commit its approval of the Library Design Amendment to writing, at which time, the full fee of $94,000 shall be the responsibility of the Library. The Library shall reimburse the County upon completion of the work and receipt of an invoice for same. In the event that the City agrees to contribute funding toward the Library Design Amendment, the Library shall still be obligated to pay the County the full fee and the Library and City shall work out the terms and amount of the contribution toward the Library Design Amendment between themselves. 4.03 In the event that the Library requests a change which results in an increase in the amount of the Library Design Amendment, the County Project Representative shall request the County's Architect prepare an estimate of the design fees associated with the request as well as an estimate of the construction costs associated with the request. Based on this information, the Library wilt decide iftt desires to proceed and shall provide the County with a letter stating that it accepts the fees. The County will then amend the Library Design Amendment accordingly. 4.04 The Library and the County agree that the Parking Master Plan wilt be used as the basis for design of the Parking Facilities and that both the County and the Library will consider the design to be consistent with the Master Plan provided that the Library has 170 spaces allocated for its use, the design includes; 1) the number of elevators and stairwells in the Library/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 4 of 21 same general location as shown on the Master Plan, and 2) the same number and configuration of access points as are shown on the Master Plan. In the event that mo&fications, changes or deviations arc reqmred to the Items listed above, the County shall seek and secure the written approval of the Library. Approval of such modifications, changes or deviations shall not be unreasonably withheld and shall be made ~n a time frame which does not cause a delay in the County's Architect's prosecution of the Design Amendments or Design Contract. The County's Architect shall make every effort to provide as much notice as possible to the Library of the nature of'the modification, change and/or deviation where possible. The requirements to secure the Library's approval as well as the notice provisions of this Section will be included in the Library Design Amendment. 4.05 As required by the Design Contract, the County's Architect will provide separate periodic statements of probable costs associated with the work defined by the Library Design Amendment, as of that date. In the event that the statement of probable costs for the Courthouse - Phase I exceeds thc funds available in the Courthouse - Phase i Project Budget, 1) the County and the Library wdl agree to reduce the scope of work, or 2) the Library will agree to increase the budget. In the event that the Courthouse- Phase I budget Is to be increased, a written statement from the Library directing the County to proceed w~th the scope as currently stated, providing an affirmative acka~owledgment of the additional costs and directing the County to proceed, will be required. 4.06 The County will include in the design, under slab conduit for four pay stations on the ground level and two pay stations on the second and third level of the parking garage for future use. The cost of the pay stations, installation and/or service to the pay stations will be borne by the party who desires that the pay station be installed, by some other separate agreement that may be agreed upon at a later date for that specific purpose. In the event that pay stations are desired, the initiating party will request approval from the County demonstrating that the installation and use of same will not interfere or modify the use of the parking by Courthouse customers, which approval by the County shall not be unreasonably withheld. Section 5: Construction of Parking Garage and Surface Parking 5.01 The County shall procure construction services ~n accordance with applicable State and local procurement requirements. The form of the contract shall be a lump sum except where mutually agreed upon by the County and the Library. The Library acknowledges that the County prefers not to contract for any work on a unit price basis. 5.02 Upon receipt of the bids, the County shall make a recommendation for award of a construction contract to the lowest, responsive, responsible bidder. Concurrent with the notice of intent to award, the County shall provide L~brary with the costs of construction, plus a 5% contingency, tess a reduction for the County contribution to the construction costs pursuant to Section 6, and less $534,000. The Library shall then forward to the County, funds in an amount equal to the amount identified in the notice provided by the County and as L~brary/Ctty/CRA Agreement Last Update FINAL 2 10/22/02 [943 Page 5 of 21 5.03 5.04 5.05 5.06 described above. The Library i:unds received by the County shall be placed m an interest bearing account with thc ~nterest accruing to the contingency. Upon execution of the Construction Contract by the County, the County shall provide notice to the Library and the City. Dunng the course of construction, changes to the Construction Contract may be required. The cost of all construction changes, but for those which are initiated by the County, for the sole benefit of the Courthouse operation, will be 100% eligible for reimbursement from the 5% conungency funds transferred to the County to create the Courthouse - Phase I Project Budget. The County will be responsible for the total cost of any changes made for the sole benefit of the courthouse operations. 5.041 All funds required for changes will be from the Courthouse- Phase I Project Budget Contingency Line. 5.042 The County reserves the right to not pursue changes initiated by the Library for the sole benefit of the Library if such change, in the County's sole opinion, causes an unacceptable delay to the Courthouse- Phase I Project Schedule, causes a safety concern or is contrary to any existing regulatory approvals held by the County. The County and the County's Architect shall be responsible for ensuring that the Courthouse - Phase I Project is constructed according to the design documents. The County shall be responsible for following all State and local laws, ordinances and requirements for the procurement and administration of public works projects. 5.07 All contractors of the Library shall furnish, for the benefit of the County, City, CRA and Library, payment and performance bond equal to the cost of the improvements and in the form required under Sectton 255.05, Florida Statutes, The County shall also require contractors to furnish satisfactory evidence of statutory worker's compensation insurance, comprehensive general liability insurance comprehensive automobile insurance and physical damage insurance on a Builder's Risk form with the interest of the County, City, CRA and the Library endorsed thereon. 5.08 In order to provide adequate staging area for the construction of the Parking Faciliues, the L~brary agrees that it will not commence construction on the Library Property until after final completion of the Parking Facilities. After final completion of the Parking Facilities, the County agrees to allow the Library to use a portion of the Parking Facdities as a staging area for construction upon the Library Property. The portion of the Parking Facilities to be used as staging for construction on the Library Property and the condiuons of use are idenufied in Exhibit 6 to this Agreement. The ability to use a portion of the Parking Facilities for Library/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 6 of 21 staging shall expIre upon any party exercm~ng tts opuons pursuant to Sectmu l 1 of tlus Agreement. Section 6: Courthouse - Phase I Project Funding 6.01 The material consideration for thc County entering into this Agreement was that the Library agreed to pay all costs associated with the Parking Facilities beyond those xvhich the County would have expended to develop surface parking for the courthouse operations only. As such, the County agrees to pay $1,750 per parking space toward each space constructed in excess of 170. The remainder of the costs associated w~th the Courthouse - Phase I Construction will be borne by tile Ltbrary, less the $334,000 to be paid by the CRA, less $200,000 to be paid by the City for this specific purpose, pursuant to Secnon 9.13. 6 02 The Library recognizes that the estimate for the Courthouse Phase I Construction ~s in excess of $4,000,000 and has demonstrated that tt has, as of the date of this Agreement, sufficient funds for the total amount of the esttmate, less the County's contribution pursuant to this Section, in place to fund its port/on of the Courthouse - Phase [ Construct/on. 6.03 Within 30 days of the Library's receipt of the notice of' intent to award mentioned in Section 5.02, the L~brary shall provide the County with the total amount of the funds identified in the notice and authorize the County to proceed wIth construction. The sum of the funds recetved from the Library and the City pursuant to thts Section as well as the County's contribution to the construction costs will become the Courthouse - Phase I Project Budget. If the Library does not have the total amount of funds required, the Library must decide whether to either; I) reduce the scope of the project (deleted items must be approved by the County, which approval will not be unreasonably withheld), or 2) terminate the Agreement pursuant to Section 17.01. 6.04 The County shall reimburse the Library, any funds transferred to the County pursuant to Secuon 6.03 which remain after Final Acceptance and Final Payment of the Courthouse - Phase I Project and after the resolution of all claims by the Contractor, County Architect or third parties. 6.05 Each month after the commencement of constructton continuing d-trough the Final Acceptance as described in Section 6.04, the County shall provide the Library with copies of the contractor's pay application and a contract summary showing the amount prod, and any change orders authorized, and the status of the 5% contingency. The County shall provide the Library with a notice if the County believes that the Project will require funds beyond that in the contingencies. 6.06 After construction commences and in the event that the County requests a change in the Parking Facilities, the change wNch benefits solely the County; the County shall bear the total cost of the change. The cost of changes made necessary as a result of unforeseen Library/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 7 of 21 conditions, utility relocation, nnposluon ofcondluons of approval by the City, design errors or omissions, or any other change but for those specifically described in the first sentence of this subsection shall be borne by the Courthouse- Phase I ProJect Budget. Section 7: Ownership of Parking Facilities 7.01 All real and personal property shall be assets of the County, despite the Library's financial contribution to their design, construcuon, and/or purchase. Notwtthstanding the foregoing, the Library, City and Agency, its successors and assigned, shall be allowed to use same pursuant to the terms set forth in this Agreement. Section 8: Administrative Requirements of this Agreement 8.01 During the design and construcnot~ phases oftlus Agreement described in Sections 3 through 5, the Library shall be viewed as a County Department without creating habihty and shall be included in design reviews as are County Departments. In addition to those approvals specifically required by this Agreement, from ttme to time, the Library will be afforded the same reviews and approvals as other County department. 8.02 Within 15 days of the execution of this Agreement, the Library, City and County shall provide each other w~th the names, phone and fax numbers as well as e-mad addresses of each party's Project Representative. 8.03 Within 15 days of the execution of this Agreement, the Library is to provide the County with a list of persons/positions whmh are authorized to approve increases and/or decreases to the amount to be paid to the County pursuant to this Agreement. 8.04 Invoices to the Library and the City shall be in a form mutually agreed upon by the County, the City and the Library prior to submittal of the first invoice. 8.05 Upon receipt of any invoice, the Library and the City will immedzately review same and report any discrepancies to the County within 10 days of receipt. Payment will be due to the county within 30 days of receipt of the invoice, Payments shall be sent to: Facilities Development & Operations Fiscal Manager 3323 Belvedere Rd., Building 503 West Palm Beach, Fl. 33406 Attn: South County Courthouse Parking Agreement Ltbrary/City/CKA Agreement Last Update FINAL 2 10/22/02 1943 Page 8 of 21 Section 9: City Responsibilities and Obligations 9.01 The City agrees to initiate and complete the pro~;cssing of all necessary changes to tile City's Comprehensive Land Use Plan to make the proposed project consIstent and in conformtty w~th the Ctty's code of laws and ordinances. The County shall be reqmred to submtt the proposed project for development reviexv pt, rsuant to the City's normal review process. The City agrees to expedite the review of st, ch approvals. 9.02 9.03 9.04 9.05 The City has previously determined th.at the County can expand the South County Courthouse facihty by an additional 75,000 square feet and re-affirms its agreement that any site plan approvals, budding permit applications or other development approvals required for the expanston of the Courthouse and parking shall be reviewed based upon the Delray Beach Land Development Regulations and Code of Ordinances tn force as of January 14, 1997 to allow the County to develop its property pursuant to the 1997 regulations, if they are determined to be more favorable than those m effect at the t~me that the County actually submits for the necessary land development approvals. The City agrees to design, permit, construct and maintain storm water facilities to accommodate, off-site, any storm water of the Library Property and the Parking Facilities beyond that which the County's underground exfiltration system can accommodate, at no cost to the County nor the L~brary. The County's intent is to accommodate on-s~te storm water requirements to meet pretreatment water quality standards of the City and the SFWMD through an underground exfiltration system. The City represents and confirms that water, sewer and storm drainage facilities are available at the street, contiguous to the properties, and there ~s adequate capacity to service 150,000 square feet of the courthouse and/or other governmental facilities at no cost to the County. When utilities are available and present to the site, County agrees to pay all standard connection charges and user charges pursuant to current City pohcy. The City agrees to complete, at its sole cost, all utility relocation, upgrades or modifications necessary to support the 150,000 sfofcourthouse and/or governmental facilities prior to commencement of Phase I construction or no later than May 15, 2003. The part,es agree that such utihties shall be located within the SW 2nd Ave right of way, except where may be approved by the County. The County shall prowde the information pertaining to its requirements no later than December 1, 2002. The City represents and confirms that there currently extsts, or provisions have been made at no cost to the County for all required stacking and deceleration lanes and other roadway modifications to accommodate traffic associated with the development of the County property. Library/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 9 of 21 9.06 The City acknowledges that adequate stte lighting is necessary to enhance the safety and security of the individuals uul~zmg the s,te. The City agrees to permit s~te hghtmg, provided that such I~ghting shall comply w~th City codes and land development regulauons. 9.07 The City agrees to initiate and process the abandonment requested by the County fbr the Alley Property, the north south alley way, and any other alleyways not currently but which may exist within the Courthouse Property. Smd alleyways shall be conveyed to the County no later than Aprtl l", 2003, or tn the case of the unknown alleyways, within 120 days of the County's d~scovery of same and request to City. Such abandonment shall exclude such underground uUlity easements as the City shall require for ex~sting underground utihties, provided however, that m the event that the City receives notme fi'om the County that the County intends to construct a structure(s) on such abandoned rights of way where underground utilittes ex~st, the C,ty shall at its sole costs and expense, remove, relocate or abandon said underground utll,t~cg The C~ty shall provide the County with a marketable title insurance policy in an amount equal to the fair market value of the property subject to the abandonment at the time the abandonment is completed. The City shall bear the full cost of the processing all such abandonments. 9.08 If, tn the sole discretion of the Chief Judge of the Fifteenth Judicial Circuit, there is an apprehension of inadequate site security at the site, then upon written request of the CNef Judge, the City agrees to asstgn one full time police officer to the security of the s,te and immedmte surrounding areas, full time, extending from one hour before and contmmng until one hour after the normal business hours of the Courthouse, at no cost to the County. This security shall continue to be prov,ded by the City until such time that the Chief Judge is saUsfied from statistics or other documentation that the site is adequately secure without the specific assignment of such a patrol officer by the City. On June 3, 1999, the Chief Judge agreed to modified site security requirements for the C~ty in heu ora full time police officer, subject to continuous review and approval of the Chief Judge. The County agrees to provide a full time contract security position to the Courthouse site upon the occupancy of the Courthouse expansion. 9.09 The City agrees to grant the County, at no cost to the County, a temporary parking easement for contractor personal veNcles during Courthouse - Phase I construction. The locat~on of the easement shall be determined prior to the commencement of Phase I, however the City is aware that the preferred location is within two blocks of the site in order to minimize the likelihood of contractors parking in adjacent residential and unauthorized areas. 9.10 The City agrees to grant the County, at no cost to the County, a temporary parking easement for contractor personal vehicles during Courthouse - Phase III construction. The location of the easement shall be determmed prior to the commencement of Phase III, however, the City is aware that the preferred locatmn is within two blocks of the stte ~n order to minimize the likelihood of contractors parking in adjacent residenUal and unauthorized areas. Library/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 10 of 21 9. Il The City agrees to grant the Library, at no cost to the L~brary, a temporary parking easement for contractor personal vehicles dunng the construction of the L~brary. The locatton of the easement shall be determined prior to the commencement of construcuon of the Dbrary, however, the Ctty ~s aware that the preferred locauon ~s w~thin two blocks of the L~brary s~te in order to minimize the hkclihood of contractors parking tn adjacent restdential and unauthorized areas. 9.12 The County understands that the City is the owner of the Library Property and intends to lease with option to buy same to the Ltbrary pursuant to the ten-ns of ground lease agreement. The City agrees to ensure that the terms of its ground lease are conststent and in no way conflict with the terms, permitted uses or rights granted to the Ltbrary pursuant to this Agreement. In the event that there ts a disagreement between the terms of tNs Agreement and the ground lease agreement, the terms ofthts Agreement shall prevail. 9.13 In order to construct the Parking Factlitles m such a manner that a future expansion is possible without significant impact to the Courthouse and Ltbrary's operations, the City agrees to pay $200,000 and the CRA $334,000, toward the cost of construction of the Parking Facihties. The City and CRA shall provide such funds to the County within 30 days of receipt of invoice from the County. Such invoice will be sent to the C,ty and CRA only after the County having received a construction cost from the contractor of the Parking Facilities. Neither the County nor the Library shall have any obligation to re-pay the City or the CRA for these funds in the event that an expansion to the Parking Fac~l~ttes does not occur. All obligations and/or rights with respect to the parttes and expanston of the Parking Facilities are set forth Section 11 of this Agreement. Section 10: Operation and Maintenance of the Parking Garage and Surface Parking 10.01 The Parking Master Plan assumes non-exclusive use of all parking spaces by the County, Library and its employees and visitors, both the County and the Library agree hereby w~th that assumption. The County agrees that it will employ reasonable operational measures to direct ~ts employees to use the garage spaces, starttng at the top and working down. The Ltbrary agrees that it will employ reasonable operational measures to direct its employees to park in the southern most surface parking spaces. 10.02 The County shall be physically responsible for the operation and maintenance of the Parking Facilities and the Library shall annually pay the County 31% of all on-site operation and maintenance costs including capital renewal and replacement costs, utilmes, and security costs. 10.021 By April 1,t annually, the County shall submit an operations and maintenance budget to the Library for the next fiscal year. L,bravj/C~ty/CRA Agreement Last Update FINAL 2 I0/22/02 1943 Page 11 of 21 10.022 On November 1" annually, thc County shall invoice the Library tbr the entire amount due to the County for that fiscal year, commencing upon the occupancy of thc Library or October 1, 2004, whtchcvcr occurs first. 10.023 In the event that tile allocation of parking spaces to each party to this Agreement changes as a result of Section !1 of th~s Agreement, the pro rata share of the operating and maintenance costs described in this subsectton will be reallocated among the parties accordingly. 10.03 The County and the Library shall meet periodically to &scuss issues regarding the use, operations and maintenance of the Parking Facihties. The County and the L~brary both agree that no fee will be assessed to users of the Parking Faclhties. In the event that e~ther the Library or the County believes that there is a reason to consider the assessment of fees, this issue shall be brought up through the periodic meeting process described in this Section. Section 11: Options to Expand Parking Garage 11.01 In the event that the City chooses to expand the structured parking on the Courthouse Property, the City shall prowde notice to the County as well as all other parties to this Agreement at least one year tn advance of the desired construction commencement date. Such nottce shall not be delivered prior to the completion of the Courthouse Expanston Project and the construction of the Itbrary. Withtn 90 days of receipt of the notice, the County shall review the request and ~nitiate an amendment to this Agreement which ~ncludes the terms and conditions under which the expansion to the structured parking can proceed, which will at a minimum include; 1) the City agreeing to be responsible for all costs associated with the expansion, 2) the temporary parking accommodations to provide similar parking facilities for the library and courthouse operations, and 3) identifies the number of expansion spaces that the County chooses to fund for its use. If the County chooses to fund expansion spaces as part of a City initiated expansion, it shall reimburse the City an amount equal to the percentage of County expansion spaces multiplied by $334,000, as well as funding the cost of the County expansion spaces. The City acknowledges that the County and the Library provide parking at no charge to its respective patrons and employees, and the expansion of the Parking Facilities and subsequent use by others must provide for continued use of the Parking Facilities by the Courthouse and Library patrons and employees at no charge. Approval by the County, Agency and Library shall not be unreasonably withheld. 11.02 The County reserves the right to expand the parking structure at its cost any time after the completion of the Courthouse Expansion Project and the construction of the hbrary. If the County intends to expand the parking, it shall provide one year notice to the City and the Library and each shall be given 90 days to reply with whether it chooses to participate in the expansion. In the event ora County initiated expansion which the Ltbrary and/or City do not choose to participate in the expansion, the County shall be solely responstble for the costs Library/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 12 of 21 of the parking expansion and si'tall be responsible for providing temporary parking accommodations to provide s~milar parking facilities l'br the L~brary operauons. Section 12: Use of Parking Lots and Garage by City 12.01 The parking lot and garage constructed by the County, Library and City may be avm lable for use after normal business hours by the County, City, Library and/or the Agency pursuant to the Real Property Temporary Use Agreement to be entered into between the County and the City, Library or Agency administratively on the form attached as Exhibit 4. The requesting party shaIl'subm~t a letter requesUng use of the Parking Facilities to the County, no less than 30 days in advance of the date of event for which the request is being sought. The letter request shall include the dates and time of the proposed event, the name and purpose of the use, whether any fees (for those potential parkers other than L~brary patrons and Courthouse ws~tors and employees) are proposed for the use of the Parking Facihties, the amount of the proposed fee 0f apphcable), the name of the party who will benefit from the revenue collected, contact person information, as well as evidence of the required insurance. Based on the request, the County will prepare a Temporary Use Agreement for review by the Library and execution by the requesting party. Fees for temporary use of the Parking Factlities will only be approved if they are for the benefit of the County, the City, or the Library. The County and Library agree to not unreasonably withhold its consent for the City O' ' and/or the A~,ency s utilization of said parking. Section 13: Real Property Considerations 13.01 The County and the City agree that in the event that the County ever elects to dispose of its interest in any of the County's real property, the Agency, or the City if the Agency is dissolved, shall have the right of first refusal to acquire such real property from the County. Prior to taking any acuon to dispose of the property, the County shall offer the property to the Agency "as is" at a purchase price equal to the fmr market value of the improvements to the land made by the County (excluding land value). The County shall provide the Agency written nonce of ~ts intent to dispose of' such real property together with an appraisal as to the said improvement to the lands and the Agency shall have the first right of refusal as herein provided by providing the County written notice such election w~thin 45 calendar days of the receipt of such notice from the County. Failure of the County to receive written notice w~thin this time period, shall result in termination of the Agency's right of first refusal. In the event that the Agency elects not to purchase the property or fails to respond within the time period indicated above, the right of first refusal shall be provided to the City under the same terms as described above. In the event that the City chooses not to purchase the property, the right of first refusal shall be prowded to the Library under the same terms as described above. Library/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 13 of 21 13.02 Any sale or transfer of the County's interest in Courthouse Property on the east side of SW 2n'~ Avenue will be subject to the rights, use and terms of this Agreement. The use o f the L~brary Property shall be restricted to Il brary and customaO' anc il lary uses, as well as City or other legal uses which; 1) do not increase or modd'y the traffic and internal c~rculation patterns wtthm the garage or on rights of way adjacent to the Courthouse Property, and 2) do not jeopardize the County's tax-exempt bond restrictions. In the event that the hbrary is never constructed or that the lease between the City and the Library is terminated (except for termination of the lease in the event that the L~brary purchases the Ltbrary Property from tile City), the City may request that the Library Property be used for C~ty operations or leased to a non-City entity, providing that the proposed operation does not have add~uonal tmpacts on parking and internal circulation beyond that which was assumed for use by the Library, and such proposed use does not jeopardize the County's tax-exempt bond restrictions. Such approval qqall not be unreasonably withheld. 13.03 [fthe Library chooses not to construct upon the Library Property after the construction of the Parking Facilities, the County shall not be obligated to re-pay the Library for any monies provided to the County pursuant to this Agreement. The County's only obligation is make the parking spaces available to the CIty, its successors and assigned, under the same terms as defined in this Agreement. 13.04 The City shall take the necessary steps to abandon the east west alleyway between tile Library Property and the Parking Facilities, pursuant to the terms of Sectxon 9.07. Concurrent with the abandonment, the C~ty shall convey the northern most half of the alley~vay to the County. Upon receipt of the northernmost half of the alley, the County agrees to convey, by County deed, the entire alley ("Alley Property") to the City for incorporation into the Library Parcel subject to a reverter m favor of the County. The Alley Property shall revert to the County in the event that the property is used for purposes other than those allowed by this Agreement. Section 14: Indemnification 14.01 To the extent permitted by law, the parties to this Agreement shall indemnify, defend and hold the other party and their respective officers and employees harmless against any actions, claims or damages arising from that party's performance of thts Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the hmits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute an agreement by e~ther party to indemnify the other party for tts own negligence, willful or intentional acts. Section 15: Notices 15.01 Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail Return Recetpt Requested. The effective date of such notice shall be the date Library/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 14 of 21 of receipt, as evidenced by thc Return following. As to the County: Receipt. All Director, Facilities Development & Operations 3323 Belvedere Rd Bldg 503 West Palm Beach, FI. 33406 County Administrator 301 N. Olive Ave, Suite 1101 West Palm Beach, Fl. 33401 County Attorney 30l N. Olive Ave, Suite 601 West Palm Beach, Fl. 33401 As to the City: City of Delray Beach Office of City Manager 100 NW First Avenue Delray Beach, FI. 33444 As to the Library: Library Director Delray Beach Public Library 29 SE First Ave Delray Beach, Fl. 33483 As to the Agency: Office of the Executive Director Delray Beach Community Redevelopment Agency 104 Atlantic Ave Delray Beach, Fl. 33444 Robert Federspiel, Esq. 151 NW First Avenue Delray Beach, Fl. 33444 notices shall be addressed to the Library/Cay/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page I$ of 21 Section 16: Term of Agreement 16.01 The initial term of this Agreement ~s 30 ye~s and shall cornmence immediately upon execution of this Agreernent. The Agreement may be renewed ['br two addtuonal 30 year tem'~s thereafter. At least two years prior to the expirauon of the initial term, the Library and City shall advise the County of its request to renew the Agreement. Such Renewal Amendment will require approval of all parties and none of the parties may unreasonably withhold its approval of the Renewal Amendment. In the event that the City chooses not to participate in the renewal of this Agreement, the Library and the County may negotiate a mutually acceptable renewal agreement, but which will require the City to remain obligated for any outstanding or on-going obligations from the initial term. Section 17: Termination 17.01 In the event of a termination by thc Library pursuant to Section 4.01 or 5.02, the C~ty shall have 60 days to step into the role of the Library fbr the purposes of this Agreement in which case all rights and privileges of the Library with respect to the design, construction and use of the Parking Facilities will then be the City's. In the event that the C~ty chooses not to assume the responsibilities of the Library, the County shall be able to proceed with the design and construction ora surface parking facility for the Courthouse facilities only and shall have no further obligation to provide parking on its property, ~n any manner whatsoever for the future development of the Library Property by the City. 17.02 In the event of a termination of the Library's participation in this Agreement pursuant to Section 4.01 and regardless of whether the City assumes the obligations of the Library pursuant to Section 17.01; all requirements, obligations, rights and privileges of the County, City, and Agency continue. 17.03 Upon execution of the construction contract for Courthouse - Phase I, none of the parties shall have the ability to terminate this Agreement. Section 18: Amendments to this Agreement 18.01 This Agreement may be amended from time to t~me by written amendment by all parties. Section 19: Applicable Law 19.01 This Agreement shall be governed by the laws of the State of Florida. Section 20: Filing 20.01 A copy of this Agreement shall be filed by the County with the Clerk of the Circuit Court tn and for Palm Beach County. L~brary/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 16 of 21 Section 21: Entire Agreement Th~s Agreement and any attachments attachcd-hcreto and tbrming a part thereof as if fully set tbrth herein, constItute all agreements, condittons and understandings between the County, City, Agency and L~brary. All representations, rather oral or written, shall be deemed to be merged into this Agreement, except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon the county or City unless reduced to writing and signed by them. Section 22: Delegation of Duty 22.01 Nothtng contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of County or City officers. Section 23: Annual Budget Appropriations 23.01 The County's and City's obligations to pay pursuant to this Agreement are contingent upon the annual appropriation for this purpose by the Board of County Commissioners and the Delray Beach City Commission. In the event that the C~ty or County exercises its rights under this Section of the Agreement after the construction of the Parkmg Facilities, the Library retains the rtghts to use the Parking Facilitms. Section 24: Time is of the Essence 24.01 Time is of the essence with respect to the performance of each and every provision of this Agreement where a time is spectfied for performance. Section 25: Assignment 25.01 None of the parties to thts Agreement shall assign this Agreement or any interest herein without the prior written consent of the other parties. Section 26: Default 26.01 In the event any party fails or refuses to perform any term, covenant or condition of this Agreement, the same shall constitute a default hereunder, and the non-defaulting parties shall, tn addttion to any other remedies provided at law or in equity, have the right of specific performance thereof. Section 27: Invalidity of Clauses 27.01 The invalidity of any portion, section, paragraph, provision, clause or any portion of this Agreement shall have no effect upon the validtty of any other part or portion hereof. Library/Ctty/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 17 of 21 S¢cnon 28: Effective Date of Agreement 28.01 TI'us Agreement is expressly contingent upon the approval of the Pahn Beach Cotmty Board of County Commissioners and shall become effective only when stgned by all parnes and approved by the Palm Beach County Board of County Cornm~ss~oncrs. Section 29: Ternfination of Previous Agreements 29.0 ! Upon approval ofth~s Agreement by the Board of County Commissioners, Agreement R86- 1201, as amended ts terminated. Secnon 30: Non Public Forum 30.01 The Courthouse Property (which includes the Parking Facilities) are designated as non-public forums and as such, expresswe ac~vlties such as, but not lizmted to protests, petitioning, soliciting, leafleting, campmgning, exhibltmns, displays are subject to approval by the County pursuant to its adopted policies. The L~brary agrees that ~t will comply with the County's policy for expressive actwmes which may be considered for the Parking Facilities. iN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written. ATTEST: DOROTHY H. WILKEN, CLERK PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Warren H. Newell, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney APPROVED AS TO TERMS AND CONDITIONS By: D~r. Facilities Dev & Ops Library/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 18 of 21 ATTEST: CITY OF DELRAY BEACtl By: City Clerk By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Printed Name of Mayor By: City Attorney Library/C~ty/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 19 of 21 ATTEST: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Witness By: Chairman By: Witness By: Printed Name of Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Agency Attomey L~brary/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 20 of 21 ATTEST: DELRAY BEACH PUBLIC LIBRARY By: Witness By: Witness APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Attorney for the Library By: By: Chairman Printed Name of Chairman L~brary/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 21 of 21 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/~(~ AGENDA ITEM # ~ - REGULAR MEETING OF NOVEMBER 5, 2002 FUNDING REQUEST/PERFECT RESULTS, INC. NOVEMBER 1, 2002 Attached is a letter from Perfect Results, Inc. requesting financial support in the amount of $10,000.00 from the City of Delray Beach to assist with the C. Spencer Pompey Tribute Video. The video is partially sponsored by Palm Beach County Commissioner Addle L. Greene and premiered on February 23, 2002. On December 11, 2001, the Commission agreed to advance $15,000 to Perfect Results for the production of this video to be repaid from Palm Beach County through Commissioner Addie Greene's office. I have asked Ms. Tolliver to provide a detailed expense budget for this project, and show how the City funds requested would be used. She expects to have that to us for distribution on Monday evening. At this time, barely one month into the new budget year, the Commission has $6,500 in your Grants- Contingencies line item. Anything above that amount would have to come from the City Manager's contingency account. Recommend consideration of the request from Perfect Results, Inc. for the C. Spencer Pompey Tribute Video. S:\City Clerk\chevelle folder\agenda memos\Funchng Request PeffectResults 11.5 02 MelTiO To: From: ¢¢: Re: Commi i David Harden November 4, 2002 Perfect Results Funding Request Attached is the additional information I received from Perfect Results today. It still does not contain the detailed expense budget I recommend you review in considering whether to grant this request, either in whole or in part. I have sent Ms. Tolliver some examples of budgets supplied to us for other events, but we have been unable to reach her today to see if she could supply what I am asking for. If the Commission wishes to consider granting some funds for this project, I recommend that this request be tabled until November 19 to allow time for the applicant to supply a detailed expense budget. PERFECT RESULTS, INC. November l~t, 2002 David T. Harden City Manager City of Delray Beach 100 Nh, Z/1 ~t Avenue Delray Beach, Fl 33444 RECEIVED NOV CITy MANAGER Dear Mr. Harden, I am forwarding to you the additional budget information that you requested. The new information has detailed descriptions of each category that is included in our budget request. I have also included the previously submitted document - ITEM A. It provides an overview of our request at a glance. A special thanks to you and your staff for the follow up that has allowed our request to be placed on the agenda for consideration. I am very grateful and proud of the support that we received from our city oftieials for the February 23fa, 2002 event honoring C. Spencer Pompey. I am looking forward to having each of you participate in our upcoming events for February 2003. Thanks again for your continued support. P.O. BOX 6335 Delray Beach, Florida 33482 Perfect Results, Inc. Phone: (561) 278.,.3577 Fax: (561)-266-9866 ._! ITEM A Request for Funding Submitted: September 27th, 2002 Contact: Jane Bassa Tolliver (561) 278-3577 C. Spencer Pompey Video Tribute Sponsorship Benefits The City of Delray Beach will receive full screen chyron and logo recognition at the open and close of the video. The City will receive co-sponsorship recognition for the video," C. Spencer Pompey Commemorating a Legend". The City will receive print recognition on all materials that promote the video product. The City will receive verbal recognition during aH promotional interviews that serve as marketing outlets for the C. Spencer Pompey video and community events. To include: Radio and other electronic media. The City will serve as co-sponsor of (3) community screenings of the video in February of 2003. Possible locations: ( Delray Beach Library, Carver Middle School and an additional location, TBA) The added value includes: , Sponsorship of the companion information booklet (1500) booklets will be published. Membership to the C. Spencer Pompey Society of Excellence. Amount Requested: $10,000.00 Thanks for your consideration. City Of Delray Beach FUNDING REQUEST November 1~, 2002 Submitted by: Perfect Results, Inc. Contact: Jane Bassa Tolliver (561) 278-3577 AMOUNT REQUESTED: $t0,000 The items represented in this funding request include all events, products and services to be sponsored by the City of Delray Beach. The City of Delray Beach Ail-America Package · Co-sponsorship of the video" C. Spencer Pompey Commemorating A Legend" AMOUNT: $5,000 The City will receive logo placement and a full screen chyron open at the open and close of the video. Print recognition on all materials that promote the video. Co- sponsorship recognition on PBS stations WXEL 42 and WLRN 17 · Co-sponsorship of (3) community recmptions / video screenings AMOUNT: $3,000 Locations: 1. 2. 3. Delray Beach Library Carver Middle School Old School Square Please note: Atlantic High School is being considered as a 4th location. The tentative dates are in February of 2003. Print recognition will be given on all flyers, press releases and school newsletters that promote the video screening / receptions. Page 2 FUNDING REQUEST November 1~, 2002 Submitted by: Perfect Results, Inc. Contact: Jane Bassa Tolliver (561) 278-3577 Co-sponsorship of the C. Spencer Pompey Photographic Exhibit AMOUNT: $1,000 This exhibit comaining various photographs of C. Spencer Pompey will be featured on display during the special video screenings. The City of Delray Beach will receive logo placement and print sponsorship recognition on the exhibit Sponsorship of #200 copies of the video" C. Spencer Pompey Commemorating a Legend" AMOUNT: $1,000 (200) complimenta~ copies of the video will be given away during each of the three community events. The city will receive sponsorship recognition on the sleeve (box) of each complimentary video. SAMPLE LABEL INFO: This complimentary copy of the "C. Spencer Pompey Commemorating A Legend" is sponsored by: The City of Deiray Beach KNOWLEDGE IS POWER Page 3 FUNDING REQUEST November 1~, 2002 Submitted by: Perfect Results, Inc. Contact: Jane Bassa Tolliver (561) 278-3577 BONUS OFFER The City of Delray Beach will receive two full complimentary ads. The ads may be used as fifll page (81/2 X 11) promotions or a personalized message. NO CHARGE. The City of Delray Beach will receive a one year corporate membership for the C. Spencer Pompey Society of Excellence (membership is effective April, 2003) This Society is currently being organized. It will mentor youth in Palm Beach County. The goal of the program is to encourage youth to succeed by exposing them to real life success stories through positive imaging, positive experiences and positive role models. NO CHARGE. Special Request: We would greatly appreciate it if the Mayor, elected officials and city staff will join us for the presentation during our community video screenings. Confirmed dates TBA. Thank you for your consideration. C 1 I I ! September 27th, 2002 David Harden City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, F1 33444 PERFECT RESULTS, INC. RECEIVED SEP 2 7 200Z CiTY MANAGER I I I I I I L_ Dear Mr. Harden, I am writing to request funding from the City of Delray Beach to co-sponsor our C. Spencer Pompey tribute video. The video is partially sponsored by Commissioner Addie L. Greene. The video's premiere was on February 23rd, 2002. It introduced the documentary to the residents of Delray Beach and Palm Beach County. Commissioner Jon Levinson has probably shared the wonderful news that on September 18th, the Palm Beach County School Board voted to edit Mr. Pompey's manuscript for his book. The book will be published some time in the near future. Once we receive co-sponsorship for the video, we will distribute copies throughout libraries, public schools and private schools in the State of Florida. Copies of the video will also be made available to local organizations, Our video, C. Spencer Pompey Commemorating a Legend is filled with the rich and vibrant history of his illustrious life. The many contributions that he made in the City of Delray Beach have been invaluable to the community. We are adding credits and sponsorship listings immediately. Please respond to our request at your earliest convenience. I may be reached at (561) 278-3577. Thank you for your continued support. P.O. BOX 6335 Delray Beach, Florida 33482 Sincerely, Tolliver Perfect Results, Inc. Phone: (561) 278-3577 Fax: (561)-266-9866 I ITEM A Request for Funding Submitted: September 27th, 2002 Contact: Jane Bassa Tolliver (561) 278-3577 C. Spencer Pompey Video Tribute Sponsorship Benefits The City of Delray Beach will receive full screen chyron and logo recognition at the open and close of the video. The City will receive co-sponsorship recognition for the video," C. Spencer Pompey Commemorating a Legend". The City will receive print recognition on all materials that promote the video product. The City will receive verbal recognition during all promotional interviews that serve as marketing outlets for the C. Spencer Pompey video and community events. To include: Radio and other electronic media. The City will serve as co-sponsor of (3) community screenings of the video in February of 2003. Possible locations: ( Delray Beach Library, Carver Middle School and an additional location, TBA) The added value includes: · Sponsorship of the companion information booklet (1500) booklets will be published. · Membership to the C. Spencer Pompey Society of Excellence. Amount Requested: $10,000.00 Thanks for your consideration. ITEM B C. Spencer Pompey Video Project September 27th, 2002 Video Length: 45 minutes Video Production Budget Items Editing Video Taping Script Writing Archival footage / photographs Graphic / Chyron design Interviews Scheduling Tape Logging Research Archival video research (License agreement with Wolfson Archives) Consulting Reception (February 23, 2002 at Pompey Park, Delray Beach) Event Planning ( Reception held on February 23, 2002) Total Budget: $35,000.00 Please Note: The amount of $15,000 was contributed by Palm Beach County Commissioner Addie L. Greene. TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, Cl'l'~, MANAG~ PAUL DORLING, DIRECTOR OF PLANNING AND~-~NING MICHELLE HOYLAND, SENIOR PLANNER ~~J~ ~~,.-- MEETING OF NOVEMBER 5, 2002 CONSIDERATION OF A REQUEST TO ESTABLISH A BANK WITH A DRIVE THROUGH FACILITY FOR A PROJECT TO BE KNOWN AS GULFSTREAM BUSINESS BANK AT ATLANTIC PLAZA~ LOCATED AT THE NORTHEAST CORNER OF EAST ATLANTIC AVENUE AND NE 7TM AVENUE The request is to establish a bank (Gulfstream Business Bank) in an existing office building and to utilize an existing remote drive-thru facility both located within Atlantic Plaza. The remote facility has been vacant since Great Western Bank left the site in 1996. The use falls within the category of Financial Institutions, e.g., banks and similar institutions including drive through facilities, and requires conditional use approval pursuant to LDR Section 4.4.13(D)(6). The business will occupy 2,125 sq.ft, within Suite Al00 on the ground floor of Building A (existing office building), which is located at the north end of the plaza. There is a separate 292 sq. ft., three lane, remote drive through facility located at the northwest corner of the property which will also be utilized by the bank. Business hours will be 8:30 am to 5:00 pm Monday - Friday. There will be eight (8) employees. The existing suite was formerly occupied by professional offices and at one time the financial institution known as Great Western Bank. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of October 21, 2002, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the Conditional Use request. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend approval of the Conditional Use request to establish a bank with remote drive through facility for Gulfstream Business Bank at Atlantic Plaza, 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 condition of approval: 1. That the eight parking spaces immediately adjacent to the stacking lanes for the drive-thru be designated as employee spaces. By motion, approve the Conditional Use request to establish a bank (Gulfstream Business Bank) in an existing office building and to utilize an existing remote drive-thru facility both located within Atlantic Plaza, 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 October 21, 2002 vl~ PLANNIN AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: October 21, 2002 IV.A. Conditional Use Request to Allow the Establishment of a Bank With Drive-Through Facility for Gulfstream Business Bank at Atlantic Plaza. (Quasi-Judicial Hearing) GENERAL DATA: Owner/Applicant ......................... CDR Atlantic Plaza, LTD. Agent .......................................... James W. Knight Location ...................................... Located at the northeast comer of East Atlantic Avenue and NE 7t' Avenue. Property Size .............................. 4.24 Acres Future Land Use Map ................ CC (Commercial Core) Current Zoning ............................ CBD (Central Business District) Adjacent Zoning ................ North: RM (Multiple Family Residential- Medium Density) & CF (Community Facilities) East: OSR (Open Space & Recreation) South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use ...................... Retail/Commerce Plaza Proposed Land Use .................... Conditional use request to allow the establishment of a bank with drive-through facility. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. N.E 1ST __ _.. _.. ~ __ i ATLANTIC AVE. IV.A. The action before the Board is that of making a recommendation to the City Commission on a request for Conditional Use approval to establish a bank with a drive through facility for a project to be known as Gulfstream Business Bank at Atlantic Plaza, pursuant to LDR Section 2.4.5(E). The subject property is located at the northeast comer of E. Atlantic Avenue and NE 7th Avenue within the Atlantic Plaza shopping center (777 E. Atlantic Avenue). The Atlantic Plaza site plan was approved in 1984 with a total building area of 80,000 square feet which included a drive-thru facility for the former Great Western Bank. Since the original approval several minor modifications have been made to the site, which include the following. On October 21, 1998, the SPRAB (Site Plan Review and Appearance Board)approved a Class III site plan modification to allow a 1,200 sq. ft. expansion of the existing Gulfstream Drycleaners. At its November 2, 1999 meeting the City Commission approved a temporary use permit for the Republic Security Bank temporary trailer and SPRAB approved the related Class II site plan modification on November 3, 1999. II II The request is to establish a bank (Gulfstream Business Bank) in the existing office building and to utilize the remote drive-thru facility at the northwest corner of the site. The remote facility has been vacant since Great Western Bank left the site in 1996. The use falls within the category of Financial Institutions, e.g., banks and similar institutions including drive through facilities, and requires conditional use approval pursuant to LDR Section 4.4.13(D)(6). The business will occupy 2,125 sq.ft, within Suite Al00 on the ground floor of Building A (existing office building), which is located at the north end of the plaza. There is a separate 292 sq. ft., three lane, remote drive through facility located at the northwest corner of the property which will also be utilized by the bank. Business hours will be 8:30 am to 5:00 pm Monday - Friday. There will be eight (8) employees. The existing suite was formerly occupied by professional offices and at one time the financial institution known as Great Western Bank. Planning and Zoning Board Staff ~-~3ort Conditional Use Approval- Gulfst, cam Business Bank Page 2 REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These' findings relate 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 District). The zoning district is consistent with the Commercial Core Future Land Use Map designation and "bank with drive-thru facilities" is listed as a Conditional Use in the CBD district [LDR Section 4.4.13 (D)(6)]. 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. The proposal is to occupy a vacant suite within an existing office complex/shopping plaza and a related remote drive-thru building within the commercial plaza. Adequate water and sewer services, as well as drainage retention areas, were provided with development of the plaza and are existing on-site. The proposed use will not have an impact on the City's ability to provide adequate levels of service (i.e. water, sewer, drainage, solid waste, and parks and recreation facilities). With respect to traffic concurrency, a traffic study was submitted projecting that the conversion of the 2,125 sq.ft, office to a financial institution will have a net increase in trip generation of 167 trips per day compared to the previous office use (51 average daily trips). The development proposal is located within the TCEA (Transportation Concurrency Exception Area), which encompasses the CBD (Central Business District), CBD-RC (Central Business District- Railroad Corridor), OSSHAD (Old School Square Histodc 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. Based upon the above, a positive finding can be made with respect to concurrency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Planning and Zoning Board Staff "-"3ort ~'~ Conditional Use Approval - Gulfsz, ~am Business Bank Page 3 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 no applicable objectives or policies were found. 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; Nor that it will hinder development or redevelopment of nearby properties. The proposed use will occupy an existing vacant suite which is internal to the Atlantic Plaza shopping/office plaza and a remote drive-thru facility located at the northwest corner of the site. Drive-thru facilities in the CBD (Central Business District) are a concern and conflicts with the City's efforts to provide a pedestrian friendly downtown, which was reinforced with the adoption of the Downtown Master Plan. Further, office uses are not encouraged along the street front facades as they create "holes" in the retail fabric of the street. Therefore, through the conditional use process, the location and design can be better regulated to ensure that the drive-thru facility does not disrupt the pedestrian flow. The bank facility will be located on the first floor of the multi-story office building at the north end of the plaza and the drive-thru is at the northwest comer of the property. Given this facilities location the primary concerns with respect to disruption of the pedestrian flow is not impacted. This proposal will not have a detrimental effect on the stability of the neighborhood, nor will it hinder development or redevelopment of nearby properties. It is noted that, while the shopping center currently has a large vacancy rate (34%), the use may help to attract other businesses into the plaza, which has had difficulty attracting tenants to occupy the large number of vacant bays. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which has been reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following has been noted. Parkinq Rec~uirements: LDR Section 4.4.13(G)(1)(a) states that parking must be provided in this portion of the CBD at a rate of 1 space per 300 square feet of new nonresidential floor area. With the Planning and Zoning Board Staff'-"bort ~'~ Conditional Use Approval- Gulfst,~am Business Bank Page 4 conversion of an existing office to a financial intuition additional parking is not required. It is noted that a total of 265 spaces are required for the existing development and 274 exist. Stackin.q Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(2), provisions must be made to provide for 100' of clear stacking from the first point of transaction for each lane of a drive-thru facility. While approximately 100' of stacking exists for the drive-thru, the lanes are immediately adjacent to eight parking spaces and conflicts may occur. It is noted that the Gulfstream Business Bank is not a retail bank facility where there are large numbers of customers, such as Washington Mutual Bank or First Union Bank. To ensure that the conflicts are minimized it would be appropriate to have the eight adjacent parking spaces designated as employee parking spaces. This item is attached as a condition of approval. Community Redevelopment Agency (CRA) The CRA reviewed the conditional use request at its meeting of September 26, 2002, and recommended approval of the project. Downtown Development Agency (DDA): The DDA reviewed the conditional use request at its meeting of October 16, 2002 and recommended approval. 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, which have requested notice of developments in their areas: > PROD > President's Council :> Delray Beach Chamber of Commerce Planning and Zoning Board Staff'~"3ort Conditional Use Approval - GulfsL,,~am Business Bank Page 5 II II The proposed conditional use is for the establishment of a bank with attendant drive- thru facility. The bank is to be located on a site which currently contains an existing drive-thru component previously occupied by other banks that have existed in this plaza. There are no compatibility issues noted with this development proposal. Location of a financial institution on this property allows for the re-use of a vacant remote drive-thru facility. There is adequate parking in the vicinity of this bay to accommodate parking demands of this facility as well as adjacent businesses. 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 of the proposed use with surrounding properties. Continue with direction and concurrence. Recommend approval of the request for Conditional Use approval for Gulfstream Business Bank, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the Conditional Use approval for Gulfstream Business Bank, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Recommend approval of the request for Conditional Use approval for Gulfstream Business Bank, to establish a bank with drive-thru 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 condition: 1. That the eight parking spaces immediately adjacent to the stacking lanes for the drive-thru be designated as employee spaces. Attachments: Location Map Floor Plan Sketch Plan N E 1ST 3RD 2ND "I- ATLANTIC 1ST ST. [] I I VETERANS , / LOWRY DELRA Y SUMMIT CONDO BARR TERRA CE CONDO AVENUE BAR ~I~' OJv D~£RA~' B~PA~B' DIGITAL BASE-MAPPING SYb-'I'EM --- i ---- L£~,~ND -- GULFSTREAMBANK AT ATLANTIC PLAZA (777 E. ATLANTIC AVENUE) ~ $,UBJ.ECT AREAS ~' tl~ '~_ P,~.7-.A BOUNDARIES SUPPLEMENTAL INFORMATION PCN# 12--43-46-16-84-001-O000 APPROX ACREAGE 4.24 ZONING CBD (CENTRAL BUSINESS DISTRICT) FLUM' CC (COMMERCIAL CORE) MAP REF LM657 j 5 5 m ~ ~rrrrrruTrrrrr~ ~_!_LLLLLLI~ ~ trrrn-rr~-rrrrrr~ ~_L!_Lf_LL - _ 1 C,,!,T¥ CO~'MMIS$1ON,'DOCUM'EN¥~ION ....... TO: THRU: FROM: SUBJECT: DAVID T. HARDEN~q'Y I~I~G_ F_.~R PAUL DORLING, DIRECTOR'Ir'~ ~~OFPLJ~NNING AND~ __ JEFFREY A. COSTELLO, PRINCIPAL PLANNE~''r'''''- - MEETING OF NOVEMBER 5, 2002 CONDITIONAL USE REQUEST TO ESTABLISH A LATE NIGHT BUSINESS FOR SAZERAC BISTRO & MARTINI BAR WITHIN LAKE IDA PLAZA LOCATED AT THE SOUTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD. Pursuant to the Land Development Regulations, a late night business is defined as any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail store, grocery store, laundromat or similar use which is or will, at any time during a calendar year, be open for business at any time between the hours of 12 midnight and 5 a.m. In addition, LDR Section 4.3.3(W)(2)(a)(Conditional Use) states that any late night business located or proposed to be located within a three hundred foot (300') straight line route from any residentially-zoned property shall obtain a conditional use permit from the City for the operation of such use. Sazerac Bistro and Martini Bar is described as an upscale seafood restaurant, which wishes to occupy the 2,357 sq.ft, bay at the southwest corner of Lake Ida Plaza, formerly occupied by the China Doll Restaurant. The hours of operation will be 3:30 p.m. until 2:00 a.m. for dinner and late night dining. As the business will be open until 2:00 a.m. and the property is located within 300' of residentially-zoned property, conditional use approval must be obtained. There will be 15-20 employees and a seating capacity of 152 persons. There will not be live music, however there will be a music system interior to the bay. As the structure and all attendant facilities (parking, drainage, utilities, etc.) are currently in place, no improvements are proposed with the petition, however the provision of additional lighting and security measures are listed as conditions of approval. A complete analysis is found in the attached Planning and Zoning Board staff report. P L a N N I N G ,/A N D. Z O~!i'N G ~!O AR D C d ~//S.! D~iiRiA t I"O~'i~~ .... At its meeting of October 21, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. There were no comments from the public. After reviewing the request, the Board unanimously voted (6-0, Woehlkens absent) to recommend to the City Commission approval of the conditional use request based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(W)(2)(c) (Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to the following conditions: 1. That additional lighting is provided beneath the colonnade, breezeway and within the adjacent parking area in compliance with the illumination standards of LDR Section 4.6.8; 2. That additional security measures such as monitored cameras and surveillance cameras be installed both internal and external to the bay; and, 3. That if the business operation is modified to provide a night/dance club and live music, a conditional use modification must be approved. Approve the conditional use request to establish a late night business for Sazerac Bistro & Martini Bar based upon the findings and recommendations of the Planning and Zoning Board. q ~, / Attachment: P&Z Staff Report of October 21, 2002 PLANNING AND ZONING BOARD CITY OF DELi;LAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: October 21, 2002 IV.B. Conditional Use Request to Allow the Establishment of a 24-Hour or Late Night Business Located Within 300 Feet of Residentially-Zoned Property For Sazerac Bistro & Martini Bar at Lake Ida Plaza, Located at the Southwest Corner of Lake Ida Road and Congress Avenue. (Quasi-Judicial Hearing) GENERAL DATA: Owner ......................................... MDN Lake Ida, Inc. Applicant/Agent ........................... Michael McArtor Location ...................................... Southwest Corner of Lake ida Road and Congress Avenue. Property S~ze .............................. 8.35 Acres Future Land Use Map ................ GC (General Commercial) Current Zoning ............................ PC (Planned Commercial) Adjacent Zoning ................ North: PRD (Planned Residential Development) & CF (Community Facilities) East: PCC (Planned Commerce Center) South: RM-8 (Multiple Family Residential- Medium Density) West: RM-8 (Multiple Family Residential - Medium Density) Existing Land Use ...................... Restaurant Proposed Land Use .................... Conditional Use request to establishment a 24-hour ot late night business (Sazerac Bistro & Martini Bar) within Lake Ida Plaza. Water Servise ............................. Existing on site. Sewer Service ............................. Existing on site. IV.B. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a 24-hour or late night business (Sazerac Bistro & Martini Bar), pursuant to Section 2.4.5(E). The subject bay is at the southwest comer of Lake Ida Plaza, which is located at the southwest corner of Congress Avenue and Lake Ida Road. The proposal involves Lake Ida Plaza, which was annexed into the City in 1988 via Ordinance 125-88 and zoned GC (General Commercial). With the Citywide rezonings associated with the adoption of the Land Development Regulations in October 1990, the property was rezoned to PC (Planned Commercial). The following are the most recent land use actions relating to the subject property. At its meeting of September 23, 1997, the City Commission approved a Conditional Use request to establish a day care center in three of the bays located south of and adjacent to the former Winn Dixie bay (now Shootersville and House of Appliances). The associated non-impacting site plan modification (Class I) was approved administratively. An outdoor dining area was approved by SPRAB within the sidewalk adjacent to Black Sheep Irish Pub and Eatery (fka Colucci's Attic Restaurant) at its meeting on January 7, 1998. The site plan for Lake Ida Plaza was modified on March 19, 1998 to allow the construction of a trash compactor at the southwest corner of the property and to relocate the freestanding plaza identification signage. At its meeting of February 2, 1999, the City Commission approved a conditional use request to establish an 11,000 square foot billiard center (Shootersville) within a portion of Lake Ida Plaza formerly occupied by the Winn Dixie grocery store (25,600 sq.ft.). At its meeting of August 6, 2002, the City Commission approved a Conditional Use request to establish a 100 student private school for Paladin Academy at Lake Ida Plaza. The approval was for the conversion of 6,153 square feet of commercial tenant space at the northwest corner of the plaza to a school facility together with the installation of 5,500 square feet of outdoor play area. On August 14, 2002, the Site Plan Review and Appearance Board approved the associated site plan modification. The proposal is to establish a "24-hour or late night business" within a bay at the southwest corner of Lake Ida Plaza and is now before the Board for action. Pursuant to the Land Development Regulations, a 24-hour or late night business is defined as any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail store, grocery store, laundromat or similar use which is or will, at any time during a calendar year, be open for business at any time between the hours Planning & Zoning Board Staff Report Conditional Use Request for a 24-Hour or Late Night Business (Sazerac Restaurant & Martini Bar) Page 2 of 12 midnight and 5 a.m. In addition, LDR Section 4.3.3(W)(2)(a)(Conditional Use) states that any 24-Hour or late night business located or proposed to be located within a three hundred foot (300') straight line route from any residentially-zoned property shall obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24-Hour or late night business is or will be located to the nearest point of a residentially-zoned property. Sazerac Bistro and Martini Bar is described by the applicant as an upscale seafood restaurant. The hours of operation will be 3:30 p.m. until 2:00 a.m. for dinner and late night dining. As the business will be open until 2:00 a.m. and the property is located within 300' of residentially-zoned property, conditional use approval must be obtained. The restaurant will occupy the 2,357 sq.ft, bay at the southwest corner of Lake Ida Plaza, formedy occupied by the China Doll Restaurant, which was not open past 12 midnight. There will be 15-20 employees and a seating capacity of 152 persons. There is an existing alarm system with motion detectors as well as a web camera system for the subject bay. Additional security measures such as monitored cameras and surveillance cameras will be installed. Outside lighting exists and the restaurant has a policy for employees to leave with a second person and are given instructions on what to do if accosted. The will not be live music, however there will be a music system interior to the bay. As the structure and all attendant facilities (parking, drainage, utilities, etc.) are currently in place, no improvements are proposed with the petition. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations (LDR), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 consistency with the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LDR. 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 FLUM designation of General Commercial (GC) and a zoning designation of Planned Commercial (PC). The PC zoning district is consistent with the FLUM designation of GC. As previously stated, the proposed restaurant is defined in the Land Development Regulations as a 24-hour or late night business as the business will be open until 2:00 a.m.. LDR Section 4.3.3(W)(2)(a)(Conditional Use) states that any 24-Hour or late night business located or proposed to be located within a three hundred foot (300') straight line route from any residentially-zoned property shall obtain a conditional use permit from the City for the operation of such use. Pursuant to LDR Section 4.4.12(H)(2) within the PC zoning district, 24-Hour or late night businesses are allowed as a Conditional Use. Based upon the above, a positive finding with respect to consistency with the FLUM can be made. Planning & Zoning Board Staff Report Conditional Use Request for a 24-Hour or Late Night Business (Sazerac Restaurant & Martini Bar) Page 3 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. The development proposal consists of the establishment of a late night restaurant (open until 2:00 a.m.) within a shopping center in a bay formerly occupied by a restaurant, which did not operate past 12 midnight. Traffic volumes and solid waste associated with the proposed restaurant operation will be the same to that generated by the previous restaurant operation. No additional demand for any services or facilities will be created by this development proposal. 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 goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the following applicable policy is noted: Housinq Element Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed use abuts residential property to the south and west, as well as to the north. The nearest residential structures are located approximately 250' to the south and 300' to the west from the subject property. The residential uses to the north are located approximately 850' away. The restaurant will occupy a bay which was formerly used as a restaurant, therefore there will be similar odors and noise generated. It is noted the main entrance faces the interiodmain parking area, which is buffered from the adjacent residential properties by the shopping center structure as well as an existing landscape buffer on the adjacent apartment complex property. No loud music or live music is proposed which would disrupt the adjacent uses. Traffic volumes will not increase and circulation patterns will not change with establishment of the proposed use. Based upon the above, the business will not have a potential to negatively impact the safety, habitability and stability of the adjacent residential area. 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: Planning & Zoning Board Staff Report Conditional Use Request for a 24-Hour or Late Night Business (Sazerac Restaurant & Martini Bar) Page 4 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 following zoning designations and uses border the property: NoKh PRD & CF 'Vacant land & existin9 siD~lo family suDdivision (Rainbor~ kako) South & West RM-8 Multiple family apadment complex (Water's Edge) East PCC ~Vacant industrial prope~y (Congress Commerce ~Center) As previously stated, the proposed use abuts residential property to the south and west, as well as to the north. The nearest residential structures are located approximately 250' to the south, 300' to the west, and 850' to the north. It is noted there are two restaurants in the shopping center which currently operate after 12 midnight: Shootersville (open until 2:00 a.m.) and Black Sheep Irish Pub and Eatery (open until 5:00 a.m.). Both business were established prior to adoption of the 24-hour or late night business ordinance adopted in 2001. It is noted that as part of the Annexation Agreement the business that occupied bay #100 (Cymbals Restaurant and Night Club) and subsequent businesses that occupy that bay (currently Black Sheep Irish Pub and Eatery) can operate until 5:00 a.m. until November 9, 2008 (ref. Ordinance Cf 6-92), at which time the hours of operation would change to 2:00 a.m., consistent with the City's ordinances. The proposed late night restaurant will be located within an existing shopping center. No exterior changes to the site are proposed. The main entrance faces the interior/main parking area, which is buffered from the adjacent residential properties by the shopping center structure as well as an existing landscape buffer on the adjacent apartment complex property. As the proposed use will be within an existing shopping center with the entrance interior to the center, there is no concern with respect to compatibility with the developed residential properties to the south and west or with the non-residential properties to the north and east. Based upon the above, the proposed use will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: (VV) 24-Hour or Late Niqht Businesses: (2) Requirements: Unless otherwise specified, the following regulations shall apply to 24- Hour or late night businesses: (a) Conditional Use: Any 24-Hour or late night business located or proposed to be located within a three hundred foot (300') straight line route from any residentially- zoned property shall obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on Planning & Zoning Board Staff Report Conditional Use Request for a 24-Hour or Late Night Business (Sazerac Restaurant & Martini Bar) Page 5 which the 24-Hour or late night business is or will be located to the nearest point of a residentially-zoned property. (b) Conditions: In addition to complying with Section 2.4.5(E) of the Land Development Regulations, all other applicable regulations, and with any conditions imposed through the conditional use process, the following conditions shall apply to all 24-Hour or late night businesses which meet the requirements of subsection (2)(a): Security Plan: A 24-Hour or late night business shall submit a security plan detailing the manner in which the business intends to address the security of the establishment, its patrons, employees and nearby residents. A convenience business as defined in Section 812.171, Florida Statutes (2000); as may be amended from time to time, is exempted from filing a security plan with the City pursuant to this subsection. However, convenience businesses shall comply with all applicable provisions of Sections 812.101-812.175, Florida Statutes (2000), as may be amended from time to time. A security plan shall include, at a minimum, a detailed description of the following: a. external lighting; and, other external security measures, such as security cameras or other similar measures; and, internal security measures, such as drop safes, silent alarms, security personnel or other similar measures. The existing shopping center contains lighting, however additional lighting should be provided beneath the colonnade and within the parking area in compliance with the illumination standards of LDR Section 4.6.8. In addition, the breezeway to the west of the subject bay, which connects the rear parking area should be better illuminated. There is sufficient lighting in the rear parking area and adjacent to the dumpster. The applicant has stated that there is an existing alarm system with motion detectors as well as a web camera system for the subject bay. Additional security measures such as monitored cameras and surveillance cameras will be installed. These should be provided both interior and external to the bay. Provision of the additional security measures is attached as a condition of approval. As the business is not a night/dance club and live music is not provided, there does not appear to be a need for security personnel. However, if the business operation is modified to provide this type of entertainment, a conditional modification will be required and the need for security personnel would be accessed at that time. Bufferinq: A 24-Hour or late night business shall provide adequate buffering to minimize the effects of noise and to act as a visual buffer to the property from nearby residential districts. Planning & Zoning Board Staff Report Conditional Use Request for a 24-Hour or Late Night Business (Sazerac Restaurant & Martm~ Bar) Page 6 The shopping center abuts the Water's Edge apartment complex, which installed a 6' high chain link fence, trees and hedges adjacent to Lake Ida Plaza. Adjacent to the southwest corner of the shopping center is the apartment complexes recreation facility and retention lake. It is noted, the entrance to the restaurant faces the interior of the shopping center and the rear of the shopping center faces the residential development, therefore, there are no concerns with regard to noise. (c) Findings: In addition to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the following specific findings shall be made in order for any 24-Hour or late night business to be approved for a conditional use: 1. That the use will be consistent with Housing Element A-12.3 of the Comprehensive Plan of the City of Delray Beach. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. That the amount and type of proposed buffering is adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential properties and to act as a visual buffer to the property from surrounding uses and nearby residential properties. Based upon the previous analysis outlined discussed in the staff repo.rt, the proposed use will be consistent with Housing Element Policy A-12.3, which relates to maintaining stability. With regard to security, the existing shopping center contains lighting, however additional lighting should be provided beneath the colonnade and within the parking area in compliance with the illumination standards of LDR Section 4.6.8. Also, the breezeway to the west of the subject bay, which connects the rear parking area is to be better illuminated. Per the applicant, additional security measures such as monitored cameras and surveillance cameras will be installed. These should be provided both interior and external to the bay and are attached as a condition of approval. As the business is not a night/dance club and live music is not provided, there does not appear to be a need for security personnel. However, if the business operation is modified to provide this type of entertainment, a conditional use modification is required and the need for security personnel will be accessed at that time. With regard to buffering, given the existing configuration of the shopping center, location of the main/customer parking area, the existing perimeter landscape buffer there should be no noise impacts on the adjacent residential areas. Based upon the above positive findings can be made with respect to LDR Section 4.3.3(W)(2)(c). The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and CRA (Community Redevelopment Agency). Planning & Zoning Board Staff Report Conditional Use Request for a 24-Hour or Late Night Business (Sazerac Restaurant & Martini Bar) Page 7 Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Chatelaine · P.R.O.D. · Delray Shores · Rainberry Lake · President's Council · Rainberry Bay Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use for Sazerac Bistro & Martini Bar will not increase the current intensity of the site. The development proposal is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan, including Housing Element Policy A-12.3. Aisc, positive findings with respect to LDR Section 2.4.5(E)(5) Conditional Use Findings and LDR Section 4.3.3(W)(2)(c) (24-Hour or Late Night Business Findings), can be made as the proposal will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties, provided the conditions of approval are addressed with respect to providing additional security measures. Continue with direction. Recommend approval of the conditional use request for a 24-hour or late night business (Sazerac Bistro & Martini Bar) based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(W)(2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to conditions. Recommend denial of the conditional use request for a 24-hour or late night business (Sazerac Bistro & Martini Bar based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) and Section 4.3.3(VV)(2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, that the proposed use will hinder development or redevelopment of nearby properties and the proposed development will result in a degradation of nearby neighborhoods. Planning & Zoning Board Staff Report Conditional Use Request for a 24-Hour or Late Night Business (Sazerac Restaurant & Marbn~ Bar) Page 8 I Recommend to the City Commission approval of the conditional use request to establish a 24-hour or late night business (Sazerac Bistro & Martini Bar) based upon positive findings with respect to Chapter 3 '(Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(VV)(2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to the following conditions: That additional lighting is provided beneath the colonnade, breezeway and within the adjacent parking area in compliance with the illumination standards-of LDR Section 4.6.8; 2. That additional secudty measures such as monitored cameras and surveillance cameras be installed both interior and external to the bay; and, 3. That if the business operation is modified to provide a night/dance club and live music, a conditional use modification must be approved. Attachments: Site Plan · Floor Plan ----~EM--.HT =--C-~ E-F~ :-- -=MEN T 0 'i- tu --I ITALIAN Ii,.~ RETAIL RETAIL --:--- DUMP 5 I METER:ELEC. ROOM DUMP 0 ~J .~] 01~ P AC TOP ir 1 J i TO: THRU: FROM: SUBJECT: DAVID ~E ~).~~NAG ER PAUL DORLING, DIREC~;~ OF PLANNING~ND~/ZONING SCOTT PAPE, SEN OR P.ANNER MEETING OF .OVEMSER S, ****CONSEN CONSIDERATION OF A REQUEST TO REDUCE THE PAVEMENT WIDTH FROM 24' TO 22' FOR THE RESIDENTIAL STREETS LOCATED WITHIN THE LEGACY AT SHERWOOD FOREST DEVELOPMENT PURSUANT TO LDR SECTION 6.1.2(C). THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST AND SOUTHWEST CORNERS OF WEST ATLANTIC AVENUE AND SHERWOOD FOREST DRIVE The properties under consideration consist of Tracts G-1 and G-2, Sherwood Forest Plat No. 1, and total 9.08 acres. The development proposal consists of 72-unit townhouses. The internal streets are a loop network. To construct the project as proposed the applicant has requested a reduction in pavement width from 24' to 22' for portions of the roads located within the subdivision. Reduction in Pavement Width Analysis: The development proposal provides a 22' wide street with 2' of valley curb and gutter on both sides of the pavement. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The City Engineer has reviewed the request to reduce the pavement width from 24' to 22' and is in support of the reduction. The reduced pavement width will provide for 22' of pervious surface which is bordered by a 2' valley curb on each side. In essence, 26' of pavement will exist. While the city standard does not provide for the reduced pavement width when using a valley curb, this is an acceptable standard for many other municipalities and Palm Beach County and is often recommended as a traffic calming measures. The City has supported similar reductions such as the Parkside Townhomes and Estuary developments. Complying with the 24' requirement could impact the site layout and potentially the unit count, which could create a hardship. The Fire Marshal is in support of the request. This proposed reduction will not affect the neighboring area and will provide sufficient area for access and is adequate for public facilities. At its meeting of June 17, 2002, the Planning and Zoning Board considered the request in conjunction with the approval of the master development plan modification for a 72-unit townhouse project known as Legacy at Sherwood Forest. The Board unanimously (5-0) recommended approval of the reduction in pavement width. Approve the request to reduce the pavement width of the internal streets located within the Legacy at Sherwood Forest from 24' to 22' as indicated on the site plan. Attachment: Site Plan 'roiecfs'~2002 ~0210."'-'~ 105_s p.d w.q, :;o0 SHT1, 06/10/20(:."'-'~3:57:57 PM MATCH LINE ( SEE SHEET 2 OF 2 ) SHERWOOD FOREST DRIVE I I I ~ i '! I I , THE ESTATES III r J lll:l Julian Brvan& Flssocio~es i ! Il i'" i'"!'i it PEIJIA¥ BEACH, FLORIDA FINAL SITE PLAN LEGACY AT CENTERLINE HOMES O: ~ 'roiecfs'~2002~02105/'~ 105_sp. dw,q, PM L_ I I I ! ! ..-~ , r-"""~- ~ /r",.'.,,,,~ · ' .~,.,,,,,,~ ,, & ,-...,..,,,'-~,-,-,-,-,-,-,-~ ;~ ~ ,, TRACT "E-l" MATCH LINE ( SEE SHEET 1 OF 2 ) ,1! Z , BARWlCK ROAD I.?, ,, JBR Julian Eir~on &Flssodoms FINAL SITE PLAN LEGACY AT SHERWOOD FOREST CENTERL~E HOMES ' ClTYCOMM!~i:~' ~MENTATION: TO: THRU: FROM: SUBJECT: ~'~. ~.ClTY MANAGER SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST MEETING OF NOVEMBER 5, 2002 - REGULAR AGENDA REVIEW A REQUEST FROM DOWNTOWN LOFTS FOR PURCHASE OF THREE (3) IN-LIEU PARKING SPACES THE Downtown Lofts is a proposed mixed use development consisting of four (4) condominiums and 3,015 square feet of office space to be located on the east side of SE 4th Avenue between SE 1st Street and SE 2® Street (103 SE 4th Avenue). Pursuant to Land Development Regulations (LDR) Section 4.6.9(C)(8)(a) Shared Parking, the development requires sixteen (16) parking spaces. The proposed site plan provides thirteen (13) on site parking spaces. The applicant is requesting the purchase of three (3) in-lieu parking spaces at a cost of twelve thousand dollars ($12,000) each, totaling thirty six thousand dollars ($36,000), to be paid in full at the time of submission of a building permit application. LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project the applicant must construct additional on-street parking. Although SE 4th Avenue currently has public parking the redevelopment will place parking to the rear of the property, allowing the construction of two (2) on-street parking spaces where the current driveway exists. Consequently, the applicant will seek reimbursement for the construction of two (2) on-street parking spaces. The two (2) proposed parking spaces in addition to the existing (15) spaces on SE 4th Avenue should accommodate the parking needs of visitors to the site. The Parking Management Advisory Board, at their meeting of October 22, 2002 unanimously recommended approval of the applicant's request. RECOMMENDED ACTION"~', ' By motion, approve the request by Downtown Lofts for the purchase of three (3) in- lieu parking spaces in the amount of thirty six thousand dollars ($36,000). Memo To: From: Date: Re: David Harden, City Manager Lula Butler, Director, Community Improvement October 31,2002 Request to Release Liens ITEM BEFORE THE COMMISSION: City Commission consideration of a request from Mr. Andrew Richards to waive the administrative fee and the interest assessed on Code Enfomement liens resulting from the abatement of nuisances to the affected property beginning in 1986. The outstanding amount of the lien as of October 30 ~s $5,107.22. The property is located at 1410 NW 2nd Street. BACKGROUND: I have attached a copy of the original correspondence from Mr. Richards via e-mail dated September 4, 2002. According to this note, this resident is working towards his construction license for early next year. His desire is to build affordable housing. I explained to Mr. Richards the Commission actions and directions to staff as it relates to their cons~derabon of releasing liens. Mr. Richards believes he is entitled to having liens reduced because the Commission has extended this benefit to other residents. As an investor, this resident is pursing the acquisition of lots by purchasing Tax Deeds. He has done the research and it appears that he understands the laws and process used to acquire property using th~s method and is fully aware of the fact that these properties have addibonal liens that must be satisfied to clear the title Although there are several properties under consideration, he has only purchased one lot to date. His request is that the Commission considers waMng the payment of accrued interest and administrative fees, reducing the lien to the actual costs paid by the C~ty. For the subject lot, the lien would be reduced from $5,107.22 to $1,556.94. RECOMMENDATION: Staff is recommending den~al of the request from Mr. Andrew Richards to reduce the amount of lien owed for property he acquired by purchasing a Tax Deed from $5,107.22 to $1,556.94. LB:DQ Attachment Quinlan, Donna From: Andrew Richards [andrewdr@msn.com] Sent: Wednesday, September 04.2002 4:36 PM To: quinlan@ci.delray-beach.fl.us Subject: Liens Waived Dear Ms. Quinlan and Ms. Butler, I am interested in purchasing vacant property in Delray Beach, for future affordable housing. The property I am interested in purchasing is via Tax Deed. I understand that there are hens on each parcel, as identified below by Celeste McDonough. I would like to know if the City will be willing to either waive or negotiate the balances (i.e. I will pay interest and out of pocket expenses only), should I decide to purchase the property. The concessions are required in order to make the land developable for buyers in the affordable housing program. The properties are identified below: Abatements Unsafe 12-43-46-16-01-025-0210 SC Ivy Edwin C. $4,489.03 None 12-43-46-16-01-022-0180 $C 12-43-46-17-18-002-0130 Martin 3ohnnie 3r.. Ray Daisy M $2,055.64 + $4,560.81 $4,071.46 + $3,903.92 12-43-46-17-18-001-0280 Morgan Melvin 3 $5,054.15 + $3,027.00 12-43-46-17-18-003-0150 Ridley Charles F Jr $390.42 ** + $7,399.33 12-43-46-17-00-000-3080 SC Dawson 3acquel. $5,054.15 None z am eager to become part of the redevelopment program in Delray Beach, as T live in Delray Lakes. z will be getting my GC license in the first quarter of next year, z have my BA in Land Planning and an MBA. z have started a company to purchase the land in hopes of being able to build the affordable housing. T appreciate all of your assistance. Please contact me anytime to discuss. My Cell phone is (305) 794-6622, home phone is (561) 276-6076. 9/4/2002 Page 1 of 1 Butler, Lula From: Butler, Lula Sent: Monday, October 14, 2002 5:09 PM To: 'Andrew Richards' Subject: RE: 12-43-46-17-00-000-3080 Your request is scheduled for the November 5 meeting, 6:00pm, commission chambers, city hall. I will send you a copy of the staff transmittal memorandum when it is completed, which should be on or before October 30.- Thanks ..... Original Message ..... From= Andrew Richards [mailto:andrewdr~msn.com] Sent.' Tuesday, October 08, 2002 9:52. AN To,' butler@ci.delray-beach.fl.us Subject.' Fw: 12-43-46-17-00-000-3080 Please let me know what the city will agree to as far as lien settlements on the referenced property, as ! wish to pay, I understand that many liens have very recently been significantly reduced on other properties. ! appreciate your assistance. An d few ~ Original Message --- From: Andrew Richards Sent: Friday, October 04, 2002 1:38 PM < DIV style="FONT: 10pt Arial">To.' butler~ci.delray-beach.fl.us Subject: PCN: 12-43-46-17-00-000-3080 Please let me know what the city will be willing to accept in lien payoffs for the referenced PCN, Please let me know where ! would be able to receive written reports which confirm the work that was done on the property to generate such high costs ($5,000 lien, no structures, 1 tree). Thanks, Andrew Get more from the Web. FREE MSN Explorer download: http://explorer.msn.com Ge t more from the Web. FREE MSN Explorer download: http://explorer.msn.com 10/17/2002 Date: October 31, 2002 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular __ Special When: November 5, 2002 Description of Agenda Item: Request to Reduce Lien for 1410 NW 2na Street Ordinance/Resolution Required: Yes / No __ Workshop Consent Draft Attached: Yes / No Recommendation: Denial Department Head Signature:~~ C.ity Attome¥ Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MelTIO To~ From: CC: Date: Re:. City Commission David Harden ~1/( November 1,2002 Request for Waiver of Special Assessment - Southridge Village Condominium In 1998 the City entered into an agreement with the Woods of Southridge to rebuild their streets. The streets were built in the County prior to annexation, and were never accepted for maintenance by the County or the City because they were built to substandard specifications. Under the terms of the agreement, the streets were rebuilt as an assessment project. The City paid one third of the cost to rebuild the streets and one third each was paid by the property owners on either side of the street. The Woods of Southridge Homeowners Association had accumulated some money to be used for street repair, and that money was used to reduce the amount assessed to individual property owners. Since 1999, Mr. Eli Behar, on behaff of the Southddge Village Condominium Association, has been seeking to have the Association's assessment reduced. He has been repeatedly turned down by staff, and has asked that the Commission consider his request. A copy of his written request is attached. As Mr. Behar admits, the Condominium has an entrance on Southridge Road. Whether one uses that entrance depends on the direction from which one is approaching. If one is approaching from the north, I find it hard to believe that one would go to Linton, make a left turn onto Linton, and then another left tum onto SW 8~ Avenue to enter the property. It appears that the Southridge Road entrance does receive significant use. Furthermore, even if it does not, I believe that the Condominium benefits significantly by having the street adjacent to their property improved as compared with the condition of the street prior to improvement. As to notice, our records indicate that the notices of the public hearings conceming the special assessment were sent to Sandra M. Isabell, Agent, Southridge Village Condominium, Inc, 3435 Lake Worth Road, Lake Worth, FL 33461. Recommendation: I recommend that the request for reduction of the assessment on Southridge Village Condominium be denied. August 29, 2000 Southridge Village Condominium, Association, Inc. 159131 S.W. 8th Avenue Delray Beach, Florida 33444 David T. Harden City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Re: Southridge Village Condominium Association, Inc./ Woods of Southridge Special Assessment Dear Mr. Harden: Thank you for the courtesy you showed me and for taking the time to meet with me regarding the above matter. In our meeting you suggested that I write a letter to state my position, so that you may present it to the City Commission. Thus, I am writing this letter as President of the Southridge Village Condominium Association, Inc., and also as an owner of units in the condominium. Southridge Village is a condominium bounded by Linton, S.W. 10th Avenue, Southridge Rd. and S.W. 8th. It is walled on all sides. The entrance is on S.W. 8th Avenue. There is a secondary entrance on Southridge Rd., however this entrance is mainly intended as an emergency exit. It handles only a nominal percentage of the traffic since it is inconvenient to use and not planned as a main entrance. Included within the walled condominium are ten (10) old platted lots which would front on Southridge Road, if they were not behind the wall. It is understood that the City and the Woods of Southridge negotiated an agreement, without notice to Village of Southridge, whereby it was agreed that 2/3 of the cost would be assessed against property owners; we werc not informed about that negotiation and therefore did not participate. Had wc known, we would have requested being excluded from the assessment based on our insignificant benefit as compared to lot owners in the Woods of Southridge. Assessing Southridge Village Condominium the amount of $7,988.00 does not seem to relate to the nominal benefit received. I presume this is the result from our not being included in the negotiations with the City when the Special Assessment District was being discussed. You advised that all legal procedures were followed when the assessment district was established and thus I presume you mean that the association was given notice. Personally I do not David T. Harden August 29, 2000 Page 2 recall the notice being received by the association nor do I recall the condominium unit owners receiving notice. I believe the City should agree with me that assessment of the ten (10) lots within our walled community on the same bases as the lots in the Special Assessment D~strict is irrational, unfair, and disproportionate. As a compromise I would suggest that our $7,988.00 assessment be reduced to $1,997.00, this amount in my opinion would still exceed the value of the benefit to Southridge Village. Thank you again. Very truly yours, Southfic~-)/illage ~ociation, Inc. Eli Be"har, President +4072437166 CITY OF DELRAY BEACH 013 P05712 MAY 04 '99 10:4E J I RESOLUTION NO. 88-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A PEDESTRIAN AND BICYCLE TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING OBJECTIVES FOR SAID TASK TEAM; PROVIDING FOR THE COMPOSITION OF SAID TASK TEAM AND APPOINTMENT THERETO; PROVIDING AN EFFECTIVE DATE AND SETTING A SUNSET DATE. WHEREAS, the Transportation Element of the City of De[ray Beach Comprehensive Plan idenufies akernative (to the automobile) transportation opnons as an important element in future development in De[ray Beach; and WHEREAS, the C~ty of De[ray Beach Parks and Recreation Master Plan, adopted by the City Commission on February 5, 2002, calls for improved accessibility to the City's park and recreation fac~ties through construcuon of linkages; including bikeways, trails, s~dewalks and transit; and WHEREAS, on October 8, 2002, the C~ty Commission of the City of De[ray Beach, by consensus, agreed that a Pedestrian and Bicycle Task Team should be established in order to provide recommendations with respect to the anplementanon of a pedestrian and bicycle infrastructure system consistent with the City's Comprehensive Plan w~thm the City of Delray Beach; and WHEREAS, It was agreed that the Pedestrian and Bicycle Task Team is to research and identify the needs of pedestrians and bicyclists within the De[ray Beach city hmits and report these findings to the City Comrmssion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there hereby is established a Pedestrian and Bicycle Task Team, which shall prepare an assessment and report ~dentifying the needs of pedestrians and bicyclists to the Caty Comrmssion and recommending the implementation of a pedestrian and Ncycle infrastructure system within the City of De[ray Beach. To that end the Task Team shall review the inventory of existing pedestrian paths and bikeways in the C~ty, supporting infrastructure such as bike racks or lockers, C~ty Code provisions affecting pedestrians and bikeways, and hazardous conditions affecting pedestrians and bacychsts. The final report of the Task Team should identify gaps in the City's pedestrian paths and bikeways where facilities are needed to promde a complete, citywide system; as well as linkages between and access to our parks and recreation facilities. The report should also identify additional supporting facility needs, recommend appropriate changes in the City Code and Land Development Regulauons to encourage walking and bicycling as alternative txansportation, and measures which can be undertaken to improve the safety of pedestrians and bxcychsts throughout the City Section 2. That the Pedestrian and Bicycle Task Team shall have seven (7) members appointed by the Mayor and City Commissioners. The composiuon of the Task Team shall include a cross section of citizens fi:om various neighborhoods throughout the city. To the extent possible, the team should include a representative of the Police Department, a representative of the Parks and Recreation Department, one or more bicycle enthusiasts and members from the commumty at large. A majority of the membership shall constitute a quorum. A Chairman shall be elected by and from among the task team membership. Section 3. That the Task Team shall have technical and logistical support provided as designated by the City Manager. Section 4. That the Pedestrian and Bicycle Task Team shall immediately pursue its assigned task with a target date of accomphshing said task by May 31, 2003. In addition, the Team should assist in developing any concepts or reformation needed for grant applicauons early in 2003. Section 5. That the Pedestrian Bicycle Task Team shall disband upon completion of its assigned task unless otherwise extended by action of the City Commission. 2002. PASSED AND ADOPTED in regular session on this the 5th day of November, ATTEST: MAYOR City Clerk 2 RES. NO. 88-02 [ITY I]F I]ELRFlY BERTH :ITY ATTORNEY'S OFFII E 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 Writer's Direct Line: 561/243-7091 MEMORANDUM DATE: October 22, 2002 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Request by Delray Club, Inc. d/b/a Delray Acceptance of a Voluntary Restriction on Density Beach Club for The Delray Beach Club has requested in the attached letter that the City execute an Acceptance of an Irrevocable Declaration of Unity of Title, Restriction and Covenant as a voluntary restriction on density. The Delray Beach Club will restrict itself to a generic club use, in order to take advantage of F.S. §193.011(2) and have the valuation for tax purposes based on its current use rather than potential use. By copy to David Harden, City Manager, please place the consideration of the Irrevocable Declaration of Unity of Title, Restriction and Covenant and Acceptance on the November 5, 2002 City Commission agenda for consideration. Attachment CC: David T. Harden, City Manager Barbara Garito, City Clerk Paul Dorling, Planning Director Thomas E. Sliney, Esq. Thomas E. Sliney Parmer Direct Dial: 561,862.4 ! 52 Direc~ Facslmilc: 56 t.862.4952 A T T O R N E Y S L L P October 22, 2002 VIA FACSIMILE 561-278-4755 Susan A. Ruby, Esq. City of Dckay Beach 200 N. W. 1 st Avenue Delray Beach, FL 33444 RE: DELRAY CLUB,/NC. d/b/a DELRAY BEACH CLUB PARCEL CONTROL NUMBER - 12-43-46-28-00-000-1111 Dear Susan: Per our conference I am submitting to you the proposed Irrevocable Declaration of Unity of Title, Restriction and Covenant and Acceptance for your revicw. Per our conference, this Declaration is based on a similar Declaration executed by the Town of Palm Beach and the Sailfish Club in settlement of an ad valorem tax dispute some years ago. A copy of F.S. 193.011 (2) on which the Declaration is based is enclosed. The Declaration limits the Club's property use to usc as a Club and the property owner agrees not to develop the property under the zoning available to it under the Delray Beach Zoning Code. Once the Declaration has been signed by both parties then the Club's property would be assessed as a Club and not under values which it would be under the density allowed under the Delray Beach Zoning Code. F.S. 193.011(2) requires notice from the governmental body tn the property appraiser of the limitation - in this case the Irrevocable Declaration. Thc Club's property assessment in 2001 was $5,492,843 and the property taxes in 2001 were $133,689.75. The 2002 Preliminary assessed value is $9,488,381 and the 2002 Preliminary Tax is $233,931. We would request that thc City of Dekay Beach approve the Declaration no later than Deccmber 31, 2002 and give the notice required by F.S. 193.011(2) to the Palm Beach County Property Appraisers on or before that date. This Declaration has been reviewed by and approved by the attorney for the Palm Beach County Property Appraiser. The Declaration will need to be recorded on or before December 31, 2002. I#01 North /Vlthtat), Irutl * .V~t.' 200 ' B~eu Runm. I,'lort~ J3431 - F~lephone 561-J9,1-05~0 - b}~ca~mile' 561-J94-.;.~2 AIh.~9, - Bq{fi/lo · Glover~'vtll~. * 3FA' lntcrtt~lttonal Al~or~ · N~ew ~rk - ,Ycw.r~ · Palm ~ru~ h (;w'dtvt.~ * 7o~nl. * www I~c~g~orl~ cum 4 Ret:t~'tee~d Ltmtled Ltabth~ b'tttvnc~.~'hlO Inc-lud~n~. Prt~,~tonal A~soctatto~ 10/22/02 T~ 09:46 [TX/RX NO 5548] Page 2 Hodgson -- a T I' 0 R N E v S L L P It is my tmderstand!,g that you will be able to place th. is matter on the November 5, 2002 City Council Meeting Agenda. We will submit the Club's signed Declaration for counter signature by the City assuming City approval. Please let me know if you have any questions in this regard. Also, please confirm that this marmr will be on the November, 2002 CiD' Council Meeting Agenda. Thank you very much for your assistance. Very truly yours, '~'ho~as E. Sliney tES/fg cc: Timothy Kelly, General Manager Delray Beach Club (via facsimile) Enclosures I:I..ADGO8 1.72,614vl (2)tDQOi!,DOC) 1801 North Mdstur3, Tratl· .Yum. 200 · I~,wu t~att,n Fh,rtda 33431 - ~'h°phone 561-394-05(~d · Fucatmde 361-d94-JSo2 10/22/02 TUE 09:46 [TX/RX N0 5548] Prepared under the supervision of, record and return to: Thomas E. Sliney, Esquire Hodgson Russ LLP 1 g01 N. Military Trail, Suite 200 Boca Raton, FL 33431 IRREVOCABLE DECLARATION OF UNITY OF TITLE, RESTRICTION AND COVENANT AND ACCEPTANCE This IRREVOCABLE DECLARATION OF UNITY OF TITLE, RESTRICTION AND COVENANT made effective as of January 1, 2002, by Delray Club Inc., hereinafter referred to as Covenantor: WITNESSETH: WHEREAS, Covenantor is the owner of improved real Property identified by the Palm Beach County Property Appraizer as Parcel Control Number 12 43 46 28 00 000 111; and WHEREAS, on January 1, 1982, Covenantor was formed primarily to be a Club; and WHEREAS, consistent with and in furtherance of the City of Delray Beach Comprehensive Plan, Covenantor Club has divested itself and hereby confirms divestiture of any development rights it may have for multi-family residential use or any use other than the generic club use presently applied. NOW, THEREFORE, the Covenantor hereby declares that the subject Property is and shall be held, administered, used and occupied subject to and in accordance with this Irrevocable Declaration of Unity of Title, Restriction and Covenant as hereinafter set forth. 1. Recitals. The foregoing Recitals are tree and accurate. 2. Declaration of Unity of Title, Restriction and Covenant. Consistent with and in furtherance of the City of Delray Beach Comprehensive Plan, and in perpetuity Covenantor hereby confirms and declares as follows: Covenantor hereby confirms divestiture and divests itself of any development rights it had, may now have or may have in the future for multi-family residential use or any use other than the generic club use presently applied. 10/22/02 TUE 09:46 [TX/RX NO 5548] B. Covenantor hereby declares the above-described Club Property has been, is and shall be regarded under one title as an individual development site, no portion of which shall be sold, transferred, deqised, leased or assigned separately from the whole. 3. Covenant running with the land. The foregoing Declaration of Unity of Title, Restriction and Covenant, and each covenant as respectively continued and made, have constituted, and do and shall constitute a covenant binding on Covenantor Club, its successors, heirs and assigns, and a covenant running with the land, which covenants shall continue in perpetuity. 4. Provisions enforceable by the City. The Covenantor files this Irrevocable Declaration of Unity of Title, Restriction and Covenant, in favor of the City of Delray Beach which Covenantor considers has had the authority to enforce and which shall have the authority to enforce. 5. General Provisions. The caption of this Declaration and its paragraph headings are for the sole purpose of convenience. No waiver of any provision of this Declaration shall be binding or enforceable unless in writing signed with the same formalities and recorded. The invalidity m whole or in part of any portion hereof, or any paragraph, subparagraph, sentence, clause, phrase, word, term or other provision of this Declaration or of any document referred to herein shall not affect the validity of the remaining portions hereof. This Declaration shall be binding on all persons, their heirs, successors and assigns having any right, title or interest in or to the subject Property; but nothing contained in this Declaration shall be deemed to be a gift or dedication of all or part of the subject Property or any interest therein or any appurtenance thereto to the public, or any public use. IN WITNESS WHEREOF, the Covenantor has executed this Irrevocable Declaration of Unity of Title, Restriction and Covenant. DELKAY CLUB, INC. Attest: By: Francis X. Foster, Its President By: Its Secretary (Corporate Seal) 10/22/02 TUE 09:46 [TX/RX NO 5548] OCl-~z-~ 1~:2~ FROM:HODGSON RUSS ID= SG139~788S PAGE G/8 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the county aforesaid to take ac 'knowledgrnents, personally appeared Francis X. Foster, as President, and , as Secretary, respectively of Delray Club, Inc., each of whom are personally known to me (or if not personally known to me, produced as identification and respectively), and who executed the foregoing instrument and they acknowledged to and before' me that they executed the sine freely and voluntarily for the purposes therein expressed on behalf of Delray Club, Inc. WITNESS my hand and official seal in the County and State last aforesaid this day of ,2001. Nolary S~al Signature of Notary Public - State of Florida Printed Name of Notary Public My Commission expires; 10/22/02 TUE 09:46 [TX/RX NO 5548] ACCEPTANCE The City of Delray Beach hereby accepts the foregoing Irrevocable Declaration of Unity of Title, Restriction and Covenant as a voluntary restriction on density consisten: with and in furtherance of the City of Delray Beach Comprehensive Plan. IN WITNESS WHEREOF, the City of De]ray Beach has accepted the Irrevocable Declaration of Unity of Tire, Restriction and Covenant. CITY OF DELRAY BEACH Attest: By:_ · Mayor By: , Town Clerk STATE OF FLORIDA ) · SS. COUNTY OF PALM BEACH ) 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the county aforesaid to take acknowledgments, personally appeared , as Mayor, and as Town Clerk, respectively, of the City of Delray Beach, Florida, each of whom are personally known to me (or if not personally known to me, produced as identification and . , respectively), and who executed the foregoing instrument and they acknowledged to and before me that they executed the same freely and voluntarily for the purposes therein expressed on behalf of the City of De]ray Beach. WITNESS my hand and official seal in the County and State last aforesaid this day of ,2001. Not~ry Seal Signature of Notary Public - State of Florida Printed Name of Notary Public My Commission expires: FLADOCS 1337{2vl (~.~CIGOI!.DOC) 10/22/02 TUE 09:46 [TX/RX NO 5548] TAXATION Ad~/D FI/~,IA~CE Title 14 Municipal tax and special a~es.~ment li,'ns, foreclosure, see § 173.01 et seq Valuation of personal property, see § 192.042. Law Review and Journal Commentaries Assessment and collection of ad valorem Property ~ax procedure. property taxes. G,,orge W. £ricksen and Wil- liam Tcrrell Hodges. 13 U.FIa. L. Rev 455 {Win- ter 1960)_ Florida's state and local tax ~trucmrc. C, II. Donovan, 13 U,Fla. L.R~v. 518 (Winter 1960). $. Lewis Hall. U.Fla. L R~v 493, 5i,~ (V4inter 1960]. Taxanon under a new construction, gachard Hunt. Jr.. 41 Fla. B.J 388 (June 1967). PART I, GENEILAL PROVISIONS Library References Taxation eg~309 et seq. WE, SiTLAW Topic No. 371. C.J.S. Taxauon ~ 391 392. 193.01. Renumbered as 192.064 by Laws 1969, c. 69-S5, § 2 1 ~)3.0 ! I. Factors to consider in deriving just valuation In arriving at just valuation a~ required under s, 4. Art. VII of the State Constitution, the property appraiser shall take into consideration the following factors: (I) The present cash value of the property, which is the amount a wLlling purchaser would pay a willing seller, exclusive of reasonable fees and costs of purchase, in cash or the immediate equivalent thereof in a transaction at arm's length; (2) The highest and best use to which the property can be expected to be put in the immediate future and the present use of the property, taking into constderation any applicable judicial hmitation, local or state land use regula- tion. or historic preservation ordinance, and considering any moratorium imposed by executive order, law, orchnance, regulation, resolution, or procla- mation adopted by uny governmental body or agency or the Governor when the moratorium or judicial [imitation prohibits or restricts ~he development or improvement of property as otherwise authorized by applicable law. The applicable governmental body or agency or the Governor shall noti~ the property appraiser in writing of any executive order, ordinance, regulation, resolution, or proclamation it adopts imposing any such limitauon, regulation, or moratorium: (3) The location of said property: (4) The quantity or size of said property; (5) The cost of said property and :he present replacement value of any improvements thereon, (6) The conditaon of smd property; (7) The income from said property; and (8) The net proceeds of the sale of the property, as received by the seller. after deduction of all of the usual and reasonable fees and costs of the sale. 54 1969, c. '.Administrauon of os' -i'.." ?,gricultural crop. nc Agricultural land ass : A.s.s~:ssn~nt of mi, m: "..l~nvironmentally en~ Mandlcapp~d access ' Historically signifies ,, preparation of ass~ ':' Registered mail dali, _._-Tangible per, anal p~ ~ · .~.d valorem *~s' Wershow, lit U.FI. Ad valorem a.ss~s Wershow and Edwl L. Re¥. 67 (I 9gl) t0/22/02 TUE 09:413 [TX/RX NO 5548] CITY OF DELRI:I¥ BErI£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 TO: FROM: MEMORANDUM October 23, 2002 City Commission David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Wdter's Direct Line: 561/243-7090 SUBJECT: American La France/MedicMaster- Authorization to File Suit The Fire-Rescue Department of the City of Delray Beach has had numerous problems with an emergency care vehicle provided to the City by American La France/MedicMaster ("MedicMaster"). The City of Delray Beach, the Town of Highland Beach and MedicMaster entered into an agreement relating to the purchase of three (3) new emergency care vehicles purchased via Purchase Orders #591286, (Delray Beach) dated November 28, 2000; #2002-014, (Highland Beach) dated November 21, 2001; and #601877 (Delray Beach) dated February 25, 2002. The first emergency care vehicle that MedicMaster provided to the City (P.O. #591286) has been found to have major defects which led to numerous transmission and electrical problems. These problems have rendered the vehicle out of working order much of the time since its delivery in June, 2001 despite the City's extensive efforts to return the vehicle to working order. Therefore, the Fire-Rescue Department has requested that our office file suit against MedicMaster for the defective vehicle that they provided to the City in order to recover approximately $142,550.00 spent on the defective vehicle. Furthermore, the Fire-Rescue Department seeks approval to cancel the remaining two (2) outstanding purchase orders so that the Fire-Rescue Department may purchase two (2) much needed emergency care vehicles. Please note, however, that the Town of Highland Beach must also approve the cancellation of one of the purchase orders. Please place this matter on the November 5, 2002 City Commission agenda for consideration. If you have any questions, please call. CC: Bob Barcinski, Assistant City Manager Barbara Garito, City Clerk Susan A. Ruby, City Attorney Kerry Koen, Fire Chief Ben Saag, Town Manager Tom $1iney, Town Attorney Joseph Safford, Finance Director Rich Olson, Director of Public Works [ITY OF DELRI:IY BERg# CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect Line 561/243-7091 ~9~ DATE: October17, 2002 MEMORANDUM TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Settlement offer in Johnson v. City This case arises out of a slip and fall accident that occurred on July 25, 2001. The Plaintiff is a 13 year old girl who was swimming at Pompey Park pool. Upon exiting the pool the Plaintiff slipped on the pool deck adjacent to the steps and broke her ankle. The pool deck, around the area of the slip and fall, has been re- surfaced. The Plaintiff has offered to settle this claim for $7,350.00 inclusive of attorney's fees and costs. At this time, the City Attorney's Office recommends acceptance of this offer subject to the receipt of appropriate releases. By copy of this memo to David Harden, our office is requesting that this item be placed on the November 5, 2002 City Commission agenda. If you should have any questions, do not hesitate to contact me. CC; David Harden, City Manager Barbara Garito, City Clerk MEMORANDUM TO: FROM' SUBJECT' David T. Harden City Manager Joseph M. S~ Director of Financ~ Request to Place Item on Commission Agenda - Approval to ReImburse Non-Bargaining Unit Employees for Dependent Health Insurance Premium Increase from February 2002 through October 2002 DATE' October 31, 2002 The ratification of the three union contracts required the City to absorb the dependent health insurance premium increase for the period covering the first payroll in February 2002 through the last payroll in October 2002. We would request that the City Commission approve reimbursing the non-bargaining unit employees for the dependent health insurance premIum increase for this same period at a cost not to exceed $30,000 00. Funding to come from the Risk Management Project Reserve Account Number 551-1575-591-99 01 We will request a budget adjustment from prior year surplus to reimburse the Risk Management Project Reserve Account for this expense during the mid-year budget amendment. /sam cc: Regina Frazier, Budget Administrator (for mid-year budget amendment) AGENDA ITEM NUMBER: AGENDA REQUEST Date: 11-01-02 Request to be placed on: X Consent Agenda __ Special Agenda __ Workshop Agenda When: 11-05-02 Description of agenda item: Approval to reimburse employees not in bargaining units for the dependent health insurance premium increase for the period covering the first payroll in February 2002 to the last payroll in October 2002 Cost not to exceed $30,000.00. Funding to come from Risk Management Project Reserve Account 551-1575-591-99.01 (Project Reserve to be reimbursed through Prior Year Surplus during FY 02-03 budget amendment.) ORDINANCE/RESOLUTION REQUIRED: Draft of Resolubon Attached: YES NO X YES NO Recommendation: Approval is recommended by Finance Director and Risk Manager Department Head Signature: Determination of Consistency with ~rehensive Plan: n/a City Attorney Review/Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda' Hold Until: Agenda Coordinator Review: Received: Action: X No 551-1575-591-99.01 Project Reserve $79,500.00 Approved: Disapproved: P.O. # Harden, David Page 1 of 2 From: Sent: To: Cc: Pineapple Grove, Delray Beach, Florida [pineapplegrove@mindspring.com] Friday, October 25, 2002 9:30 AM David Schmidt Colonna, Diane; harden@ci.delray-beach.fl.us Subject: Re: US Post Office in Downtown Delray Beach I have just talked with Diane Colonna. The CRA Board reviewed the information last night and needs more information to make a dec~sion on November 14th. Pineapple Grove Executive Committee support moving Facade Grant dollars to subsidize, but wants a full board vote on November 11. Evan Keller is talking to post office to ask for another extension to November 15. Assistance in subsidy from the city at the $5-10,000 level would be very valuable in making the package happen. Thank you. Glenn Weiss, Program Manager and ArtWalk Director Lori Moore, Assistant Program Manager Pineapple Grove Main Street & ArtWalk NEW ADDRESS & FAX 104 West Atlantic Ave Delray Beach, Florida 33444 Tel: 561-279-9952 Fax: 561-276-8558 pineapplegrove~,mindspring, com ..... Original Message .... From: Dawd Schmidt To: pineap!31egrove@mindspring.com Cc: harden@ci.delray-beach.fl.us Sent: Thursday, October 24, 2002 1:34 PM Subject: Re: US Post Office in Downtown Delray Beach What would be our deadline to respond about helping to subsidize? The city commission is not scheduled to meet again until 11/5. >From: "Pineapple Grove, Delray Beach, Florida" >To: "David Schmidt" >CC: "Diane Hervey" ,"David Harden" ,"Jon Levinson" ,"Anne Gannon" ,"Jeff Perlman" ,"Alberta McCarthy" ,"Colonna, Diane" ,"Pat Archer" ,"William Wood" ,"Marjorie Ferrer" ,"Rita Ellis" ,"Shutt, Thuy" ,"Nancy Stewart" ,"Paul Dorling" ,"Kathy Aguirre" ,"Dave Beynon" ,"John McKenna" ,"David Beale" ,"Cecelia Boone", >Subject: US Post Office in Downtown Delray Beach >Date: Thu, 24 Oct 2002 12:57:17 -0400 > >Mayor Schmidt, > >Thank you so much for writing a letter last week to delay the US Postal Service in making a final decision. 11/1/2002 Page 2 of 2 >This week Diane Colonna and I met with potential CPU (Contracted Postal Unit) private contractor, Evan Keller. He and the US Postal Service have come to the end of basic negotiations. The US Post Office has offered an higher rate of return than they originally stated, but it is not high enough by 2% points for Evan Keller of SuperPostal in Boca Raton to turn a profit. This dollar amount is $30,000 short. > >I personally was impressed with Mr. Keller. He has run SuperPostal for 11 years. He is highly engaged in postal services professional organizations. He took the extra effort to visit the only known large CPU in the country. > >I talked with Dave Beynon, the owner of the Post Office building. He supports Mr. Keller's bid and will do the minor modifications so that Mr. Keller can rent about 4,000 square feet. The rental cost offered is substantially below recent Pineapple Grove prices. Mr. Beynon continues to give back to the community by subsidizing non-profits like Women in the Visual Arts. > >Tonight the CRA will discuss whether the Board feels comfortable providing any subsidy to reach Mr. Keller's necessary rate of return. (Mr. Keller has provided his budgets and his willing to provide open book access.) The Pineapple Grove executive committee is also considering the same proposal. > >I believe this is our last chance to keep the US Post Office in Downtown Delray Beach. If Mr. Keller - a very experienced postal operator - can not tum a profit, than who can? I wish the US Postal Service would stay or a non-profit could step forward, buy these options are not available. > >To me a $30,000 subsidy for the first year of operation is worth the investment to Delray Beach. I hope during that year, Mr. Keller can find other products that the US Postal Service will permit him to sell. > >The Post Office has 1700 PO Box users and generates close to 200,000 visits a year. No event could be produced for $30,000 that would attract those numbers of Downtown. No place serves such a economically and socially diverse group of citizens. > >If you or anyone else has questions, please call me on my cell phone: 561-512-1218. > >Glenn Weiss, Program Manager and ArtWalk Director >Loft Moore, Assistant Program Manager >Pineapple Grove Main Street & ArtWalk > >NEW ADDRESS & FAX >104 West Atlantic Ave >Delray Beach, Florida 33444 >Tel: 561-279-9952 >Fax: 561-276-8558 >pineapplegrove~mindspring.com > Choose an Intemet access plan right for you -- try MSN! Click Here 11/1/2002 Page 1 of 2 Harden, David From: Sent: To: Cc: Pineapple Grove, Delray Beach, Florida [pineapplegrove@mindspring.com] Monday, October 28, 2002 3:17 PM Colonna, Diane David Harden; Dave Beynon; evan@superpostal.com; David Schmidt Subject: Re: US Post Office in Downtown Delray Beach Diane, I have talked with Evan Keller. Evan and his partner are willing to produce a business plan for presentation to the CRA Board. He has also agreed that any subsidy would be paid at the end of his first contractual year with the US Postal Service. The subsidy would only be paid if they did not make the agreed reasonable profit on their operation. The CRA would have complete access to their books. I would like to get a business to David Harden by Thursday afternoon. Can you provide an outline of the necessary components of a business plan to meet the CRA review? Please email directly to Evan. Thank you. Glenn Weiss, Program Manager and ArtWalk Director Loft Moore, Assistant Program Manager Pineapple Grove Main Street & ArtWalk NEW ADDRESS & FAX 104 West Atlantic Ave Delray Beach, Florida 33444 Tel: 561-279-9952 Fax: 561-276-8558 pineapplegrove~mindspring.com ..... Original Message ..... From: Pineapple Grove, Delray Beach, Florida To: David Schmidt Cc: Diane Hervey; Dawd Harden; Jon Levinson; Anne Gannon; Jeff Perlman; Alberta McCarthy; Colonna~ Diane; Pat Archer; Wilham Wood; Ma[iorie Ferrer; Rita Ellis; Shutt, Thuy; Nancy Stewart; Paul Dorling; Kathy Agu_ir_r_e; Dave Beynon; John McKenna; Dawd Beale; Cecelia Boone; evan@superpostal.com Sent: Thursday, October 24, 2002 11:57 AM Subject: US Post Office in Downtown Delray Beach Mayor Schmidt, Thank you so much for writing a letter last week to delay the US Postal Service in making a final decision. This week Diane Colonna and I met with potential CPU (Contracted Postal Unit) private contractor, Evan Keller. He and the US Postal Service have come to the end of basic negotiations. The US Post Office has offered an higher rate of return than they originally stated, but it is not high enough by 2% points for Evan Keller of SuperPostal in Boca Raton to turn a profit. This dollar amount is $30,000 short. I personally was impressed with Mr. Keller. postal services professional organizations. country. He has run SuperPostal for 11 years. He is highly engaged in He took the extra effort to visit the only known large CPU in the I talked with Dave Beynon, the owner of the Post Office building. He supports Mr. Keller's bid and will do the 11/1/2002 Page 2 of 2 minor modifications so that Mr. Keller can rent about 4,000 square feet. The rental cost offered is substantially below recent P~neapple Grove prices. Mr. Beynon continues to give back to the community by subsidizing non- profits like Women in the Visual Arts. Tonight the CRA will discuss whether the Board feels comfortable providing any subsidy to reach Mr. Keller's necessary rate of return. (Mr. Keller has provided his budgets and his willing to provide open book access.) The Pineapple Grove executive committee is also considering the same proposal. I believe this is our last chance to keep the US Post Office in Downtown Delray Beach. If Mr. Keller - a very experienced postal operator - can not turn a profit, than who can? I wish the US Postal Service would stay or a non-profit could step forward, buy these options are not available. To me a $30,000 subsidy for the first year of operation is worth the investment to Delray Beach. I hope during that year, Mr. Keller can find other products that the US Postal Service will permit him to sell. The Post Office has 1700 PO Box users and generates close to 200,000 visits a year. No event could be produced for $30,000 that would attract those numbers of Downtown No place serves such a economically and socially diverse group of citizens. If you or anyone else has questions, please call me on my cell phone: 561-512-1218. Glenn Weiss, Program Manager and ArtWalk Director Lori Moore, Assistant Program Manager Pineapple Grove Main Street & ArtWalk NEW ADDRESS & FAX 104 West Atlantic Ave Delray Beach, Florida 33444 Tel: 561-279-9952 Fax: 561-276-8558 pineapplegrove~mindspring.com 11/1/2002 NOV-l-2002 04:09P FROM:SUPER POSTAL A NEIG 56175067S1 TO:843719g P:2 www_. _5uperPo~J.~om 160 w. C_*m/nn. Real Bean Raion FL 33432 Tel, (561)750-6750 Fax (561)750-6751 November 1, 2002 Mayor David Scbmidt CITY OF DELRAY BEACH Diane Colonna COMMUNITY REDEVELOPMENT AGENCY Glenn Weiss PINEAPPLE GROVE MAIN STREET 104 W. Atlantic Avenue Delray Beach, FL 33444 Fax #: 561-2764558 561-243-7119 DearMayorandDirectors: Ira Jacobson and I have submitted a bid to the US Postal Service to run a Contracted Postal Unit from the existing Downtown Post Office locatio~ Unfortunately, the US Postal Service has offered us unprofitable contractual terms. We estimate our deficit at $26,916 for the first year of operation. Our estimated income will be $247,937.28 and estimated operational costs of $274,854.00. Additionally, lhe US Postal Service does not permit us to sell other shipping services and products that are the base of our profitability in our existing operations. At the recommendation of Glenn Weiss, we are requesting a one-year subsidy that will only be executed if we cannot make a profit At the end of the year, the contract administrator can review our books and determine if the subsidy is required. This would most likely be in January or February of 2004. The most direct way tO determine the subsidy is thc anticipated salary of thc two partners. We proposed that all direct expenses be subtracted from the total gross income. If that figure results in a salary of $25,000 each for the two partners ($50,000) total, then no subsidy is require& If not, then the subsidy would be applied to make up the difference up to a maximum of $26,916. ff something happens and we cannot fulfill the terms of the contract for the US Postal Service, then the subsidy would be prorated based on the number of months in operation, Our goal is to run a profitable business. We hope that in the next year that we cam discover other products and services +.hat we can sell on site to support the operation. NOV-1-2082 04:0gP FROM:SUPER POSTAL A NEIG 5G1750G751 TO:243Tlgg Attach~ is the business plan. This plan is has~ on our experience managing postal s~rvic~ businesses and our analysis of the Reedy Creek CPU in Orlando, a compamblc sized Ol~ration. ffyou have any questions or concerns regarding this matter, please fecl fi'cc to contact me at the phone number above. Sincerely, Cc: David Harden Pa~ ~ o fl4 Business Plan for Starlup Business Contracted Postal Unit Downtown Delray Beach DRAFT: November 1, 2002 OWNERS Business name: Tel~mne: Email: Evan Kcllcr Ira Jacobson 7744 Peters Road Plantation, FL 33324 561-750-6750, ext. 2# 561-750-6751 cvan~upcrpostai.com Page 2 of 14 I. Executive summary This proposed business is a very unique situation. It is for the conversion of a very busy, long established downtown Post Office to an independent Con,'act Postal Unit (CPU). What makes this situation so unique is that ~hcre currenffy exists a very large customer base. The produc~s, scrviccs, and location will remain the same. as will the customer base. Duc to the s~lc ~fthe premises that thc current PO now occupies, they have lost their lease. The new owner of the property has a long and established relationship with one of the principals of this business, and has approached same with the prospect oftaking over this facility to fill thc void that would be left in this community should the post office completely close up, We believe that a profitable private CPU is in the best interest of al! involved, and is a win-win situation for the community of Pincapp!e Grove and Downtown Dclray Beach, thc USPS, and tl~ CPU. The USPS typically pays a CPU 10% of Walk-in Revenue (WIR) or less. CPU contracts are also now "non-competing" for the USPS. In other words, CPU's can no longer offer any services products which theUSPS deems will compete with their own products or services. This highly restricts the ability of a CPU to generate additional revenue. The_ USPS feels that CPU's are beneficial to existing businesses as they help Io increase traffic to thai existing business. A good example of this is a card sto~e or a gift shop. By placing a CPU counter in the back of such a business, the business could hope to increase traffic in its esmbli~ and ultimately an increase in its core business. One might say that the business is relying on the USPS to increase the proFrls of its oore business. Hox~'ver, as stated above, this is · uaique situation. In this si~ualion, the USPS is relying on the CPU to take over an existing facility. There is no other core business at this location The faciU/y is laid om and dcsigncd for thc cx/ness purpose of offcrJng postaJ scrviccs Io thc public. It is a large and busy operation, and thus it is not practical to add unrelatcd d/vemitics and thc USPS will not permit any competing services. In our research, thc principals visited thc only similar facility to the one propos~cL The Reedy Creek Development Corp (RCDC) operates such a facility in Lake Buena Vista, Florida. We met with Reedy Creek executives who ovel~ee this operation, and we toured the CPU. _Ha~,Ai oll the information _provided, the RCDC CPU losses between $40K and $45I( per year. They receive a commission of 10% on WIR from the USPS. They also have fewer PO. Boxes, which means less sorli_'ng time and much less squaxe footage for the facility. We also noted that many customary expenses in running a business are covered by t~e RCDC administratio~ and~are not reftected in the operating costs of the CPU. The reality is, the CPU probably losses more than what RCDC acknowledges. Page 3 of 14 In addition to visiting RCDC, we also consulted with other CPU operators around the country. One of these consultants operates multiple CPU's. As a resuh of our research, we were able to project what we feel are very realistic costs and what commissions would be necessary in order to make a profit It was very clear to us that thc typical 10% comm/ssion on W[R and 33% commiss/on on PO Boxes would result in losses such as RCDC experiences. Based on information provided by the USPS, we believe that we need a commission of 15% on W]R and 33% on PO Boxes for us to make a pro/it The U$?S has agreed to pay a commission of 13%, failing 2% short of what we feel is ncces~. There is a discrepancy of neady $27,000.00 as a result. (See Page 9 and I0 for a detailed breakdown) In order 1o eom~ for this discrepancy, we have approached the City of Delray Beach for financial assistance. The City, along with the Pineapple Ch, eve Association and the Community Redevelopraent Agency are considering out request. We have agreed that if we are able to covet our costs (including compensation for principals) with the commissions paid by the USPS and any other diversities that we are able to develop, then the City will not have to pay us th/s subsidy. In order to detcrm_ine this, wc have agreed to allow the City to examine our books at th~ end of thc first year of operation. It is om ultimate desire to make this operation profitable on its own merits, thus avoiding the need for any subsidies. We hope to be able to continue to provide for many years the USPS products and services that the community has come to expect from this facility, and to provide a higher lever of service and customer satisfaction. As time goes on, we hope to be able to develop profitable diversities that will help ensure our longevity at tJ~is localiott Page 4 of 14 11. General Company Description The proposed business will bca Contract Postal Unit, first and foremost. We will offer the residents and businesses of downtown Dc]ray Beach/Pineapple Grove with the same goods and services that they have {~en accustomed to at the same location for many years. It is our hope and desire that the change from a USPS run facilit3t to a private enterprise is trans!mrent to the Mission Statement: To moot t~e pos~ needs of the downtown Delray Beach and Pineapple Grove communities by offering USPS goods and services at LISPS prices, and io "wow" the customers with, friendly, helpful service in a "hometown" environment. Company goals and objectives: Our goal is to serve thc downtown community for many years with USPS prices in a friendly environment while being able to realiz~ a reasonable profit based on USPS CPU commissions on walk-in-rovenue, Our Objective is to add additional profit c~niers over time that will serve the needs of thc commumty and strengthen our financial position to ensure longevity. Some such diversificalions are heavy, cratin~ custom packaging and freight services. (Only diversities that do not compete with thc USPS will be pgnnitted). Business philosophy: To provide an enjoyable experience for every customer visit. Target Market: Our target market is the existing USPS customer base at this facil/ty. Indust~: The post~._l induslty is currently under a great deal of dynamic change. The USPS is cxperi~g record losses due to consumer dissatisfaction, proliferation of email and electronic payments, the Anthrax attacks ot'2001, and compet/tion fi'om private industry (UPS, FedEx, etc.). However, we feel lhat thc increase in popularity of intcrnct shopping and onl/nc auctions will i~c~ease ~he demand for package shipping, freight, nad custom packaging. Strengths and core ~ies: We feel tim we will succeed due to our understanding of the industry, and our abiliiy to diversify i~o additional profit ocntc~ that tak~ advanta~ of ~hi$ changing ctwironmcttt. Our major competitive strengths will be our understanding and experimce that w~ have in working with the USPS. and our custom packaging, crating a~d fr~igtaing knowledge. Both co-principals nrc experienced in running tlm/r own private mail and parcel centers for a combination of nearly 20 years. We arc knowledgeable in the USPS regulations and services, as well as those of their competitors. Page 5 of 14 HI, Legal form of ownership: Corporation IV. Products and services We will be off,~ring all U.S. Postal Services that are currently available to the public at this location. This will include (but is not limited to) the sale of postage stamps, limited packaging supplies, money orders and postage for _parcels. We will also offer Post Office Box r_e~__t~!s. In addition to USPS goods and services, we hope to be able to diversify into non-competing services such as custom packaghtg, crating and ~eight/ng. Wc plan on remaining competitive inthis marketplace as ~ only USPS Contmci Postal Unit in this arch. We will be filling a major void that w/Il be left when lhe USPS losses it's lease on this facility. We also believe that the add/tion of packaghlg services will increase tl~ a~ to consumers to ship parceh at this facility. Our proposed freight services should also fdl the gap for packages that aze too large for the USPS system. The pr/c/ng for our USPS service~ will be dictated by the USP$. They ~! ~& ~ ~ a commi~i~ on "~k-~ R~en~" of 13%. O~ ~s~on on ~ ~xes ~!1 ~ 33%. Cm~ ~c~ ~11 ~ ~ ~ ~ ~s o~ mat~s c~ pl~ $40~ for l~r, F~i~fing ~ ~ ~ ~ md~d m~s c~g~ by ~e ~ers, ~ o~ ~ofit ~ng ~ ~ 5~/0 &~t ~ · ey e~end m ~ (w~l~e p~). We also are considering adding ~ "Parcel Receiving Services" for PO Box customers, Traditionally, the USPS only accepts letters and parcels that are sent through the US Mai!_'_. By offering Parcel Receiving Services, we will be able to accept parcels sent to PO Box customers and charge them per parcel. We are considering charging from $3.00 to $5.00 per parcel, depending on size. We will also impose a"storage charge" for any parcels left beyond a certain period of time. Storage Charges will likely start accumulating al~r one week, at a rate orS1.00 per parcel. Page 6 of 14 V. Marketing plan This facility currently bencrates approximately $1.5 million per year in Walk-In Rcvcnue. Walk- in Revenue arc sales that are processed at thc counter such as stamps and postage. Walk-in Revenue does not include HASH Sales such as Money Orders or Phone Card sales, but it would include any fee's charged for these. Walk-in Revenue does NOT include PO Box Rentals either. The USPS has refused to provide us with any "Revenue Reports", stnting that they are cxmfidential. Tl~eir initials annuals figures for this facility were in the $3 million per yenr range, but when we quest/~ th/s figure, it was adjusted to $I.5 million. Based on the number of counter clerks needed to nm this facility, we believe thc actual Walk-in Revenue may be closer to $2 mil]ion per year, but we continue to project as though it is ordy $1.5 million. Based on our calculat/ons, the ! 800 PO Boxes generate $160,416 per year in Revenue. While eondu~ng ou~ reseax~h, we ob~ined the fi~ial ~r~ ~m ~ ~ ~t is o~ ~ ~ ~ Creek ~elo~cnt Co.ration n~ ~i~, We ~r ~sit~ ~& R~ ~ ~ ~U ~ci~ ~t ~ ~. We ~ ~ ~~ m ~ ~th ~ RC~ ex~ufive ~t o~ t~s f~ili~, ~ well as thc m~cr of~ CPU. ~ on ~m~ m ~ ~, ~ ~1 ~t ~ relocation ~ ~c US~ ~ ~ ~ is f~rly ~, ~ ~y ~ ~ a "~~ ~o" ~n~on. This facility has long since been established, and based on the currcnt customer base, we feel little mm'kcling of this facility is needed. The USPS will do an initial Postcard Mailing to all addresses in thc sc~cc area. We plan on Marketing our additional packn~ng, crating and freighting services to the thousands of customers that walk into this facility every month with in-store promotions. We also plan on marketing these services by visiting the many lp~ler/es, antique and consignment shops in thc downtown area. Page 7 of 14 Economics After several prosperous years, the USPS has experienced staggering losses over the past few years. Most a~alyst attribute this to a variety of factors, including the increase in popularity of email, electronic bill paying, competition from private companies, and the anthrax attacks of 2001. In addition, poor management often receives a large part of the blame for these losses, and the USPS is currently under an aggressive restructuring plan. Despit~ the. se losses, the USPS still enjoys relatively little or no competition for first class mai/. Private carriers do offer consumers alternatives for express and parcel shipping, although the USPS is still pexceived b~ man!f to be the best value available. This proposed flu;il/I), is in a rapidly growing and revitalized market. Due to this facL it is believed thai the demand for the USPS services available from this facility will continue to grow. Page 8 of 14 We are asking for a subsidy from the foilow/ng entities to ensure our success over the first year in operation: City of Dclray Beach Pineapple Grove Association Community Redevelol~ncnt Agency S/nee we believe t~at the continuation ofth/s facility and its function is vfla/~o this community, we feel it is in everyone' s best interest to see that this venture is not a money losing operation. Unfommately, the USP$ is not willing to pay a commission high enough to guarantee this. Should this operation exceed our expectations through a combination of commissions paid by thc USP$ in W/R and in rev~ue gc~r~ted through diversification, the subs/dy that we are reque~/n~ may not be necessary. We propose open books for the above mentioned City entities so that they can examine ou~ books to determine if the subsidy will be ne~ssa~j after one year of opera, ion. Should revenucs from commissions paid on WIR and profits from diversifications allow us to mccl or exceed our expenses as outlined below; no subsidy will be needed from these entities. Thc expenses that need to bc covered are as follow: LABOR lvianager (Salary, taxes, benefits) $43,750.00 Clerk #1 $31,250.00 Clerk #2 $31,250.00 Clerk ~3 $31 Sorter $31,250.00 Pr/ ip a $2 ,ooo. oo Principal//2 $25,000.00 EQUIPMENT RENTALS Postage ]vietcrs $ 3,600.00 OFFICE SUPPLIES $ 2,000,_00 OPERATING SUPPLIES $ 2,000.00 OUTSIDE SERVICES & FEES $ 2,500.00 PROFESSIONAL SERVICES $ 2,000.00 R hrr $28,OOO.OO Computer/Copier/Fax $ 1,000,00 Facility $ 1,000.00 Janitorial/trash $ 4,900.00 TELEPHONE $ 2,654.00 UTILITIES Electric $ 2,000.00 Water $ 250.00 WARDROBE $ 500.00 INSURANCE $ 3,700.00 (compensagon for t/mc) (3 (~ $1200.00 each) Page 9 of 14 TOTALS $274,854.00 The USPS has agreed to pay commissions as follows: Walk-in Revenue = 13% PO Box Rentals '- 33% Based on information provided by the USPS, we project the following commissions to be paid over the first year: Walk-in Revenue: $195,000.00 PO Box Rentals: $52,937.28 TOTAL: $247,937.28 Tiffs results in an annual loss Expected Bamers: Low commission paid by the USPS. We have learned that it typically costs the USPS 25% of Walk-in Revenue to operate a retail counter. Do to lower expenses and absence of union labor, we feel we can be reasonably profitable at 15% on Walk-in Revenue. The low commission on PO Boxes means that the PO BOx _portion of the operation is a break-even at best after factoring in the cost of the real estate and labor to sort the mail. High Labor Costs. Labor costs are raised due to the necessity for 8-12 man hour~d~y needed to sort the mail into the PO Boxes. Competing Products and Services. The USPS will not permit us to offer competing shipping alternatives, such as UPS or FedEx. They also will not allow us to sell packaging supplies, which they claim will compete with their limited "Ready Post" linc. Insignificant Diversifications. We believe that selling insignificant diversifications such as greeting cards, photocopies, and faxes would prove to be a liability and a drain on our manpower. These are typical "ma//and parcel center" d/versifications that we currently offer at o~ other stores, but we do not feel that they will be successful in this operation. For starters, the USP$ requires dedicated staff for the manning of the CPU counters. This requires the establishment of septtrnle counters and personnel to oversee any diversifications. Copies and faxes are labor intensive, and we do not believe the cost involved will justify adding these services. On retail items such as greeting cards, we are concerned that the busy environmen! will only encourage theR ~md other loss of these items, which would eat away at arty potential profits. Page 10 off4 Ov~rcomm$ the Barriers: The primary barrier to success is the lack of commission paid by the USPS Typically, the max/mum compensation provided by the USPS is 10% on Walk-In Revenue. We Feel we need 15% commission on the WIR to be successful. Over time, we hope that our diversifications also help us to ensure a profit Product F~atar~ snd Beaefits Our Produc~s am all goods and services currently offered at this same location by the USPS. This includes stamps sold by thc piece, the book, and the roll. It also includ=s stamps sold in different denominations, and postage for ali classes of shipping, both domestic and international. services include PO Boxes, Cert'ffied Mai], Return RecoilS, Express_ Mail services, and Money Orders. cmm-s Customers will bc thc current customers at this established location. Customers arc both individuals and businesses, male and female, and encompass thc broad range of age, income lcve!, social class, and education It is our beJiefthat th/s location currently draws customers &om A-I- A on the east to 1-95 on th~ west, and flora Woolbfight Road on the north side to south of Linton Blvd. Wc lx~pe tbat our diversification of freigl~ crating and custom pacimg/ng will draw offofthis same customer base. In our experienc~ in the pack and ship industry, w¢ know that many customers p~efe~ a "one stop shopping" experience for their packaging and shippi_ng _r~eds. Realizing this, the USPS had attempted to ~blish "pack and ship" operations at many Post Ol~ces in the 1990's. However, tttey w~r~ forc, exl to abatuton this operation due to pr~ssur~ plac~d on ~h~n by rig U.S, I~gislatur~ when private businesses accused tbs US?S ofurffair competition, l~ing a private entity, w~ will not hc prohibimd from adding these s~wices. Wc further hope to mnrk~ our freight, crating and custom packaging services to thc many establislnnents along Adantic Avenue and the surrounding areas that specialize in selling furniture, artwork, and other larg~ items. We f~l that over ting, this will become a very profitable diversity. Comoetition Thc current Post Office at this location ~w~y compctr, s against thc same competition that we expect to compete against. The clot, cst competition is a Mailboxes, Etc that is located on Atlantic Avenue and the ingrcoas~. Page 11 of 14 MBE is now owned by UPS, and encourages customers to ship via UPS. Before they were purchased by UPS, they hnd a "tesf' program with the USPS whereby would sell books of stamps at cost and charge their normal markup on other postage. Industry insiders believe that now that MBE is owned by UPS, this "test" program will not be renewed. Thus, MBE will be charging more for all posutge -/nclud/ng books of stamps. Customers who value a convenien_ce service may still seek alternatives such as MBE. However, we feel we will be the preferred choice of customers who are seeking a combination of value and service. Them are o~her independent ma/I s. nfl parcel centers in O~e Delray Beach area. Sus~ as we do not feel the MBE will be competition for us, we do not believe these other MPC's (nor any other's that might estabii~h at a l~ter d~te) will be competition for us. No independent MPC has the ability to compete against us on a pricc basis, and we feel our customer service exper/ence will permit us to provide a customvr exl~rience that can not be ma~hc~l. The combination of price and ~ervice will make u~ a very ~ix'dctive option for customers. TaMe I: Competitive Andysis (1 - trtticak 5 - not very imlmrtanO Since MBE is now owned by UPS, we feel that they will be as limited to products as we are. We will be selling USPS products, and MBE will be selling UPS products. Since we will be selling at USPS actual prices, we feel we will have an advantage over MBE, which we expect will be selling UPS services at the new "LIPS Retail Rates". UPS Retail Rates are considerably higher Page l2ofl4 than UPS published rates. However, the perceived Quality of USPS products is somewhat less than that of UPS and other private carriers. Despite this, we feel it is important to point out that this location currently handles over $1.5 million a year inUSPS services. We feel that the level of Service that we offer to the consumer will be as good if not better than what MBE can offer. Both principals and the manager have extensive experience in the mail and packa~ng industry, and we are all customer oriented. We are confident that our level of service will be considc'rably higher ~han what custom_ers are _ _a~_ _u.~__m~d lo ~ this loc~or~ Reliabili~ of USP$ services is somewhat questionable. UPS unquestionably has a superior track record of reliability. However, again it is importam to point out that this location does a heavy volume oFUSPS services despite this reliability problem. Slability of both our current businesses and the USPS is very good, however this is r~ likeiy.a very imporUmt factor to the consumer. Our Expertise is unsmpassed, and we feel this knowledge will become evident to the consumer and be a very important factor. Customers will come to know us as shipping consultants, and th~-y will value our c~. Comlmny Rcputa~tion is, we believe, another important factor. MBE has developed a rcputa6on of being a high-priced air, retire in thc markctpl~t,c, while the USPS is lmown as the low-priced option. This is particularly importsnt to the increasing number of intcm~ and cBay sellers/shippers. Loca6on is a major f~ct~r in this opem6on~ Thc current f.e, ili~y is centrally located in the imm of the downtown ar~ ~mongst a mixture of residential, rel~il and commemial businesses. The MBE is located on the e~mrn edge it'this community, m~n§ it a less accessible location. MBE's .re known for their appearance, but we do not feel this will b~ an important _ factor for customers. We also feel thai our Sales Methods will be better received by customers. MBE's have a reputation ofhigh-pressurc s~les and customers tend to perceive tht~ negatively. We feel ~ w~~ will be our strcngt~ Since we will not be extending credit to custom, rs, this is one area tl~ MBE will ex~! in. ^gain, despite this, thc current PO at this loc~ion has r~ortcd s~lcs in excess of $1.5 million. ^dw-nising for the CPU will be provided initially by the USP$ with direct mailers. We tee! ~ in-nore promotiom to the tho,tam& of current monthly customers will be a very affective way to cross-sell our services .nd diversifications. Finally, MBE l~s ~ v~ry impressive "image" ns opposed ~o the USP$, however, this again is not a major consideration for consumers. Niche Our niche will be the consumers a_rg!_ businesses thnt are concerned with price and want friendly, helpful and knowledgeable service. Stratelv Our strategy is to continue offering the services that are now available at this location to the consumer, but with much friendlier and more efficient employees to make this a more enjoyable experience for the consumer Furthermore, we hope to use the "caplured audience" approach for in-store promot/ons of the divers/t/es that we expand into. Page 13 of 14 l'rieing Our retail prices for USPS goods and services will be priced by the Post Office. We will hav~ no fl~xibility in this. Our packaging prices will bc as previously described: charging two-times for materials and adding on labor at $30-40/hour These are within industry standards. We also plan on cl'atrging PO Box customers for receiving of non-USP$ mail and parcels at $3/package, as well as storage charges. Freight shipping prices will be set at standard carrier retail rates. A 50% markup on these prices is possible due to discounts extended to us by the carriers. Log~ioll The location for this business will be the existing PO facilit~ in Pineapple Grove. This is essential for the following reasons: - customers are famffiar wi~h receiving these services at this location it is a convenient location in th~ heart of Downtown Delmy Beach - ~hc locaaion has ample parking, including b. imdicap spaces - customers know what to expect from this location Distribution Channels Products and services will be sold in a re, il environment, by our own staff. Sales Forecast The PO has determined that the sales for this location is approximately $1.5 million/year. Original estimates were in the $3miilion/year range, and we believe that the 1.5 mil figure may be a very conservative figure. Unfortunatcly, thc PO will not permit us to inspect their revenue reports for this location to verify these numbers. We did compare aspects of this facility to that of the CPU operated by the Reedy Creek Development Corp, and believe that the sales for th/s facility should be in the $I.5 million to $2 million per year range. This is Walk-in Rcvcnug only, and does not include revenue from PO Boxes. However, we believe that tbe PO Boxes will be a break even at best, and lherefore they are a non-factor. We do not have projections for our diversifications, since we believe we will have to focus on the USP$ services the first year. While we do belicvr we wilt receive revenue's from the diversifications, we cio not believe tt~y- will be significant the first year. Page 14 of 14 VI. Operational Plan The CPU will be operated as close to a USPS Retail Counter as possible. The USI~ will provide training to insure this. Diversifications will have a separate counter, as per the USPS contract and wilt have separate employees. We believe we wilt require 3 counter personnel at the CPU counters, ] employee to sort mail for the PO Boxes, a manager who will be available to relieve coumer personnel on breaks (or vacations) and to help om during busy ~im~. This manager w~ll also cover tho "diversification counter" at the beginning and help sort out mail on busy days. Finally, each oftbe two ia'mcipaPs plan on spending a mia/mum of 10 bouts per week at the operatior~ £1TY DELRAY BER£# DELRAY BEACH NI-AmedcaCity TO: 1993 2001 FROM: DATE: lO0 N.W. 1st AVENUE MEMORANDUM City Commission David T. Harden, City Manager November 4, 2002 DELRAYBEACH, FLORIDA 33444 561/243-7000 SUBJECT: EVALUATION OF DEVELOPMENT PROPOSALS FOR THE BARWICK ROAD PROPERTIES Attached are two documents which provide additional information to assist you in evaluating the four proposals we have received for the development of the Barwick Road properties. The first is a letter report from Mr. Richard Durr, the individual who prepared our Parks Master Plan. He evaluates the park layout for the four different proposals. Second is a staff report created by staff of the Hillsborough County Board of County Commissioners on Community Development Districts. This seems to be a good evaluation. Based on my previous discussions on Community Development Districts, however, they appear to be more useful in counties than in municipalities. This may have influenced the perspective of Hillsborough County staff. That is because many municipalities have higher standards for infrastructure than counties. Therefore, a Community Development District in a county may be used to provide infrastructure above and beyond the minimum required by County Land Development Regulations. That is not always the case, however. I have added a Table of Contents in case you don't wish to read through the entire report. We have also consulted with our Financial Advisor concerning the interest rate on 30 year Community Development District bonds. They tell us that the current interest rate on CDD bonds would be about 7% with an underwriting spread of $15 per bond. In comparison, the current rate for a City bond would be about 5% with an underwriting spread of $5 per bond. In other words, it appears that the interest rate on a 30 year first mortgage would be less than that on a CDD bond issue. DTH/gb Attachments U:\CM memos\Commission re evaluation of development proposals.doc THE EFFORT ALWAYS MATTERS Prlnted on Recycled Paper TABLE OF CONTENTS Background Discussion Establishment of a Community Development District Powers of Community Development Districts Revisions to the Statutes Monitoring of Community Development Districts Benefits and Disadvantages of CDDs Incorporation Review and Dissolution of CDDs General Authority to Enforce Chapter 190 Page # 1 1 2 3 5 5 6 9 10 11 SUBJECT: DATE: PREPARATION DATE: Workshop CDDs May 23, 2001 May 1, 2001 TRM BACKGROUND As directed by the Board of County Commissioners (BOCC), the purpose of this workshop is to provide an overview of Community Development Districts (CDDs) in Hillsborough County and to examine them in terms of perceived benefits and disadvantages and the Board's oversight capabilities. This report was prepared by the Planning and Growth Management Department in consultation with the County Attorney's Office and Debt Management Department. DISCUSSION Community Development Districts are independent special-purpose units of government established under Florida Statute Chapter 190 adopted in 1980. Their main role is to provide project infrastructure and fund ongoing services and maintenance of infrastructure once complete. They have the power to issue tax-exempt bonds, to collect fees, and to levy lienable assessments or ad valorem taxes against properties within the project for repayment. Prior to 1980, the infrastructure within many large projects was funded by special taxing districts. Since 1988, sixteen CDDs have been established in the unincorporated portions of Hillsborough County. One of the CDDs, the Eagles, was dissolved shortly after it was established, and Heritage Isles was annexed into the City of Tampa, leaving 14 remaining CDDs in the County. There are 5 CDDs in the City of Tampa: Cory Lakes, Tampa Palms, Tampa Palms Open Space and Transportation, Arbor Green, and Heritage Isles. The CDDs in the unincorporated portion of Hillsborough County are shown on the attached map (Attachment A) and listed in the table below: ti CDD LOCATION SIZE YEAR (acres) ESTB. 1. Parkway Center N. of Riverview Drive, S. of Progress Boulevard, between 78th 617 1988 Street and 1-75. Within DRI# 146. 2. Cheval West S. of Lutz Lake Fern Road, W. of Dale Mabry Highway 888 1990 3. Westchase W. of Sheldon Road, N. of Linebaugh Avenue 691 1990 4. Palm Bay S. of Hillsborough Avenue in Bayside East, at Bayport Colony 59 1993 5. Westchase East W. of Sheldon Road, N. of Linebaugh Avenue 972 1995 6. Lake St. Charles W. of U.S. 301 and E. ofi-75 and 2 miles S. of Bloomingdale 422 1995 Avenue 7. Fishhawk S. of Alafia River, S.W. of Lithia Pinecrest Road, E. of Bell 976 1996 Shoals Road. Within DRI# 191 8. Citrus Park Mall E. of Sheldon, N. of Citrus Park Drive. Within DRI # 145 231 1996 9. Heritage Harbor 1 1/2 miles W. of Dale Mabry Hwy. with approximately 1 mile of 546 1997 fi:ontage on Lutz Lake Fern Rd. Within Lake Ruth Ranch. 10. Covington Park E. of U.S. Hwy. 41, S. of Big Bend Rd. Within Southbend Dill 242 1999 #145 11. Harbor Bay N. of 19th Avenue, W. of U.S. 41, Within DRI# 241 765 1999 12. Rivercrest E. of U.S. 301, S. of Symmes Road, W. of Balm Riverview Rd. 413 2000 13. Water Chase E. side of Nine Eagles Drive, N. of Racetrack Road 473 2001 14. Park Place S. side of Race Track Road, N. ofWestchase, E of Countryway 328 2001 SUBJECT: DATE: PREPARATION DATE: Workshop CDDs May 23, 2001 May 1, 2001 TRM I I o I Boulevard and W. of Ed Radice Park I I I The CDDs in Hillsborough County range in size from 59 acres up to 976 acres, with a mean size of about 545 acres. The majority of Hillsborough County's CDDs are mixed-use developments of a primarily residential nature. Two exceptions are the Parkway Center CDD which was established as a mixed-use development with primarily light industrial and office and hotel uses and the Citrus Park Mall CDD which is entirely commercial. However, since its initial approval, the Parkway Center Development of Regional Impact and zoning have been amended to permit consideration of a residential mixed-use development component. Chapter 190 is the enabling legislation which permits the creation of CDDs. Chapter 190.05 (1)(a), Fla. Stat., requires a proposed timetable and cost estimate for construction of infrastructure and other services within the district. The timetable and cost estimate are submitted to the Board of County Commissioners as part of the initial petition to establish the district. These estimates are not binding, but are evaluated to determine if they are realistic estimates. In Hillsborough County petitions to establish CDDs have estimated that over 250 million dollars would be required to finance the infrastructure envisioned for the CDDs. Some CDDs have not issued all of the bonds they intended to issue. ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT o At the time of filing a petition to establish a CDD, the petitioner must pay a filing fee of $15,000 to the County and submit a copy of the petition to the County and to each municipality affected. The petition is then reviewed by staff of the appropriate departments within the County including: The County Attorney's Office, the Planning and Growth Management Department, the Planning Commission, the appropriate Engineering Sections related to the provision of infrastructure, the Management and Budget Department, and other agencies as appropriate. Staff is asked to review the petition in light of the six factors contained in Section 190.005(1)(e)1-6, Fla. Stat. These six factors are as follows: · Whether all statements contained within the petition have been found to be true and correct; · Whether the establishment of the district is inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan; · Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; · Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district; · Whether the community development services and facilities of the district will be compatible with the capacity and uses of existing local and regional communities; and · Whether the area that will be served by the district is amenable to separate special district government. It is not difficult for major developers to comply with these criteria. They are the only criteria established by the law. Consequently there is a potentially accurate perception by many in local government that their role is limited in terms of reviewing CDDs. SUBJECT: DATE: PREPARATION DATE: Workshop CDDs May 23, 2001 May 1, 2001 TRM When a petition for the establishment of a CDD is filed with Hillsborough County and in accordance with the provisions of Chapter 190.05 (1)(a), Fla. Stat., the petition must include the following: · A metes and bounds description of the boundaries of the district; · The written consent to the establishment of the district by the owner or owners of 100 percent of the property; · A designation of five persons to serve as the initial board of supervisors; · the proposed name of the district; · A map of the proposed district showing existing water and sewer lines, and outfalls; · A proposed timetable for construction of district services and the estimated construction costs (these estimates are not binding and may be subject to change); · A designation of the future land uses within the district according to the future land use element of the effective local general-purpose government comprehensive plan; and · A statement of estimated regulatory costs including an estimate of the government costs to enforce the CDD. o Staff makes a recommendation to the Board to grant or deny the petition based on the outcome of the review described above. If the BOCC chooses, they have the option of transferring a CDD petition to the Florida Land and Water Adjudicatory Commission for approval or denial, within 90 days of receiving the petition. POWERS OF COMMUNITY DEVELOPMENT DISTRICTS 10. CDDs have all of the necessary financing powers to provide and maintain infrastructure. However, all planning, environmental, land development laws, regulations, and ordinances of the general purpose government apply to the development of the land within the CDD. 11. CDDs do not have the power to adopt a comprehensive plan, building code, or land development code. A CDD does have general powers, including, but not limited to, the following: ao To lease to or from any person, firm, corporation, association or body, any projects of the type that the CDD is authorized to undertake (see below), and facilities or properties of any nature for use by the CDD in carrying out any of the purposes authorized by the Act. bo To exercise the power of eminent domain pursuant to the applicable provisions of State law, over any property within the State, except municipal, county, State, and federal property, for the uses and purposes of the district relating solely to water, sewer, district roads, and water management. In order for the CDD to exercise the power of eminent domain outside the boundaries of the CDD, prior approval by resolution of the governing body of the county is required. c. An elected board shall have the power to levy and assess an ad valorem tax on all the 3 SUBJECT: DATE: PREPARATION DATE: Workshop CDDs May 23, 2001 May 1, 2001 TRM taxable property in the district to construct, operate, and maintain assessable improvements; to pay the principal of, and interest on, any general obligation bonds of the district; and to provide for any sinking or other funds established in connection with any such bonds. An ad valorem tax levied by the board for operating purposes, exclusive of debt service on bonds, shall not exceed 3 mills, except that a district authorized by a local general-purpose government to exercise one or more powers specified in s. 190.012(2) may levy an additional 2 mills for operating purposes, exclusive of debt service on bonds. The ad valorem tax provided for in the CDD shall be in addition to county and all other ad valorem taxes provided for by law. Such tax shall be assessed, levied, and collected in the same manner and same time as county taxes. The levy of ad valorem taxes shall be approved by referendum when required by the State Constitution. do To exercise all of the powers necessary, convenient, incidental or proper in connection with any of the powers, duties, or purposes authorized by the Act. 12. In addition, CDDs have special powers to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain the following basic infrastructure: · water management and control; · water supply; · sewer and wastewater management; · bridges and culverts; · district roads; · "projects" for concurrency and other reasons under certain outlined conditions; · transit facilities including buses and bus shelters; and, · conservation, mitigation, and habitat areas. 13. With the consent of the local general-purpose government, the CDD board has the option to exercise other special powers to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for the following: · parks and facilities for indoor and outdoor recreational, cultural, and educational uses; · fire prevention and control; · school buildings and related structures · security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; · control and elimination of mosquitoes; and · waste collection and disposal. 14. Each CDD is supervised by a five member board of supervisors. Initially, board members are elected by the landowners of the district in CDDs where no ad valorem taxes are to be assessed. If it is the intent of the CDD to assess ad valorem taxes, the initial board is then elected by all of the qualified electors in the district. Landowners continue to elect board members in the non-taxing districts for six years in CDDs under 5,000 acres, and for ten years in CDDs exceeding 5,000 acres, after which time the board is elected by the qualified 4 SUBJECT: DATE: PREPARATION DATE: Workshop CDDs May 23, 2001 May 1, 2001 TRM electors of the district. The board is authorized to carry out all of the legal powers of the CDD. REVISIONS TO THE STATUTES 15. Florida Statute s. 190.004 was revised effective July 1, 1999. The new requirements of the revised statute are summarized as follows: g. mo no Sections 190.006 through 190.041 of the newly revised statute are now the exclusive charter for all CDDs applied for after July 1, 1999. Special Assessment Districts may petition to be CDDs without paying a fee. The CDD Board of Supervisors can select any date in November to hold a board election. They were formerly locked into the first Tuesday. A CDD office, all CDD records, and CDD meetings may be held within the boundaries of a DRI or Florida Quality Development (FQD) that contains a CDD, rather than within the legally defined boundaries of the CDD itself. The category of basic infrastructures that may be financed within a CDD has been expanded to include: (I) Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signs (II) Conservation areas, mitigation areas, and wildlife habitats including purchase of real estate and maintenance of plant and wildlife species Special assessments are considered non-ad valorem expenses Special assessments are considered liens until paid and are equivalent to State, County, municipal, and school board liens The requirement to advertise for bids formerly applied to any service or product exceeding $10,000 and it has been changed to conform to the categories and bidding requirements defined in s. 287.017 and s. 255.20 of the Florida Statutes. Filing of a petition to amend a boundary by a CDD Board of Supervisors is considered to be equivalent to the consent of existing landowners within the established boundaries of the CDD A CDD approved by County or municipal ordinance cannot be amended by more than 50% of the original area of the initial CDD Approval of a CDD merger agreement by the Board of Supervisors constitutes approval by landowners within the district Only the initial purchaser of property within a CDD must be notified that it is part of a CDD and must comply with the taxes and assessments included therein. A "notice of establishment of a community development district" must be recorded in the property records within 30 days of adoption of the ordinance by the County. The notice will include a legal description of the district and a copy of the disclosure statement that is provided to initial purchasers of property within the CDD All CDDs in existence must file a notice of establishment of a community development district within 90 days of the establishment of the revised statute MONITORING OF COMMUNITY DEVELOPMENT DISTRICTS SUBJECT: DATE: PREPARATION DATE: Workshop CDDs May 23, 2001 May 1, 2001 TRM 16. CDDs are not monitored by the County on an annual basis in the way that Developments of Regional Impacts and Development Agreements are through the review of annual reports. However, CDDs are required to submit an Annual Financial Audit Report to the County pursuant to Florida Statutes 11.45 and 189.418. These reports are received by the Clerk of the Circuit Court and filed in Board Records. Additionally, CDDs must abide by the "sunshine laws" and publicize their board of supervisors meetings. 17. The State Department of Community Affairs has the responsibility to track all special districts, including CDDs, through the Special District Information Program (SDIP). The SDIP is more of a tracking entity than an oversight agent and is limited in its role as it has only two staff positions to track all of the special districts in the state. The SDIP primarily acts as a clearinghouse for special district information and maintains a computer database that lists all special districts within the State. The SDIP and The Official List of Special Districts can be accessed via the world wide web at www.dca.state.fl.us/fhcd/programs/sdip. 18. All special districts including CDDs are required to submit an Annual Financial Report and Annual Financial Statements with the State Department of Banking and Finance. The Department of Banking and Finance receives the reports and enters data from them into a database. Additionally, special districts with expenditures or revenues that exceed $50,000.00 must file an Annual Financial Audit report with the Auditor General. BENEFITS AND DISADVANTAGES OF CDDs 19. In June of 1997, the Florida Atlantic University/Florida Intemational University Joint Center for Environmental and Urban Problems (The Joint Center), researchers completed a study on the Community Development Districts in Florida. They found that Florida's community development districts are working mostly as intended by the legislation. The ability to finance development through tax-exempt bonds is an attractive option to developers and allows them to construct infrastructure concurrent with development. They concluded that the process of CDD formation and compliance with the law are well established and that the board of supervisors' hearings and their records are open to the public. They found that most CDDs are financially sound, although there were a few exceptions. The report did point out that a disadvantage to CDD formation is that they add more units of government to an already complex, multiple, and fractured system of governance. 20. Another concern expressed by the Joint Center related to oversight is the lack of specific data regarding the benefits and cost ofa CDD. Since there is no agency that specifically monitors CDDs, the data that documents their benefits and cost is really limited. 21. The researchers from the Joint Center were unable to determine conclusively who benefits by allowing developers to finance construction through tax-exempt bonds. Paragraphs 22 through 25 below describe the undefined variables that prevented a precise determination of benefits. 22. A major incentive for a landowner/developer to seek approval ofa CDD is to garner lower- SUBJECT: DATE: PREPARATION DATE: Workshop CDDs May 23, 2001 May 1, 2001 TRM 23. 24. 25. 26. cost financing (relative to other developments) by issuing tax-exempt bonds that carry lower interest rates. These savings can be substantial. However, the estimated savings available after overhead costs are subtracted is unknown. A savings may be realized due to lower cost financing and the offset of the overhead costs related to legal, administrative and management functions. CDDs allow developers to fund infrastructure which otherwise may not be cost feasible to undertake. The reduced cost of infrastructure financing can provide the developer important flexibility to spend money on other needs such as environmental preservation efforts. The developer clearly benefits from having access to otherwise precluded financial markets. A CDD system of financing and management under Chapter 190, Fla. Stat., requires financial disclosure, competitive bidding, open meetings, and accessible records, all of which generates significant documentation. Through the competitive bidding process and required documentation, the developer incurs greater scrutiny and regulation. With regard to home buyers it appears that a major benefit of buying in a CDD community is that the infrastructure will be in place when it is needed and it is likely to be maintained. There is no quantitative evidence that a home in a CDD will cost any less than a home in a conventionally financed development or that facilities are of a higher quality. The CDDs within Hillsborough County are all associated with quality developments. It is most likely that both the buyer and the developer share the benefits. However, the proportionate shares are unknown. Prior to the 1999 Statute changes, a concern for home purchasers was that they may have been unaware that they were paying for the infrastructure while they occupy their home rather than having it included in the purchase price of the home. They may have believed they were buying a property, with a comparable cost to homes in other developments, only to discover that they may have to pay more for improvements to their community via "special assessments." As discussed above, the 1999 changes to the Fla. Statutes regulating CDDs require the initial homebuyer be notified that development of infrastructure is being funded by a CDD with reimbursement usually through a special tax assessment. Additionally within 30 says of the establishment of a CDD, the district is required to record in the property records the legal description of the district along with the disclosure statement that is provided at the time of the initial purchase. Nonetheless, home purchasers may not fully appreciate the information presented regarding the CDD. Another concern related to homeowners in CDDs is that Hillsborough County collects the assessments and therefore they may believe the County is responsible for providing the service that is to be the responsibility of the CDD. There are primarily three altematives to funding services and facilities for communities: County Financing, in which the local govemment, the County, is responsible for the management of the construction and maintenance of infrastructure. The County incurs the costs of construction and maintenance through its general revenue or the issuance of additional debt. These costs are borne by all County residents. SUBJECT: DATE: PREPARATION DATE: Workshop CDDs May 23, 2001 May 1, 2001 TRM 27. 28. Private Conventional financing in which infrastructure is financed through conventional bank financing or a combination of private financing and equity financing. Private financing through the conventional method can be difficult to obtain and will carry a higher interest rate than CDD financing. The result may be a product that is less affordable or a decrease in the level of services provided. Community Development District in which a mechanism that employs a combination of public and private entities is used to finance, construct, maintain and mange community services and facilities. Interest rates are lower than what is available to private developers outside of CDDs. The CDD incurs the costs of issuing the bonds to finance the construction of the infrastructure, oversees and manages all phases of construction and maintains and manages the improvements. All costs are borne by the property owners within the district and county general funds are not used. When local governments bear the sole responsibility for providing community services and facilities, the result is often an overburdened source of funds. In California for example during the 1980s, the voters passed a referendum, known as Proposition 13, to provide relief to homeowners from ever-rising property taxes. As a result, local government funding sources to build public facilities was greatly reduced and hardly enough to support the State's growing infrastructure needs. In response, legislation was passed in 1983, known as the Mello-Roos Act, to allow for the establishment of Community Facilities Districts (CFDs). Like Florida's CDDs, these districts allow the developer to finance the development of new facilities and services within the boundaries o fa specific district by issuing bonds to pay for those facilities and services. In California, these services extend beyond basic infrastructure such as roads and sewers and include services such as schools, police and fire protection and libraries. Subsequent to the study prepared by the Joint Center and the changes in State law, a series of articles appeared in the Orlando Sun Sentinel in October 2000 that set off the debate over the legitimacy of CDDs. The articles pointed to apparent conflicts of interest and inflated land and infrastructure costs associated with several Central Florida CDDs. Other issues raised in the articles include: · Inflated land acquisition costs in which governing boards of CDDs purchase land from private developers at a price that far exceeds the value assessed by the property appraiser · Potential conflicts of interest in which members of the goveming boards are either employees of or business associates of the developer of the CDD · Little or no oversight of the expenditure of funds from local elected officials or from the State · Voting rights of the CDD are determined by the majority of landowners (in some cases at the start of a project there is typically one landowner, the developer) · Typically, a five-member district board governs the CDD for the first six years after its establishment, before a conventional elections take place · The purchase of previously constructed improvements directly from the developer pre- empts the required public bidding process SUBJECT: DATE: PREPARATION DATE: Workshop CDDs May 23, 2001 May 1, 2001 TRM Inflated rates and fees charged by the companies that underwrite the bonds The restriction of the use of amenities paid for with the proceeds of tax-exempt bonds such as parks by residents other than those within the CDD The articles also cited the following as benefits: · CDDs help build large-scale, high-quality communities that add to local property tax rolls · The popularity of CDD communities as indicated by sales statistics · Developers pay down much of their bond debt by building it into the sales price of the homes, and pass along only between 25 and 33 percent to consumers in long-term assessments 29. Many of the perceived disadvantages of CDDs appear to have been generated by the above referenced articles. While the articles focused primarily on CDDs in Central Florida, two in Hillsborough County were named specifically - Cory Lakes and Arbor Greene. Both are located within the City of Tampa. Staff contacted the Special District Information Program (SDIP) administrator at DCA and inquired about any complaints received regarding the operation of CDDs and was referred to the newspaper articles. A telephone interview with the program coordinator revealed no written complaints for CDDs in unincorporated Hillsborough County. While staff research did not result in quantitative findings to compare the efficient provision of infrastructure by non-CDD projects, it appears that the CDD process in unincorporated Hillsborough County is successful. The process provides an alternative to using County general funds in the delivery of services and facilities to the districts that benefit directly from them. Through the establishment of a CDD, the district incurs the cost of issuing the bonds that finance the construction of the necessary infrastructure; bears the financial risk and obligation to repay the bonds; oversees and manages all phases of its construction; and bears the responsibility for the maintenance and management of the improvements and common areas. 30. Staff believes that the fundamental goals of the State law appear to remain valid. The newspaper articles, however, suggest two possible revisions to the State law to address the issues raised: Shift control of district boards from developers to local elected officials and planners Require that all bond debt on any home lot be built into the sales price rather than paid through annual assessments INCORPORATION 31. Upon attaining the population standards for incorporation contained in s. 165.061 (ie: at least 5,000 residents in a County the size of Hillsborough County), any district wholly contained within the unincorporated area of a county shall hold a referendum on the question of whether to incorporate. However, any district contiguous to the boundary of a municipality may be annexed to such municipality pursuant to the provisions of chapter 171. SUBJECT: DATE: PREPARATION DATE: Workshop CDDs May 23, 2001 May 1, 2001 TRM REVIEW AND DISSOLUTION OF CDDS 32. Florida Statutes Chapter 189 provides general provisions regarding special districts. A CDD is an independent special district, as defined in Florida Statutes Section 189.403 (3). Section 189.428 purports to provide for an oversight review process of special districts. This Section states that "[a]ll single-county independent special districts may be reviewed by a county or municipality in which they are located or the government that created the district." The final report "should serve as the basis for any modification to the district charter or dissolution or merger of the district." Fla. Stat. Sect. 189.428(7). 33. The reviewing government must consider the report in a public hearing. As mentioned above, the report is to be used to consider whether to modify a district charter, dissolve a district, or merge a district. However, Florida Statutes Section 190.005 prohibits a county or municipality from enacting any ordinance that would modify the charter of a CDD, as the charter is set forth in Sections 190.006 through 190.041. Moreover, Florida Statutes Section 189.4031 recognizes that "the exclusive charter for a community development district is the statutory charter contained in ss. 190.006 through 190.041 ." Thus, the report may not be used by the reviewing government to modify the charter of a CDD. 34. If the report is adopted, Florida Statutes Section 189.428 (8) allows the reviewing government to proceed with the legislative merger or dissolution of the special district. Although Florida Statutes Section 189.4042 would allow the County to dissolve or merge any special district the County created by ordinance, this section expressly does not apply to CDDs. Therefore, Florida Statutes Section 190.046 has always provided the procedure to follow if the Board of County Commissioners wished to dissolve a CDD. 35. Specifically, if the Board of County Commissioners wished to dissolve a CDD, the Board would have to adopt an ordinance to transfer to the County all of the specific CDD services that the CDD is authorized to perform. The ordinance must follow non- emergency enactment procedures and requires a public hearing. If the Board adopted the ordinance, the BOCC would have to assume and guarantee the district debt that is related to the services. The Board would also have to demonstrate its ability to provide such service as efficiently as the CDD. 36. If the CDD objected to an ordinance that would dissolve it, the CDD would be able to file for review of the ordinance in Circuit Court. The Circuit Court would review the legal and factual basis for the ordinance, including the County's findings that it would be able to provide all services more or as efficiently as the CDD. If the ordinance was upheld, then the CDD would terminate according to a plan of termination adopted by the board of supervisors of the CDD. 37. Florida Statutes Section 189.428 does not confer the authority upon the County to 10 SUBJECT: DATE: PREPARATION DATE: Workshop CDDs May 23, 2001 May 1, 2001 TRM dissolve a CDD located exclusively within and created by the City of Tampa. Further, Hillsborough County would have no authority to dissolve any CDD, created by Hillsborough County but now located exclusively within a municipality, without following the procedure specified in Florida Statutes Section 190.046. Notably, Hillsborough County would still have to demonstrate an ability to supply services to the CDD. Moreover, based on Hillsborough County's Charter, the County could not enact an ordinance to dissolve the CDD in conflict with any ordinance enacted in the City. GENERAL AUTHORITY TO ENFORCE CHAPTER 190 38. Florida Statutes Section 190.041 provides the procedure to enforce the provisions of Chapter 190. Specifically, the section provides that the governing board of the CDD, or any aggrieved person, has the right to any recourse in law or equity that is necessary to obtain compliance with Chapter 190. That is, any aggrieved person has the right to seek injunctive or other relief in court to prevem any person from violating the laws governing CDDs. F:LPDM~GROUPS~PLANS\CDD~BOCCWS-050901.doc- revised November 4, 2002 11 FROM :OFFICE DEPOT 211S FAX NO. :56i7~06650 Nov. 04 2082 LI:~gRM P4 November 4, 2002 Mr. Joe Wel~n Parka & Roor~tion Department 50 NW 1 st Avenue Delray Beach, Fl. 33444 Telephone: (561) 243-T25 t F~: (561) 243-7268 "Cit~ nf Delrny Bench/Development Plans Review" Durr and Assoeiaten Project #2013.01 Dear Mr. Wcldon: Based on a review the four submitted responses to thc City's RFP 2002-32 - spe=ifieally addressing the parks component of each submittal - I would recommend that the propo~ls submitted by Westbrooke Companies, [ne. and the submittal knovm as Bexley Park are the two preferred concepts, with the Letmar and Centex proposals less desirable. The preferred concepts not only meet the requirements for park land as specified in the RFP, but also take advanhtge of the site's natural conditkms by siting the park on the parcels with the most existing vegetation - key component in any park. In addition, the design of'these parks is mom eonsMent with general design 0fthe City's exi ng neighb0rh pa~s, igeh as O ehard View and As stated in the Department's Parks and Recreation System Master Plan, this area of the City is in need of'neighborhood parkland for passive recreation u~R. Therefore, in ~n~lu.qion, I believe the City would benefit greatly from either the Westbrooke or Bcxley Park as noted in either proposal. A spedfic analysk de~,h plan is noted below: We~bmoke Core.hies Ina.: Fun=tionai Considerations: Efficient design with a clearly delineated vehicular entry. Ped~;trian access at two locations. Park also incorporates the project's stormwater featur~ a,q nn nmenit~ within the ~ite. Park Siting, Spatial Organization and Design: Park siting aplgars m b~ in Iooations with dense existing tree canopy. Park design inolude$ olearly defined use zones for entry and parking, passive recreation use under tree canopy, multipurpose open space, playground use and pedestrian walking aotivltles, gerve~ aa a ~oed example et'the 0ky~s typ;cal design for nei~borhood parks. However, needs to address the lack of views imo the park from public streets For security reasons. /Oft Dun' and Asso~ates, lac; PaS: 1 of 3 · FROM :OFFICE DEF~]T 2115 FAX NO, :56!7906650 Now. 04 2002 ll:4~qM P5 3. Circulation: Peclestri~n circulation exists throughouL providing a varied walking experience. Pm'king area is designed with looped circulation which appears to be very 'perk - like' in nature, giving ample room between pm~king ais~e.~ for plantinl~s. 4. Pmgr~rnmin~ £'.onsi,~tmt with design of*the elm's neighbo~oocl parks, including playground, picnic arras, open ~nrss areas, pedestrian walking patios. Boxley P~rk: I~unctional Considerations: ~ffteient design with clearly delineated vet~ioular entries ~dong the main spine road within the project. Pedestrian acce~ et several Iocatierts. Park al~ incorporates the project's gtmmwater feature a~ an amenity within the site. ~-. Park Siting, Spatial Organimtion and Design: Park siting appears to take advantage some of the existing tree canopy existing on-site. Park design is mainly delineated by the pedestrian walking paths. Views into park am abundant due to siting along thc project's majnr road. Ret~t~tion areas provide a good fo~al poim [or views inside and o:~ido of 3. Circulation: Pedestrian circulation exists throughout, providing a varied walking experience. 4. Programming: gomewhat consistent with design et'the Ci~'~ neighborhood parks, including pi~ni~ areas and pedestrian walking paths. Program also include~ a bask~ball court and two temtJs e.,outts. Unclear ifthe plan includes a playground or an), multipurpose opm~ space. Centex: I. Functional Considerations: Vehicular entry into the site shams the main circulation for tim town home~ - e~ a confusing deli~on ~w~n public ~d p~vs~ access and ~ing, Pedes~an a~ss ~ ~veml l~tion~ P~ d~ n~ ink.rate ~0 pro;~'s the 2, P~k gitinff, g~tial O~i~ion and ~gi~: P~ sking ap~ars m ~ke Mvan~e of ~ of the existing ~ ~mopy. ~e cubde-~ ~s to di~d~ the p~k i~o two halves. ~wever. ~ la~ of ~a~y to a ~mugb~et is I~mir~lo duo to ~ur~ issues. Tot-lot is I~at~ at ~e ~at ~mer ~e park - a less ~en desirable l~tion for u~, 3. eimul~: P~e~ clmulMion ~i~ thmu~ providing s varied ~lking ex~ien~. Th~ is no ~h~ular cimul~ion ~ the p~k is !~ adjac~t to two ~ ~d diviner neighs. 4. Pro,mining: ~nemlly consismnt with t~ i~lt~g pla),~ou~. ~ic a~ a~ ~demi~ walking ~ths. multipu~o~ ~n s~ee is ~o~. Dutr end ,amoclate~ tee, Pa~ 2 of 3 · FROM :OFFICE DEPOT 2115 ~AX NO. :5617906~50 Nov. 0~; 2882 11:~8qM P6 1, Functional Considorations: No internal configuration of the parks noted oa tho plans, therefore not possible to assess design functkmalitT. Separation of park sites would require increased mobilization for maintenan~, but ~lso allow the separation of some u~s and the creation ~pamte and distinct parks for use by different nclghhorhouds. 2. Park Siting, Spalial Organizatinfl and Design: The siting of'tho 2.9 A~Te South Park appears to take advantage of'the existing lree locations. Howover, the North and Central Parks do not, lntornal park design not noted on plana for anal~-~is. Not olcar as to Ioe, ations of proposed retention aroa~ Park siting, however, would ~llow for the maximum deaired viows into the ~ as me~t ate surtout{led by public; streets, ~umption is that the design of'the parks would take a more "urban" charaoter, aerving as "city green~". 3. Circulation: Pede~rian ¢ttoulation and a¢~:ess is abundant along the public streets surrounding the parks. 4. Programming: No program noted on plan~ for analysis, 1 would be happy to discuss any ofthe items above with you in greater detail {f'n~ssar),, so feel free to glw me a tall. Richard E. Dun-, .Ir., ASI.A, A[CP President Dnrr and Aaac~t~ter~ In~ Pa~e 3 of 3 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT~ JANET MEEKS, PROJECT COORDINATOR MEETING OF NOVEMENTER 5, 2002 RFP 2002-32 MASTER DEVELOPMENT PLAN FOR 54 ACRES OF CITY OWNED PROPERTY At a Special Meeting of October 30, 2002, the City Commission heard presentations from the four developers 0Nestbrooke Companies Inc.; Continental Homes of Florida, Inc.; Centex Homes; Lennar Communities of South Florida, Inc.) that submitted proposals for RFP 2002-32 regarding the Master Development Plan for the 54 acres of City owned properties. At that meeting Centex Homes withdrew their Submittal "B" Master Development Plan proposal. On October 31st, Staff received a letter from Centex Homes (see attached), that indicates the following: "In response to the City's consideration of a Community Development District (CDD) in connection with development of the RFP Property, please be advised that if the City is willing to accept the creation of a CDD and Centex is selected to develop the RFP property, Centex would increase its purchase price for the RFP Property. Our proposed purchase price for the RFP Property was $6,094,000. If a CDD is created which finances $2,000,000 of development expenses the purchase price offered by Centex would increase to $8,094,000." Public comment on the proposals will be taken at the City Commission meeting of November 5, 2002 and the Commission will rank the development proposals. Attachment: · Letter from Centex Homes FILE No.211 10/31 '02 15:21 ID: FAX: CENTEX HI:II ES VIA FACSIMILE (561) 243-7221 ~C~V~D nr:T 3 1 2002 CiTY MANAGER 6oull~mfl Florida, I:)lvisi,0fl ,,Joia Road, ~,iRI ~00 Beynlon 8e~,~, Floe;la a3437 Phone: (661) (661) www. CM~tXl'lOrM~-~l Plor~a.oom October 31, 2002 David T. Harden City of D~lray Beach 100 N,W. l"' Avcnu~ Delray Beach, Florida 33444 Re: Submittal for Agenda Package / November 5, 2002 City Commission Meeting Dear Mr. Harden: Plcase find enclosed a copy of a letter that was t:axed to Janet Meeks this atlemoon rogarding Centex Homes' submittal in response to RFP 2002-32. Understanding that thc ]otter was delivered past Ms. Meeks' submittal deadline, we would appreciate your assistance in including a copy of the letter in the agenda package being prepared for the City Commission Meeting on November b, 2002 under the RFP 2002-32 item, Thank you in advance for your assistance. Should you hay= any questions or comments, please do not hesitate to contact me. cc: David Abrams FILE No.211 10/31 '02 15:21 ID: FAX: I:EN X HDI ES VIA FACSIMILE (561) 243-7221 Souihea~4 Florals ~r~m)on ~ton ~. FlOrida 33437 (S61) $M-1000 530-1000 October 31, 2002 Janet Meeks City of De]ray Beach ] 00 N,W, 1't Avenue Dclray Beach, Florida 334.'L'!. Re: RFP 2002-32 / Centex Homos Submittal "A' Dear Ms. Mc~ks: We are writing to advise you of a revision to the purchase and sale conditions of o,r RFP Submittal "A." In response to tho City's consideration of a Community Development District CCDD") in connection with development &the RFP Property, please be advised that if the City is willing to accept the creation of a CDD and Centex is selected to develop the RFP Property, Centex would increase its purchase price for the RFP Property. Our proposed purchase price for the RFP Property was $6,094,000. If a CDD is created which finances $2,000,000 of development expenses the purchase price offered by Centex would increase to $8,094,000. Centex did not include a CDD in our original proposal because we believed an additional assessment to future residents would be Contrary to the City's desire to have moderately priced homes which would be affordable for families. For example, a CDD created with $2,000,000 in financing at a 6% rate over thirty (30) years would result in a total assessment o1' approximately $143,890 per year. In our proposed development (which contains 234 units) this would result in a yearly assessment of $615 per unit. When this assessment is combined with maintenance fees of approximately $1,000 per year, the development becomes unlike any other "traditional neighborhood" in the City of Dalray Beach. As you may be aware, no similar CDD currently exists within the City. Additionally, the creation cfa CDD for this property would mean that future residents would be paying for the construction of infrastructure and/or access for the public park through their yearly CDD a,sacssmcnl. Wc ~aumcd that such a situation could bc illegal. At the very least, we FILE No.211 10/31 '02 15:27 iD: FRX: PRGE 4/ 4 thought it would be unfair to the future residents of the development since the park could be used by all City residents, not just those paying for the construction of the park's infrastructure. We firmly believe Centex is in thc bcst position to develop an outstanding neighborhood in accordance wi~h the City's goals as outlined in the RFP. Notwi~standing the issues relat~ to a CDD discussed above, we also believe thc proposal discussed above offers the City the greatest financial benefit in its sale of the RFP ~operty. Should you have any questions or comments, please do not hesitate to contact me. Sincerely, David E. Abrams Mayor David W. Schmidt Vice Mayor JeffPerlman Deputy Vice Mayor Patricia Archer Commissioner Jon Levinson Commissioner Alberta Perry McCarthy Mr. David T. Harden [lTV OF DELRI:I¥ BEI:II:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's Direct Line: 561/243-7091 MEMORANDUM October 30, 2002 City Commission David Harden, City Manager Susan A. Ruby, City Attorney Resolution 85-02 - Land Swap with the Lake Worth Drainage District The Lake Worth Drainage District owns land north of the L-33 canal, as shown in Exhibit A to the Resolution. The City is acquiring the land at a cost of $2.50 per sq. foot. The land area is approximately 11,600 sq. feet, and thus the purchase price should not exceed $30,000.00. Also, the City will be providing an easement on the south side of the L-33 canal, as shown in Exhibit B, all in accordance with the terms of the letter agreement shown in Exhibit C to the resolution. A Public Hearing has been scheduled on the transfer of land. Attachment Cc: Barbara Garito, City Clerk Dick Hasko, Director of Environmental Services log RESOLUTION NO. 85-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER, THE LAKE WORTH DR.A.INAGE DISTRICT, CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, GENERakLLY DESCRIBED AS APPROXIMATELY 35 FEET NORTH OF THE L-33 CANAL LYkNG IN A PORTION OF SECTION tS, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND LYING WITH THE LAKE WORTH DtL\ ~X/AGE DISTRICT CANAL AS MORE PARTICULARLY DESCK'BED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE LEYTER AGREEMENT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AND THE LAKE WORTH DRAINAGE DISTRICT AND AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO THE LAKE WORTH DRAINAGE DISTRICT OF LAND IS GENERALLY DESCRIBED AS THE PROPERTY 40 FEET SOUTH OF THE L-33 CANAL AND AS MORE PARTICULARLY DESCRIBED IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN. WHEREAS, the Lake Worth Drainage District desires to sell to the City the property hereinaRer described in Section 1 to the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property to accommodate the new Atlantic High School site and to transfer a replacement easement to the Lake Worth Drainage District as described in Section 2. NOW, THEREFOR.E, BE IT OKDAJNED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Lake Worth Drainage District, as Sellers, for the purchase price of 52.50 per foot in Exhibit "A" affixed hereto, and other good and valuable consideration; said parcel being more particularly described. Section 2. That the City shall convey an easement to the Drainage District over the property described in Exhibit "B" affixed hereto. Section 3. That the terms and conditions contained in the letter agreement sets forth the terms and conditions of the transaction and is incorporated herein as Exhibtt "C". PASSED AND ADOPTED in regular session on the ~ day of ,2002. ATTEST: MAYOR City Clerk 2 RES. NO. 85-02 SKETCH &: DESCRIPTION FOR: A PORTION OF SECTION 18-46-43 LYING WITHIN L.W.D O. CANAL NO L-33 EXHIBIT '&..' LAND DESCRIPTION: A porhon of Sechon 18, Township 46 South, Range 4-3 East lying w,fhm the Lake Worth Drainage Dismct Canal No. L-33, described as Follows: BEGIN of the southeast corner of Tract "B", CORAL TRACE, according to the plot thereof as recorded in Plat Book 82, Pages 197 through 201 of the PuOlic Records of Palm Beach County, Flor)do; thence N89°40'57'"E, along the easterly extens;on of the south line of so~d Tract "B" and otong the north right-of-way line of the Lcke Worth Drainage O~sfnct Canal No L-33, o distance of 3:30.99 feet; thence SO0°IB'03"E, ;55.00 feet; thence S89°40'57"W, 350.99 feet; thence NOO°IB'O3'°W, 35.00 feet to the POINT ~F 8EGfNNfNG. Sa~d lands s~tuofe ~n the City of Delroy Beacr'. Palm Beach County, Florida and conta~nmng 11,585 square feet (0.27 acres), mare or less. NOTES: 1. Reproduchons of th,s Sketch are not valid w~fhout the s~gnature and the omg~nal raised seat of a Florida licensed surveyor and mopper. ;~. No Title Opinion or Abstract to the subject property has been provided. It ~s poss~ble that there ore 0eeds, Easements, or other ~nsfruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. :5. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are based on the plat CORAL TRACE w~fh the east right-of-way line of Coral Trace 8oulevord hawng a bearing of S01°05'55"E. 5. Data shown hereon was compiled from instrument(s> of record and does not constitute o boundary survey. 6. Abbreviation Legend: L.B. = L~censed Business; L.W.D.O. = Lake Worth Oro~nage O~stncf; O.R.B. = Offic~at Records Book; P.D. = Plot 8oak; P.B.C.R. = Palm 8each County Records; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning; R/W = Right-of-Way CERTIFICATION: I HEREBY CERTIFY that the attached Sketch (:nd Description of the hereon described pro.oerfy ~s true. and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that th~s Sketch and Description meets the Minimum Techmcot Standards set forth ~n Chapter Florida Adm~n~strohve Code, pursuant to Sechon 47~_.02_7, Flond(;,~Statufes. MICHAEL g. AV[ROM, P.L.S. Florida Registration No. 3268 AVIROIVl &: ASSOCIATES, ];NC. L.8. No. 3300 REVISIONS AVIROM &: ASSOCIATES, INC. SURVEYING &: MAPPING 50 S.W, 2NO AVENUE. SUITE 102 BOCA RATON. FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 JOB NO. 7059-48 SCALE: i" = 100' DATE: 09/05/02 DRAWN BY: MM.K SHEET: ! OF: SKETCH &: DESCRIPTION FOR: A PORTION OF SECTZON 18-46-43 LYING WITHIN L.W.D.D. CA~AL- NO L-33 EXHIBIT P.O.B. 6o' S.E. CORNER TRACT "B" ""% SOUTH LINE i ACREAGE EASTERLY EXTENSION OF SOUTH LrNE OF TRACT F NORTH R/W OF L.w.D.D. CANAL NO, L-33 N89'40' 57"E ~ 330.99' N00° 19' 03"W '-'-35.00' S89°40' 57"W :530.99' ___ SO0° 19' 35.00' LW.D.D. CANAL L-33 ~SOUTH LINE OF NOR~ 1/2 OF SECTION 18-46-43 REPLAY OF PART BREEZY RIDGE ESTATES (P.D. 24. PG. 1'16. ?nd STREET TEMPLE SINAI OF PALM BEACH COUNTY (P.D. 46, PG. 55, P.B.C.R.) REVISIONS AVlROM &:ASSOCIATES. INC. SURVEYING &: MAPPING 50 S.W. 2ND AVENUE, SUITE 102 BOCA RATON. FLORIDA 3:3432 TEL. (561) 392-251~4, FAX (581) 394-71:25 Q200~ AV~CM & ~S$OCIATES. [NC, -~LL RIGHTS RESErvED. JOB NO. 7059-48 SCALE: 1"= lO0' DATE: 09/05/0£ DRAWN BY: MM.K. SHEET: _2 OF: _~ SKETCH & DESCRIPTION FOR: A PORTION OF TEMPLE SINAI OF PALM BEACH COUNTY (P.B. 46, PG. 53, P.B.C.R.) AND A PORTION OF' LOT 5 - REPLAT OF' PART BREEZY RIDGE ESTATES (P.B. 24, PG. 116, P.B.C.R.) EXHIBIT LAND DESCRIPTION: The north 35 feet of the plat of TEMPLE SINAI OF' PALM BEACH COUNTY, according to the Plot thereof os recorded ~n Plot Book 46, Page 5,3 of the Public Records of Palm Beach County, Florida, LESS therefrom Right-of-Way Tract 'A', Coral Trace Boulevard, CORAL TRACE, according fo l'he plot thereof os recorded ~n Plot Book 82_., Pocjes 197 through 2_01 of the Public Records of Palm Beach County, Florida. TOGETHER WITH: The west 40 feet of the north .35 feet of Lot 5 of the REPLAT OF PART BREEZY RTDGE ESTATES, according Ptof thereof os recorded ~n Plo; -~ook ;24, Page 116 of the Public Records of Palm Beach County, Florida. Said lands s~tuote in the City of Delroy Beach, Palm Beach County, Florida and confo~mng 13,572 squore feet (0..31 ocres), more or less. NOTES: 1. Reproductions of fh~s Sketch ore not valid w~fhout the s~gnoture and the orig~not ro~sed seal of o Florida licensed surveyor and mopper. 2_. No Title Opinion or Abstract to ~he subject property has been prowded. Tt is poss~ble that there ore Deeds. Easements, or other :nsfruments (recorde0 or unrecorded) which may affect the subject property. No search of the Public Records has been mode by the Surveyor. :3. The land description shown hereon was prepared Dy the Surveyor. ~.. Beonngs shown hereon ore based on the plot CORAL_ TRACE w,th the east right-of-way line of Coral Trace Boulevard having o beorincj of .5. Data shown hereon was comp,led from instrument(s) of record and does not constitute o Doundory survey. 6. Abbrewotion Legend: L.B. = L~censed Business; L.W.O.D. = Lake Worth Orolnoge Oistnct; O.R.B. = Offic~ot Records 8oak; P.B. = Plot Book; P.B.C.R. = Palm 8each County Records; PG. = Page; P.L.S. = Professional Land Surveyor; R/W = Right-of-Way. CERTIFICATION: [ HEREBY CERTI'FY that the attached Sketch and Description of the hereon described property ~s true and correct fo the best of my knowledge and belief os prepared under my direction. [ FURTHER CERTIFY that this Sketch-ond"{)escnpfion meets the Minimum Techmcol Standards set forth ~n Chapter 61G17-6, Florida Administrative Code, pursuant fo Sechon 47;2.0;27, Florida Statutes. / Dote: MICHAEL D. AVIROM, ?.L.S. Florida Reg~strofion No..3;268 AV[ROM & ASSOCIATES, INC. L.B. No. 3300 REVISIONS 'I[SED 9/! 1/02 (M.M.K) AVIROM&ASSOCIATES. INC. SURVEYING & MAPPING 50 S.W. 2ND AVENUE. SUITE 102 8DCA RATON. FLORIDA 33432 TEL_ (561) 392-2594. FAX (5611 394-7125 ~[00~ AV[EOM ~ &SSOC[A~S. [~. ALL R[~TS ~VED. JOB NO. 7059-4A SCALE: 1"= lO0' DATE: 09/05/02 DRAWN BY: M.M.K SHEET: _1 OF: ~- SKETCH & DESCRIPTION FOR: PORTION OF TEMPLE SINAI OF PALM BEACH COUNTY (P.B. 46, PG. 53, P.B.C.R.) AND A PORTION OF LOT $ - REPLAT OF PART BREEZY RIDGE ESTATES (P.B. ::)4, PG. 116, P.B.C.R.) EXHIBIT LW.D.D. CANAL L-33 SOUTH LINE OF NORTH 1/2 OF SECT[ON 18-46-43 ~ I N89°40' 57"E 367.77' OFLOT WEST SO I°04' 26"E LOT 5 - REPLAT OF PART S89°4,0' 5T"W 38T'75'NORTH 35' NORTH 35 OF TEMPLE SINAI OF LO/ 5 OF' PALM BEACH COUNTY (P.B. 46, PG. 33, P.B.C.R.) ,...----BREEZY RIDGE ESTATES ~ (P.B. 24, PG. I16, P B.C.R.) , 2nd STREET REMAINDER OF: TEMPLE SINAI OF' PALM BEACH COUNTY" (P.B. 46, PG. 53, P.B.C.R.) REVISIONS VISEED 9/I 1/02_ (M M.K.) AVIROM&ASSOCIATES, INC. SURVEYING & MAPPING 50 S.W. 2ND AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (561) 394-7125 ~)~00;~ AV[ROM & ASSOCIATES. ~C. ~LL RIGHTS RESERVED. JOB NO. 7059-4A SCALE: 1"= 100' OATE: ~)9/05/02 DRAWN BY: M.M.K. SHEET: 2_. OF: ~- LAKE WORTH ORAINAGE OISTRICT 13081 MILITARY TRAIL OELRAY 8EACH, FLORIDA 33484 EXHIBIT "C" C S~ame¥ Weaver Kerm~t Dell Joi~n t Wh~i~Orth I1! Murray R Kal,st~ An(/y Eclwarcts Will,am G. Winters Ronal~ L Crone Pe~ & Kern. PA. October 23, 2002 Susan A. Ruby, Esq. City Attorney City' of Delray Beach 200 NW 1 st Avenue Oelray Beach, FL 33444 Lake Worth Drainage District - City of Oelray Beach Purchase of Right-of Way and Conveyance of Easement LWDD L-33 Canal LWOD Project No. 02-6823P.01 Dear Ms. Ruby: This letter will confirm the decis,on of the Board of Supervisors of Lake Worth Drainage District at its meeting October 16, 2002, wherein it was agreed as follows: To declare the underlying fee of a portion of the District's L-33 Canal right-of-way surplus, i.e. The North 35 ft. of the South 70 ft. of the North One-Half (N Y2) of Sec. 18/46/43, bounded on the West by the East right-of-way line of Coral Trace Boulevard, as recorded in ORB 10022, Pa§e 1167; and bounded on the E~st by the northerly extension of the West Plat Line of the REPLAT OF PART OF BREEZY RIDGE ESTATES, as recorded in Plat Book 24, Page 116. To sell the subject parcel to The City of Oelray Beach for the fair-market value of $2.50 per sq. ff.. The City of Oelray Beach shall provide an easement to Lake Worth Drainage District (utilizin§ the District's standard Easement Oeed form) to meet the required right-of-way oi: Lake Worth Drainage District. The required right-of-way is: The South 35 ft. of the North 70 ft. of the North line of the South One-Half (S ¥2) of Sec. 18/46/43, bounded on the West by the East right-of-way line of Coral Trace Boulevard, as recorded in ORB 10022, Page 1167; and bounded on the East by a line 40 ft. East of and parallel to the West Plat Line of the REPLAT OF PART OF BREEZY RIDGE ESTATES, as recorded in Plat Book 24, Page 116. ' Oelray E~eacn & $oca ¢~aton (561) 498-5363 · i~oynron ~3eacn & west I~alm Beach (56~) 737-3835 - Fax (561) 495-9694 we0sae www LWO0 net I_,AK~ wORT~ [~I:IAINAC~F_ OIST~ICT Susan A. Ruby, Esq. City Attorney City of Delray Beach October 23, 2002 Page No. 2 Please note that the area that ts being proposed by the City to be conveyed to the O~str~ct as an easement (item ~3), per the District's records is partially owned by the District. Per Chancery Case 407, the District owns the North 55.77 feet of the North One-Half (hi ~/2) of the Northeast Quarter (NE ¼) of the Southwest Quarter (Sw ¼) of Section 18/46/43, whtch includes the North 20.77 feet of the aforesaid proposed easement. In addition, per Chancery Case 407, the D)strlct owns the North .54.45 feet of the North One-Half (N 1/2) of the Northwest Quarter (h,Jw ¼) of the Southeast Quarter (SE ¼) of Section 1~, :6/43. Both of the above sectional breakdowns affect Temple Sinai and the REPLAT OF PART C.: BREEZY RIDGE ESTATES. Please be advised that it will be necessary for you to provide the following items so that the District may proceed with review: aD A Certification of Title confirming ownership of the property adjacent to the proposed easement parcel (sample form enclosed). If the proposed easement parcel is encumbered by existing easements, coptes of the corresponding documents must be provided. If the proposed easement parcel is encumbered by a mortgage, a Consent and Subordination of Mortgage and/or Consent and Joinder to Easement Deed will be required. (sample forms enclosed) A signed and sealed sketch and legal description of the surplus parcel (for recording purposes, no larger than 8 ~/2 ~ X 14") A signed and sealed sketch and le§al description of the proposed easement parcel (for recording purposes, no larger than 8 ½ ~ X 14.") Upon receipt of the Certification of Title and the sketches and legal descriptions, the Distric~ will review them and once approved, the conveyances ~nstruments will be prepared and you will be advised of the funds required for the transfer of the surplus parcel. If you should have any questions, please do not hesitate to contact this office. Sincerely, SAMPLE CERTIFICATION OF TITLE THE CERTIFICATION OF TITLE MUST BE PROVIDED ON THE TITLE COMPANY'S LETTERHEAD OR THE ATTORNEY'S LETTERHEAD TO: LAKE WORTH DRAINAGE DISTRICT ! hereby certi~ that I have examined the Public Records of Palm Beach County, following described property: and as of the ~ day of Florida regardin§ the (LEGAL DESCRi PTION) Provide Property Control Number ,20 , find the last owner of record to be , whose mailing address is (FIP~4 NAME") By: Printed Name and Title (If prepared by a Title Company, Must be s~gned by President or Vice-Pres~dent) If you are required to convey an easement to Lake Worth Drainage District, you must provide the following informatIon: Existing Easements: If there are easements over, on and upon the parcel to be conveyed to LWDD, please provide copies of the correspondin§ documents. Mortgage Holder: If the parcel to be conveyed to LWDD is encumbered, it will be necessary to provide a Consent and Subordination of Mortgage or a Consent and Joinder to Easement Deed. Sample forms are provided herewith. Note: This is a sample form to be used as a guide for the lending institution · ~ CONSENT AND SUBORDINA~'ION OF MORTGAGE , whose address is , pursuant to that Mortgage dated and recorded In Official Record Book , Page. , of the Public Records of Palm Beach County, Florida, (the "Mortgage") , wh,ch Mortgage encumbers the property described on Exhibit "A" attached hereto, consents to the Easement Deed dated from , to LAKE WORTH DRAINAGE DISTRICT, to which th~s Consent and Subordination ~s attac['~d (the "Easement), and subordinates the I~en of the Mortgage to the Easement. IN WITNESS WHEREOF, the Mortgagee has executed this Consent and Subordination as of the day of ,2002. Name of Mortgagee By: President Address STATE OF : COUNTY OF : The foregoing instrument was acknowledged before me this ,2002, by personally known to me or (~ as identification. produced day of as President He/She ( ) ,s Notary Public Notary Public Stamp or Seal CONSENT AND JOINDER TO EASEMENT DEED hereby joins in the executIon of this Easement Deed for purposes of consenting to the conveyance of the easement from to LAKE WORTH DRAINAGE DISTRICT. Dated: By: Pnnted Name and Title POSt OffiCe Address STATE OF FLORIDA : COUNTY OF PALM BEACH : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared the Vice President of · He/She is personally known to me or has produced as identification, and did (did not) take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the day of ,2002. NOTARY PUBLIC: Printed Name of Notary: My Commission Expires: SKETCH & DESCRIPTION FOR: A PORTION OF SECTION 18-46-4:3 LYING W;[TH];N L.W.D.D CANAL NO L-33 EXHIBIT (. LAND DESCRIPTION: portion of Section 18, Township 46 South, Range 43 East ly,ng within the Lake Worth Drainage g~str~ct Canal No. L-33, described os follows: BEGIN of the southeast corner of Tract "B", CORAL TRACE. according to the plat thereof os recorded ~n Plat Book 82, Pages 197 through 2_01 of the Public Records of Palm Beach County, Florida; thence N89°40'57"E, clang the easterly extension of the south line of so~d Tract "B" and clang the north right-of-way line of the Lake WorTh Oramoge O~stnct Canal No L-35, o distance of :530.99 feet; thence S00°19'03"E. 35.00 feet; thence S89°40'57"W, 330.99 feet; thence NOO°lg'o3'"W, ,35.00 feet to the PO[N- OF BEGINNING. Said lands s~tuote in the City of Oelroy Beach, Palm Beach County, Florida and containing 11,.585 square feet (0.2_7 acres), more or less. NOTES: 1. Reproductions of this Sketch ore not votid wffhout the s~gnoture and the anginal ro~sed seal of o F'londo licensed surveyor and mopper. 2_. No Title Opinion or Abstract fo the subject property has been prowded. It is poss~ble that there ore Deeds, Easements, or other ~nstrumenfs (recorded or unrecorded) which may affect the subject property. NO search of the Public Records has been mode by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon ore based on the plot CORAL TRACE with the east right-of-way line of Coral Trace Boulevard hov~ng a bearing of S01°05'55"E. 5. Data shown hereon was compiled from ~nstrument(s) of record and does not constitute o boundary survey. 6. Abbrev,otion Legend: L..B. = L~csnsed Bus,ness; L.W.D.D. = Lake Worth Dro,noge D,stnct; O.R.B. = Offiool Records Book; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; PG. = Page: P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning; R/W = R~ght-of-Woy. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is trce and correct fo the best of my knowledge and belief os prepared under my d~rection. ]: FURTHER CERTIFY that this Sketch and Descnphon meets the M~mmum Technical Standards set forth ~n Chapfe- Florida Adm~n~strattve Code, pursuam to Section 472_02_7, F~or~da/Sfotutes. o,,,; MICHAEL D. AVl:ROM, P.L.S. Fiondo Reg~sfrotio~ No. 3268 AY[ROM & ASSOCIATES. ;[NC. L.B. No. 3300 REVISIONS AVIROM&ASSOCIATES, INC. SURVEYING &: MAPPING 50 S.W 2NO AVENUE. SUITE 102 BOCA RATON. FLORIDA 33432 TEL. (5,81) 392-25~'4. FAX (581) 394-7125 JOB NO. 7059-48 SCALE: ~"= ]00' DATE: 09/05/02 DRAWN BY: M.M K. SHEET' ; OF: ~ SKETCH & DESCRIPTION FOR: A PORTION OF SECTION 18-4.6-43 LYING WITHIN L.W.D.D CANAL NO. L-33 EXHIBIT '~2.' P.0.B. S.E. CORNER TRACT SOUTH L[NE TRACT "~" ACREAGE EASTE.~.Y EXTENSION OF SOUTH LINE OF TRACT '-NORTH R/W OF' L.W.D.D. CANAL NO. N89°40'57"E / 350.99' --NO0°19' 03"W3S.O0' ~-~t ~o~i I_ I 35.00' SOO°lg'O3"E S89040'57"W I 330.99'__ __L'W'D'D' CANAL L-33 ~._SOUTH LINE OF NORTH OF' SECTION 18-46-43 REP[AT OF PART 2nd STREET TEMPLE SINAI OF PALM BEACH COUNTY (P.B. 4.6, PG. 53, P.B.C.R.) REVISIONS AVIROM&ASSOCIATES. INC. SURVEYING &: MAPPING 50 S.W. 2ND AVENUE. SUITE 102 BOCA RATON. FLORIDA 3:3432 TEL. (561) 392-2594. FAX (561) 39.4.-7125 (~200~ AVIROM & ~SS(X;[ATE:~. {~ ALL RI(~'fTS JOB NO. 7059-48 SCALE: ~" = I00' DATE: 09/0'5/02 DRAWN'BY: M.M.K. SHEET: SKETCH &: DESCRIPTION FOR: A PORTION OF TEMPLE SINAI OF PALM BEACH COUNTY (P.B. 46, PG. 53, P.B.C.R.) AND A PORTION OF LOT 5 - REPLAT OF' PART BREEZY RIDGE ESTATES (P.B. 24, PG. 116, P.B.CJ::]..) EXHIBIT C: LAND DESCR]:PT]:ON: The north :5.5 feet of the plat of TEMPLE S]:NAI OF PALM BEACH COUNTY, according ,o the Plot ,hereof os recorded ~n Plo, Book 46, Page 53 of the PuOlic Records of Potm Beach County, Florida, LESS therefrom Right-of-Way Tract 'A', Coral Trace Boulevard. CORAL TRACE. according fo the plot thereof os recorded ~n Plot Book 82, Pages 197 ,brough 201 of the Public Records of Palm Beach County, Florida. TOGETHER WITH: The west 40 feet of the nor,h 3.5 feet of Lot 5 of the REPLAT OF PART BREEZY RIDGE ESTATES, according Plo, thereof os recorded in PIc- Book ;>4. Page 116 of ,he Public Records of Palm Beach County, Florida. Said lands situate in the City of Delray Beach, Palm Beach County, Florida and conto~mng 13,57'2 square feet (0.31 acres), more or less. NOTES: 1. Reproductions of this Sketch are not valid without the s~gnoture and the original ro~sed seal af o Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided, if is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been mode by the Surveyor. 3. The land description shown hereon was prepared Dy the Surveyor. 4. Bearings shown hereon ore based on the plot CORAL_ TRACE wtfh the east right-of-way line of Coral Trace Boulevard having a beonng of NOt°05' 55"W. 5. Data shown hereon was comp~led from ~nsfrumenf(s) of record and does not constitute o boundary survey. 6. Abbreviation Legend: LB. = Licensed Business; L-.W.D.O. = Lake Worth Drainage Oistrict; O.R.B. -- Official Records Book; P.B. = Plot Book; P.B.C.R. = Palm 8each County Records; PG. = Page; P.L.S. = Professional Land Surveyor; R/W = Right-of-Way. CERTT ]:CATION: I HEREBY CERTIFY that the attached Sketch and Descripf~n of the hereon described property ~s .,rue and correct to the best of my knowledge and belief os prepared under my direction. [ FURTHER CERTIFY fha, this Sketch and Description meets the Mimmum Technical Standards set forth !n Chop,er 61G17-6, Florida Admlmstrotive Code, pursuant fo Sechon 472_.02_?, Florida Statutes. AVIROM & ASSOC]:ATES. ]:NC. L.B. No. 3300 REV]:SIONS 1/02 (M M.K.) AVIROM &ASSOCIATES, INC. SURVEYING & MAPPING 50 S.W. 2ND AVENUE. SUITE 102 BOCA RATON. FLORIDA 33432 TEL. (561) 39~-2594. FAX (561) 394-7125 JOB NO. 70.~9-44 SCALE: I" = 100' DATE: 09/05/02 DRAWN BY: M.M.K SHEET: I OF: _2 SKETCH & DESCRIPTION FOR: A PORTION OF TEMPLE SINAI OF PALM BEACH COUNTY (P.S. 46, PG. 53, P.B.C.R.) AND A PORTION OF LOT 5 - REPLAT OF PART BREEZY RIDGE ESTATES (P.S. 24, PG. 116, P.B.C~...) EXHIBIT ' ' ' 72' '~ -~ ~ N89°40'5'T"E S89°40'57"W NORTH 35' OF TEMPLE SINAZ --0¢ PALM BEACH COUNTY (P.S. 46, PG. 55, P.B.C.R.) LW.D.D. CANAL L-33 SOUTH LINE OF NORTH SO 1°04' 26"E WEST .:-3' OF LOT 5 , LOT 5 - REPLAT OF PART 387.75' ,~BREEZY RIDGE ESTATES NORTH 35' I' , (P.S. 24, PG. 116, P.B.C.R.) OF LOT 5~ ! f 2nd STREET REMAINDER OF: TEMPLE SINAI OF PALM BEACH COUNTY" (P.S. 46, PG. 53, P.B.C.R.) REVISIONS EV[SED 9/I ]/02 AVIROM &: ASSOCIATES, SURVEYING &: MAPPING 80 S.W. 2ND AVENUE. SUITE 102 I~OCA RATON. FLOi:::IIOA 33432 TEL. INC. TEL. (561) 392-2594. FAX (561) 384-7125 JOB NO. 7059-4A .%ALE: 1"= 100' DATE: 09/05/02 DRAWN BY: M.M.K. SHEET: ~ OF: ¢ I:ITY OF DELRI:IY BEI:IEH CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 FROM: MEMORANDUM October 31, 2002 City Commission Susan A. Ruby, City Attorney SUBJECT: Coral Trace Home Owners' Association, Inc., et al. v. City of Delray Beach The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida Statutes {}286.011(8) for the November 5, 2002 City Commission meeting to discuss settlement negotiations and strategy related to litigation expenditures in the above case. Law requires strict compliance with Florida Statutes {}286.011(8). Therefore, prior to the commencement of the closed attorney-client session, the Mayor should read the following: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) regarding the Coral Trace Homeowners' Association, Inc., et al. v. City of Delray Beach case (Case No. CA-02-009904-AF). The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Pat Archer, Alberta McCarthy, Jeff Pedman and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, and a certified court reporter." After the closed session is over, the Mayor should announce that the regular meeting is reopened, and the closed session is terminated. By copy of this memorandum to David Harden, our office requests that the agenda be prepared giving reasonable public notice of the time and date of the closed attorney-client session for November 5, 2002 and that the agenda item include the name of the cases, the names set forth above of those persons attending the session, and identify the item as a closed door session pursuant to Florida Statutes §286.011. Our office will arrange for a court reporter to be present as required by statute. Attached is a copy of Fla. Stat, §286.011. cc: David Harden, City Manager Barbara Garito, City Clerk FL ST § 286.O 11 West's F.S.A. § 286.011 WEST'S FLORIDA STATUTES ANNOTATED TITLE XIX. PUBLIC BUSINESS CHAPTER 286. PUBLIC BUSINESS; MISCELLANEOUS PROVISIONS Copr. © West Group 2002. All fights reserved. Current through End of 2002 Regular Session and 2002 Special 'E' Session Page 1 286.011. Public meetings and records; public inspectaon; crirmnal and civil penalties (I) All meettngs of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or pohtlcal subdtvision, except as otherwise prowded m the ConsUtufion, at wh,ch official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal acUon shall be considered blndmg except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section ts guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, cormmss~on, agency, or authority, which acuon was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commtssion; provided, that m any case where the board or commission seeks the advice of its attorney and such advice ts followed, no such fees shall be assessed against the indivtdual member or members of the board or commissmn. However, this subsecuon shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provtsions of this section. (5) Whenever any board or comrmssion of any state agency or authority or any agency or authority of any county, municapal corporauon, or political subchvis~on appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order as affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, comnussion, agency, or authority. Any fees so assessed may be assessed against the indtvidual member or members of such board or comrmssion; provided, that in any case where the board or commission seeks the advtce of xts attorney and such advice ts followed, no such fees shall be assessed Copr. © West 2002 No Claim to Orig. U.S. Govt. Works http://print.westlaw, com/delivery.html?dest=atp&dataid=BO05 5800000000260001067278... 10/31/2002 FL ST § 286.011 Page 2 West's F.S.A. § 286.011 against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facihty or location which discrirmnates on the basis of sex, age, race, creed, color, origin, or economic status or which operates tn such a manner as to unreasonably restrict pubhc access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or pohtical subdivision is charged with a violation of this sectaon and is subsequently acquitted, the board or commission is authorized to remaburse said member for any portaon of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or adrmnistrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable ttrne after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. CREDIT(S) 1999 Main Volume Amended by Laws 1991, c. 91-224, § 33; Laws 1993, c. 93-232, § 1, eff. June 30, 1993; Laws 1995, c. 95-148, § 210, eft. July 10, 1995; Laws 1995, c. 95- 353, § 1, eff. June 17, 1995. Derivation: HISTORICAL AND STATUTORY NOTES 1999 Main Volume Copr. © West 2002 No Claim to Orig. U.S. Govt. Works http://print.westlaw.com/delivery.html?dest=atp&dataid=B00558000000002600010672 78... 10/31/2002 FL ST § 286.011 West's F.S.A. § 286.011 Laws 1985, ¢. 85-301, § 6. Laws 1978, c. 78-365, § 1. Laws 1971, c. 71-136, § 159. Laws 1967, c. 67-356, § 1. Page 3 Laws 1967, c. 67-356, enacting this section, provided in § 2 that the Act should become effective on July 1, 1967. The Act did not become law until subsequent to the specified date. O.A.G. 067-49 dated Aug. 10, 1967, recites that under these circumstances the specific effective date provision must be disregarded and that the general effective date for the 1967 regular session applies. Laws 1971, c. 71-136, § 159, made the offense defined by subsec. (3) of this section a "misdemeanor of the second degree, punishable as provided tn § 775.082 or § 775.083" in lieu of punishment by a maximum fmeof $500 or maxumum imprisonment in the county jail of 6 months, or both such fmc and imprisonment. Laws 1978, c. 78-365, provided for punishment alternatively under § 775.084 in subsec. (3), and added subsecs. (4) to (7). Laws 1985, c. 85-301, § 6, eft. June 20, 1985, inserted subset. (3)(a), designated existing subsec. (3) as subsec. (3)(b), and in subsec. (3)(b), inserted "knowingly". Laws 1991, c. 91-224, a revisers bill, modified pmv~sions for punishment of misdemeanors as contained in this section by deleting reference to punishment pursuant to § 775.084 to conform with Laws 1988, c. 88-131 which deleted all references to misdemeanors from § 775.084. Laws 1993, c. 93-232, § 1, eff. June 30, 1993, added subsec. (8). Laws 1995, c. 95-148, a revisers bill, removed gender-specific references applicable to human beings without substantive changes in legal effect. Laws 1995, c. 95-353, § 1, eff. June 17, 1995, in the section heading, inserted "criminal and civil"; in subsec. (1), added the second sentence, relating to notice of meetings; and in subsec. (3), added par. (c), relating to conduct occurring outside the state. West's F. S. A. § 286.011 FL ST § 286.011 END OF DOCUMENT Copr. © West 2002 No Claim to Orig. U.S. Govt. Works http://print.westlaw, com/delivery.html?dest=atp&dataid=B0055800000000260001067278... 10/31/2002 [ITY OF DELRI:I¥ BEfl£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 't111: L^? 1993 FROM: MEMORANDUM October 31, 2002 City Commission Susan A. Ruby, City Attorney SUBJECT: City of Delray Beach v. M&P Concrete, et al. The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida Statutes §286.011(8) for the November 5, 2002 City Commission meeting to discuss settlement negotiations and strategy related to litigation expenditures in the above case. Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the commencement of the closed attomey-client session, the Mayor should read the following: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) regarding the City of Delray Beach v. M&P Concrete, et al. case (Case No. CA-02-008854-AI). The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Pat Archer, Alberta McCarthy, Jeff Perlman and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, Bill Doney, Esq., counsel for the City, and a certified court reporter." After the closed session is over, the Mayor should announce that the regular meeting is reopened, and the closed session is terminated. By copy of this memorandum to David Harden, our office requests that the agenda be prepared giving reasonable public notice of the time and date of the closed attorney-client session for November 5, 2002 and that the agenda item include the name of the cases, the names set forth above of those persons attending the session, and identify the item as a closed door session pursuant to Florida Statutes §286.011. Our office will arrange for a court reporter to be present as required by statute. Attached is a copy of Fla. Stat. §286.011. SAR:jS~~____.~ cc: David Harden, City Manager Barbara Garito, City Clerk Bill Doney, Esq. /5 FL ST § 286.011 West's F.S.A. § 286.011 WEST'S FLORIDA STATUTES ANNOTATED TITLE XIX. PUBLIC BUSINESS CHAPTER 286. PUBLIC BUSINESS; MISCELLANEOUS PROVISIONS Copr. © West Group 2002. All rights reserved. Current through End of 2002 Regular Session and 2002 Special 'E' Session Page 1 286.011. Public meetings and records; public inspection; criminal and civil penalties (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all rimes, and no resolution, role, or formal action shall be considered binding except as taken or made at such meeting. The board or comnusslon must provide reasonable nonce of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon applicanon by any cinzen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporanon, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a rmsdemeanor of the second degree, punishable as provided tn s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or politmal subdivision to enforce the provisions of this section or to Invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or conumssion; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of flus section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or cormmssion; provided, that in any case where the board or comrmssion seeks the advice of its attorney and such advice is followed, no such fees shall be assessed Copr. © West 2002 No Claim to Orig. U.S. Govt. Works http://print.west~aw.c~rn/de~ivery.htm~?dest=atp&dataid=B~~5 58~~~~~~~~26~~~ ~ ~67278... 10/31/2002 FL ST § 286.011 Page 2 West's F.S.A. § 286.011 against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are proh~btted from holding meetings at any facility or location whmh discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates tn such a manner as to unreasonably restrict public access to such a facfltty. (7) Whenever any member of any board or cormniss~on of any state agency or authority or any agency or authority of any county, muntcipal corporation, or politxcal subdiviston ts charged with a wolation of this sectaon and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of hts or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commisston of any state agency or authority or any agency or authority of any county, mumcipal corporation, or pohtical subdivision, and the chaef admmistrattve or execunve officer of the governmental entity, may meet in private with the entity's attorney to discuss pendtng littgatxon to which the enttty ts presently a party before a court or admimstrat~ve agency, provided that the following conditions are met: (a) The entity's attorney shall admse the enmy at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be con£med to settlement negotiations or strategy sessions related to htlgaUon expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No pomon of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the enuty's clerk w~thm a reasonable time after the meeung. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who wtll be attenchng the session. The session shall commence at an open meeting at wluch the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client sesston and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. CREDIT(S) 1999 Main Volume Amended by Laws 1991, c. 91-224, § 33; Laws 1993, c. 93-232, § 1, eft. June 30, 1993; Laws 1995, c. 95-148, § 210, elf. July 10, 1995; Laws 1995, c. 95- 353, § 1, elf. June 17, 1995. Derivation: HISTORICAL AND STATUTORY NOTES 1999 Main Volume Copr. © West 2002 No Claim to Orig. U.S. Govt. Works http://print.west~aw.c~m/de~ivery.htm~?dest=atp&dataid=B~~5 58~~~~~~~~26~~~ ~ ~67278... 10/31/2002 FL ST § 286.011 West's F.S.A. § 286.011 Laws 1985, c. 85-301, § 6. Laws 1978, c. 78-365, § 1. Laws 1971, c. 71-136, § 159. Laws 1967, c. 67-356, § 1. Page 3 Laws 1967, c. 67-356, enacting this section, provided m § 2 that the Act should become effective on luly 1, 1967. The Act did not become law until subsequent to the specxfied date. O.A.G. 067-49 dated Aug. 10, 1967, recites that under these circumstances the specific effective date provision must be disregarded and that the general effective date for the 1967 regular sessxon applies. Laws 1971, c. 71-136, § 159, made the offense defined by subsec. (3) of this section a "misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083" ia lieu of punishment by a maximum fineof $500 or maximum imprisonment in the county jail of 6 months, or both such fmc and imprisonment. Laws 1978, c. 78-365, provided for punishment alternatively under § 775.084 in subsec. (3), and added subsecs. (4) to (7). Laws 1985, c. 85-301, § 6, eft. June 20, 1985, inserted subsec. (3)(a), designated existing subset. (3) as subset. (3)(b), and in subsec. (3)(b), inserted "knowingly". Laws 1991, c. 91-224, a revisers bill, modified provisions for punishment of misdemeanors as contained m this section by deleting reference to punishment pursuant to § 775.084 to conform with Laws 1988, c. 88-131 which deleted all references to misdemeanors from § 775.084. Laws 1993, c. 93-232, § 1, eft. June 30, 1993, added subset. (8). Laws 1995, c. 95-148, a reviset's bill, removed gender-specific references applicable to human beings without substantive changes in legal effect. Laws 1995, c. 95-353, § 1, eft. June 17, 1995, ia the section heading, inserted "criminal and civil"; in subsec. (1), added the second sentence, relating to notice of meetings; and in subsec. (3), added par. (c), relating to conduct occurring outside the state. Wesfs F. S. A. § 286.011 FL ST § 286.011 END OF DOCUMENT Copr. © West 2002 No Claim to Orig. U.S. Govt. Works http://print.west~aw.c~m/de~ivery.htm~?dest=atp&dataid=B~~5 58~~~~~~~~26~~~ ~ ~67278... 10/31/2002