12-14-99 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
DECEMBER 14, 1999 - 6:00 P.M.; PUBLIC HEARING 7:00 P.M.
COMMISSION CHAMBERS 7993
The City will furnish auxiliary aids and services to afford an
individual with a disability an opportunity to participate in and enjoy
the benefits of a service, program, or activity conducted by the City.
Contact Doug Randolph 243-7127 (voice), or 243-7199 (TDD), 24 hours
prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with
the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City Commission
meetings are business meetings and the right to limit discussion rests
with the Commission. Generally, remarks by an individual will be
limited to three minutes or less. The Mayor or presiding officer has
discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter within
the scope of jurisdiction of the Commission under this section.
The Commission may withhold comment or direct the City Manager to
take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. if
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary
purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the
sign-in sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. Ail
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by
the presiding officer from speaking further, unless permission to
continue or again address the Commission is granted by a majority vote
of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
Invocation.
Pledge of Allegiance to the Flag.
Agenda Approval.
Approval of Minutes: None
Proclamations: None
7. Presentations:
A. Certificate of Completion/1999 Advanced/Institute for Elected
Municipal Officials awarded to ~Commissioner Patricia
Langley-Archer
B. Government ~inance Officers Association's Certificate of
Achievement for Excellence in Financial Reporting and Award of
Financial Reporting Achievement to Milena L. Walinski, CGFO,
Assistant Finance Director
C. Jeff Borick, American Society of Landscape Architects -
~resentation of ASLA Medallion Award recognizing the /~ast
~Atlantic Avenue Streetscape as one of Florida's significant
works of landscape architecture
/
D. ~ite Plan Review and Appearance Board Award Recognition Program
/
E. ~2K Presentation - Chief Richard Overman
8. Consent Agenda: City Manager recommends approval.
A./~P&L ~REET LIGHTING AGREEMENT~ORAL TRACE BOULEVARD: Approve
, ~/~ a street lighting agreement between the City and Florida Power
& Light regarding the installation of light poles along the
public right-of-way portion of Coral Trace Boulevard.
/
B. ~ORAL TRACE DEVELOPER'S AGREEMENT: Approve an agreement with
the developer of the Coral Trace subdivision which provides
tfor the construction of a gravity sewer connection,
maintenance of landscaping and irrigation located in the Coral
Trace Boulevard right-of-way for a period of one year after
completion of the roadway, and that the developer shall insure
Regular Commission Meeting
December 14, 1999
a perpetual source of water to irrigate the Coral Trace
Boulevard public right-of-way.
C. RESOLUTION NO. 79-99 (SETTING PUBLIC HEARING DATE FOR ROYAL
PALM BOULEVARD SPECIAL ASSESSMENT DISTRICT): Approve a
resolution setting the public hearing~ate as January 18,
~00, for the establishment of the %Royal Palm Boulevard
~pecial Assessment District, and providing for the mailing and
publication of required notices.
D. CLOSEOU~ CF~%NGE ORDER #1 AND FINAL PAYMENT/~HAZ EOUIPMENT CO.,
INC. ~.E.. 4T~ AVE~-dE WATER MAIN): Approve closeout Change
Order #1 in the net deduct amount of $1,290.50 and final
payment in the amount of $35,382.87 to Chaz Equipment Co.,
Inc. for completion of the S.E. 4th Avenue ~ater Main
Improvements project, with funding from 442-5178-536-~3.50-
(R&R Water Ma-~)
/
E. gLOSEOUT CHANGE ORDER 91 AND FINAL PAYMENT/~ELCON, INC. (EAST
,gEORGE BUSH BOULEVARD DRAINAGE IMPROVEMENTS): Approve
closeout Change Order #1 in the net deduct amount of $392.41
and final payment in the amount of $4,531.05 to Telcon, Inc.
for completion of the East GeorgelBush Boulevard Drainage
Improvements project, with funding/ from 448-5411-538-63.68
(Stormwater - George Bush Boulevard ~rainage) .
/
F. C~SEOUT CHANGE OR~ER #2 A~D FINAL P~'MENT/~AN CON, INC.
~ORTHWEST AREA DP~INAGE, ~OADWAY & .~TILITY IMPROVEMENTS.):
Approve closeout Change Order #2 in the net deduct amount of
$957.00 and final payment in the amount of $22,775.06 to Man
Con, Inc. for completion of the Northwest Area Drainage,
Roadway and Utility Improvements project, with funding from
2-5178-536-63.50 (R&R - Water Distribution Improvements).
G. ~ODIFICATION OF STANDARDS FOR APPROVAL/FINGER PIER AND DOLPHIN
PILES AT 202 SEABREEZE AVENUE: Approve modifications to the
standards for approval pursuant to LDR Section 7.9.4(A) and
Section 7.9.7(C) to allow the extension of a finger pier and
construction of two dolphin piles at 202 Seabreeze Avenue.
H. AWARD OF BIDS AND CONTRACTS:
1. Contract award in the amount ~f $299,577.75 to Siga, Inc.
for construction of the ~rchard View park facility
located in front of Orchard View Elementary School on Old
Germantown Road at Linton Boulevard, with funding from
117-4178-572-63.40 (Recreation Impact Fee Fund/Southwest
Park).
2. ~Ward of purchase order in th~ amount of $18,500.00 to
~Iohnson Davis, Inc. for the ~mergeqcy replacement of a
segment of a collapsing sanitary ~wer gravity main at
the intersection of S.W. 2nd Street and S.W. 7th Avenue,
with funding from 442-5178-536-63.51 (R&R/Sewer Mains).
-3-
Regular Commission Meeting
December 14, 1999
3. Purchase award in the amount of $~0 to RLS
Lighting, Inc., sole source supplier, for the purchase of
13 park benches and 20 litter/containers with liners and
lids, to be placed along ~East ~lantic Avenue from
Swinton Avenue to the Intracoastal Waterway. Funding is
available from 334-6111-519-63.90 (General Construction
Fund - Street Furniture/Atlantic Avenue).
9. Regular Agenda:
A. REQUEST FOR IVER/ HT-OF-WA¥ DEDICATION AND CONTRIBUTION
FOR IMPROVING AND/OR EXTENDING S.W. 7TH STREET: Consider a
request from Stone Station Florida Inc. to waive the LDR
requirements for right-of-way dedication and for providing
one-half the cos~ of improving and/or extending an unimproved
local street~.W. . 7th Street) located on a boundary of a
proposed project. (CONTINUED FROM 12/7/99)
B. ~PPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an
appeal of the Historic Preservation Board's conditions of
approval for the Silberstein Office Building (COA-399) located
at 219 N.E. 1st Avenue. QUASI-JUDICIAL PROCEEDING
C. ~ECIAL EVENT REQUEST/FOTOFUSION 2000: Consider a request for
special event approval for Fotofusion 2000 to be held January
25-29, 2000, including sign preparation, staff support for
banner hanging, and waiver of rental fees and signage costs.
D. ~PECIAL EVENT REQUEST/11TH ANNUAL DOWNTOWN ART FESTIVAL:
Consider a request for special event approval for the llth
Annual Downtown Art Festival sponsored by Howard Alan Events
to be held January 22-23, 2000, including a temporary use
permit for use of public right-of-way, application for FDOT
street closure permit, staff support, and a waiver to allow
signage more than one week in advance of the event.
;
E. ~PECIAL EVENT REQUEST/CELEBRATE THE SOUL OF DELRAY: Consider
a request for special event approval for the first "Celebrate
the Soul of Delray" event to be held on Saturday, February 5,
2000, including a temporary use permit for street closure, a
waiver to allow event signage more than one week in advance,
pjovide staff support, and waiver of overtime costs.
~ ~PECIAL EVENT REQUEST/THIRD ANNUAL BED RACE: Consider a
request for special event approval for the Third Annual Bed
Race to be held on January 15, 2000, including a temporary use
permit for street closures, a waiver to allow event signage
more than one week in advance, use of City stages at no
charge, staff support, and waiver of overtime charges.
. RESOLUTION NO. 76-99: Consider approval/of a master
resolution authorizing the issuance of future ~ond issues and
bank notes that will use a covenant to budget ~and appropriate
~.~ funding for any debt service due and payable.
--4--
Regular Commission Meeting 6_,p5~,/~I~
December 14, 1999
H. RESOLUTION NO. 77-99: Consider approval o/ a resolution
authorizing a $4 million bank note with ~unTrust for an
approximate 15 year term at a rate of 5.0196% for the purpose
of funding the 800 MHz ~adio system.
I. SETTLEMENT/HAYNES V. CITY, ET AL: ~nsider a settlement offer
in the referenced matter. ~~
10. Public Hearings: None
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings: None
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-5-
.... RECEIVED
GOVERNMENT FINANCE F O 1999
OFFICERS ASSOCIATION
180 No~h Michigan ~enue, Su~ 800, Chicago, Illinois 60601 CiTY MANAGER
312/977-9700 .Fax:312/977-4806
October 26, 1999
Mr. David T. Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
We are pleased to notify you that your comprehensive annual finan-
cial report for the fiscal year ended September 30, 1998 qualifies
for a Certificate of Achievement for Excellence in Financial
Reporting. The Certificate of Achievement is the highest form of
recognition in governmental accounting and financial reporting,
and its attainment represents a significant accomplishment by a
government and its management.
When a Certificate of Achievement is awarded to a government, ail
Award of Financial Reporting Achievement is also presented to the
individual designated by the government as primarily responsible
for its having earned the certificate. Enclosed is an Award of
Financial Reporting Achievement for: Milena L. Walinski, CGFO,
Assistant Finance Director.
The Certificate of Achievement plaque will be shipped under sepa-
rate cover in about eight weeks. We hope that you will arrange for
a formal presentation of the Certificate and Award of Financial
Reporting Achievement, and that appropriate publicity will be given
to this notable achievement. To assist with this, enclosed are a
sample news release and the Certificate Program "Results" for reports
with fiscal years ended during 1997 representing the most recent
statistics available.
We hope that your example will encourage other government offi-
cials in their efforts to achieve and maintain an appropriate
standard of excellence in financial reporting.
Sincerely,
GOVERNMENT FINANCE OFFICERS ASSOCIATION
S~eph~n J. Gautnier
Director/Technical Services Center
SJG/ds
WASHINGTON OFFICE
1750 K Street, N.W., Suite 650, Washington, DC 20006
202/429-2750 · Fax: 202/429-2755 7' /~
,-X\IERICA~
I*%NDSCAP~ I
ARCtlI~[(1S
,~., ~.-~::~.~,..,,~-,,, :~ .. ~, ~ ,.,.~ November 5, 1999 /~
,., ,~¢~,,~ Mayor Jay Alperin and
.. .... City Council Members ~ ~ ~
, ~ .~,.., City of Delray Beach ~~ ~
~, .,,, ,, , z ...... ~00 Northwest First Street
,,:,, ",:~,,,~'~ ......... ~',,,,, Pelray Beach, Florida 33444 ~ ~
,,',',,,,,,,*,~,~ RE: Florida Chapter ASLA- Medallion Site Award ~ ~
Dear Mayor Alperin: ~ _
It is my honor to noti~ you that the East Atlantic Avenue Streetscape has been selected
~..~,~:~, ~,.~ as one of the American Society of Landscape Architects Medallion Award winners.
The Florida Chapter nominated your City's parks for the award, as part of its 100 years
'.~'. ~.~'~ celebration of our Society's founding, and hereby wished to recognize East Atlantic
.... Avenue Streetscape in Defray Beach as one of our state's significant works of landscape
architecture. Our Society represents over 13,000 professionals nationwide, and was
... ,...., .... established in 1899, in Boston, Massachusetts. With the Society's chapters making
these awards as pad of a coordinated campaign across the country, Florida Chapter has
,.,,..~ ~.~,~,~ selected only 26 such sites throughout our state to receive such a special recognition.
Attached is a copy of the Award, a Permanent Bronze Plaque provided by the National
~:'~ ~ ~:~ ~'~ ~ Society, to honor your parks in a public display or monument type installation.
To properly commemorate this honor, the Florida Chapter ASLA would like to discuss
...... with you plans for a ceremonial award event, and the related public notice / press
campaign advertising the ceremony
.... I have instructed our Section Ohair for the Palm Beach area, Jeff Borick, ASLA to contact
you regarding the details of this award campaign. If you need to contact him directly
~':; ~*~'~'~ please call (561) 416-3424 or feel free to contact me at (954) 974-2200.
, ~:~ ~:,, ~ ,.,,, Congratulations once a9ain, from the Florida Chapter ASLA.
Sincerely,
Brett A. Nein, ASLA
Chapter President 1998-1999
BAN:wmg-k
' ' :" "' cc: Jeff Borick, ASLA
Palm Beach Section Ohair
C:~Wendy~BAN~S~kJ~WARD.doc
TO: DAVID T. HARDEN
DEPARTMENT OF PLANNING AND ZON~G vv- ~//
FROM: SCOTT PAPE, SENIOR PLANNER~ -~-~~
PROGRAM
This year is the 8th annual Site Plan Review and Appearance Board (SPRAB) Award Recognition
Program. The awards are given to those property owners and their design teams who have
significantly contributed to the beauty of the community through creative design or renovations to
existing properties. Eligible projects are those that were approved by the Board, and received a
Certificate of Occupancy during the previous fiscal year (October 1, 1998 - September 30, 1999).
The SPRAB awards will be presented to the recipients mentioned below at the City Commission
meeting.
This year's design categories and recipients include:
NEW COMMERCIAL DEVELOPMENT EXTERIOR RENOVATIONS
Life Care Services Morrison & Swank
~- HHCS Real Estate, Inc. (Owner) ~ Morrison & Swank, P.A. (Owner)
~ Donahue & Company (Architect) ~ David Martin (Architect)
~, William A. Flint, III (Landscape Architect) ~, Mark J. Henegan, ASLA (Landscape Architect)
REDEVELOPMENT PROJECT ARCHITECTURAL DESIGN
Our Lady Bakery Gillis Signature Imports Showroom
~ Josette and Pierre Moise (Owner) ~ Gillis Signature Imports (Owner)
~ Miklos & Associates (Architect) ~ Api Group (Architect)
~- Jerry Turner & Associates (Landscape ~ Quintessential Designs (Architect)
Architect) ;~ Liv. Designs, Inc. (Landscape Architect)
MULTI-FAMILY RESIDENTIAL DEVELOPMENT SlGNAGE
Bayberry Landing Milagro Center
~ Keenan Development Group (Owner) ~ Milagro Center (Owner)
~ Larry Sehres (Architect) ~ Bright Image Designs (fka By Design Sign, Inc.)
~ Grant Thornbrough and Associates (Landscape (Sign Contractor)
Architect)
[IT¥ DF DELlilI¥ BEI1[H
CITY ATTORNEY'S OFFICE ~00 .w ,~, ^~. ~,~^~ .~^~., ~o~,~^ .~.~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
Ali.America City
1993
TO: City Commission ~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: FPL Street Lighting Agreement - Coral Trace Boulevard
The attached agreement is between the City and FPL regarding the installation of light
poles along the public right-of-way portion of Coral Trace Boulevard. FPL shall install
4 poles in the public right-of-way portion of Coral Trace Boulevard along with the lights.
The City shall pay FPL their standard fee for the power supplied to these lights. The
agreement shall be for a term of ten (10) years.
By copy of this memo to David Harden, our Office requests that this item be placed on
the December 14, 1999 City Commission agenda. Please call if you have any questions.
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Barron Caronite, Asst. City Engineer
R- FPL Account Number:
, Job Number: 8368-2-416
STREET LIGHTING AGREEMENT
In accordance with the following terms and conditions, CITY OF DELRAY (hereinafter called the Customer), requests on this
day of 1999, from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existin~
under the laws of the State of Florida, the following installation or modification of street lighting fadlities along Coral Trace Blvd located in
Delray Bch, Florida.
(a) Installation and/or removal of FPL-owned facilities described as follows:
Ughts Installed Lights Removed
Fixture Type # Installed Fixture Rating Fixture Type # Removed Fixture Rating
(in Lumens) (in Lumens)
16,000L 8 150 W
Poles Installed Poles Removed Conductors Installed Conductors Removed
Pole Type # Installed Pole Type # Removed
Concrete 4 ~ Ft. Not Under Paving Ft. Not Under Paving
Feet Under Paving Feet Under Paving
(b) Modification to existing facilities other than described above (explain fully):
That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows:
FPL AGREES:
1. To install or modify the street lighting facilities described and identified above (hereinafter called the Street Lighting System), furnish
to the Customer the electric energy necessary for the operation of the Street Lighting System, and furnish such other services as are
specified in this Agreement, all in accordance with the terms of FPL's currently effective street lighting rate schedule on file at the
FIodda Public Service Commission (FPSC) or any successive street lighting rate schedule approved by the FPSC.
THE CUSTOMER AGREES:
2. To pay a contribution in the amount of $ prior to FPL's initiating the requested installation or modification.
3. To purchase from FPL all of the electric energy used for the operation of the Street Ughting System.
4. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective street lighting rate schedule on
file at the FPSC or any successive street lighting rate schedule approved by the FPSC, for facilities and service provided in
accordance with this agreement.
5. To provide access, final grading and, when requested, good and sufficient easements, suitable construction drawings showing the
location of existing and proposed structures, identification of all non-FPL underground facilities within or near pole or trench locations,
and appropriate plats necessary for planning the design and completing the construction of FPL facilities associated with the Street
Lighting System.
6. To perform any clearing, compacting, removal of stumps or other obstructions that conflict with construction, and drainage of rights-of-
way or easements required by FPL to accommodate the street lighting facilities.
IT IS MUTUALLY AGREED THAT:
7. Modifications to the facilities provided by FPL under this agreement, other than for maintenance, may only be made through the
execution of an additional street lighting agreement delineating the modifications to be accomplished. Modification of FPL street
lighting facilities is defined as the following:
a. the addition of street lighting facilities:
b. the removal of street lighting facilities; and
c. the removal of street lighting facilities and the replacement of such facilities with new facilities and/or additional facilities.
Modifications will be subject to the costs identified in FPL's currently effective street lighting rate schedule on file at the FPSC, or any
successive schedule approved by the FPSC.
8. FPL will, at the request of the Customer, relocate the street lighting facilities covered by this agreement, if provided sufficient fight-of-
ways or easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer-
requested relocation of FPL street lighting facilities. Payment shall be made by the Customer in advance of any relocation.
9. FPL may, at any time, substitute for any luminaire/lamp installed hereunder another luminaire/~amp which shall be of at least equal
illuminating capacity and efficiency.
10. This Agreement shall be for a term of ten (10) years from the date of initiation of service, and, except as provided below, shall extend
thereafter for further successive periods of five (5) years from the expiration of the initial ten (10) year term or from the expiration of
any extension thereof. The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not
the date of this Agreement. This Agreement shall be extended automatically beyond the initial the (10) year term or any extension
thereof, unless either party shall have given written notice to the other of its desire to terminate this Agreement. The written notice
shall be by certified mail and shall be given not less than ninety (90) days before the expiration of the initial ten (10) year term, or any
extension thereof.
11. In the event street lighting facilities covered by this agreement are removed, either at the request of the Customer or through
termination or breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed
cost of the facilities provided by FPL under this agreement less any salvage value and any depreciation (based on current
depreciation rates as approved by the FPSC) plus removal cost.
12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement of otherwise fail to perform the obligations
contained in this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supply
electric energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this
Agreement. Any failure of FPL to exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that such
discontinuance of the supplying of electric energy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve
the Customer of the obligation to perform any of the terms and conditions of this Agreement.
13. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this
Agreement by stdkes, lockouts, fires, riots, acts of God, the public enemy, or by cause or causes not under the control of the party
thus prevented from compliance and FPL shall not have the obligation to furnish service if it is prevented from complying with this
Agreement by reason of any partial, temporary or entire shut-down of service which, in the sole opinion of FPL, is reasonably
necessary for the purpose of repairing or making more efficient all or any part of its generating or other electrical equipment.
14. This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the Customer and
FPL, with respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does
not create any dghts or provide any remedies to third parties or create any additional duty, obligation or undertakings by FPL to third
parties.
15. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL.
16. This Agreement is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations for Electdc Service
and the Rules of the FPSC, as they are wdtten, or as they may be hereafter revised, amended or supplemented. In the event of any
conflict between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the
Electric Tariff and FPSC Rules shall control, as they are now written, or as they may be hereafter revised, amended or supplemented.
INWITNESS WI-IEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized
representatives to be effective as of the day and year first written above.
Charges and Terms Accepted:
FLORIDA POVVER & LIGHT COMPANY
Customer (Print or type name of Organization)
Signature (Authorized Representative) ~. (Signature)' I-
Marietta Hampton
(Pdnt or type name) (Pdnt or type name)
Approve~ as to leg ~a~orm:
By: ~ ~/,~ Title: Construction Services Representative
~City Attorney
[IT¥ OF DELRFI¥ BEII[H
CITY ATTORNEY'S OFFICE ~oo ~ ,~, ^~.~. ~^~.~^~., ~o~,.^ ~...
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRA¥ BEACH Writer's Direct Line: 561/243-7091
Ali. America City
1993
TO: City Commission ~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Coral Trace Developer's Agreement
The attached agreement is between the City and Coral Trace, the developer of the Coral
Trace subdivision. This agreement provides that the Developer shall construct a gravity
sewer connection from an existing lift station to the new collection system for the
residential subdivision. The City shall provide some of the material needed for this
construction. The Developer shall also maintain the landscaping and irrigation located in
the right-of-way for a period of one year after completion of the roadway. Furthermore,
the Developer shall insure that the City has a perpetual supply of water from one of the
lakes in the development to irrigate the public right-of-way of Coral Trace Boulevard.
By copy of this memo to David Harden, our Office requests that this item be placed on
the December 14, 1999 City Commission agenda. Please call if you have any questions.
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Barron Caronite, Asst. City Engineer
Prepared by:
RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
CORAL TRACE DEVELOPER'S AGREEMENT
THIS AGREEMENT entered into this __ day of ,19 ,
by and between the CITY OF DELRAY BEACH, a Florida municipal corporation,
(hereinafter referred to as CITY) and CORAL TRACE, a joint venture (hereinafter
referred to as DEVELOPER), to provide as follows:
WHEREAS, .DEVELOPER, as successor developer of Coral Trace has agreed
to certain subdivision improvements including, but not limited to, improvements of
Coral Trace Boulevard as required by the approved plat thereof in accordance with the
Subdivision Agreement dated May 29, 1997 as amended; and
WHEREAS, the parties agree that Certain issues related to the subdivision
improvements and Coral Trace Boulevard shall be resolved as provided for herein; and
WHEREAS, the DEVELOPER agrees to construct a gravity sewer connection
from lift station 81 to its gravity sewer system.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings set forth herein, the DEVELOPER and CITY hereby agree as follows:
1. The above-stated recitals are incorporated herein as if fully set forth
herein.
2. The DEVELOPER shall pay all costs for and install a controller for the
irrigation system for the public right-of-way of Coral Trace Boulevard by June 1, 2000
in order to separate the public and private irrigation systems. The controller shall be
located within the public right-of-way of Coral Trace Boulevard and must be easily
accessible to the CITY'S maintenance personnel.
3. The DEVELOPER, its assigns and successors, shall insure a perpetual
source of water to the Coral Trace Boulevard irrigation system located in the public
right-of-way. Currently the source of water is from a lake located in Tract D as
indicated on the subdivision plat of Coral Trace. The DEVELOPER, its assigns and
successors shall provide a sufficient time for the 14 irrigation zones located within the
public right-of-way of Coral Trace Boulevard to properly water the landscaping. The
minimum time allowed shall be fifteen minutes per zone which translates into a 3.5
hour time period. The irrigation shall be provided daily and shall be between the hours
of 3:00 a.m. and 7:00 a.m.. If the irrigation pumping station is to be shared with the
Coral Trace community the above stated irrigation time is reserved exclusively for the
irrigation of the public right-of-way of Coral Trace Boulevard. At all times the
DEVELOPER, its assigns and successors, shall insure that there is adequate water
pressure to the irrigation system for the public right-of-way of Coral Trace Boulevard.
The CITY, in its sole discretion, shall determine whether there is adequate water
pressure for the irrigation system. In the event of water restrictions by the South
Florida Water Management District (SFWMD) the CITY and the DEVELOPER, or
its assigns and successors, shall cooperate to comply with the SFWMD watering
restrictions as it relates to the irrigation of the public right-of-way of Coral Trace
Boulevard.
4. The DEVELOPER shall maintain the landscaping and irrigation system
on Coral Trace Boulevard public right-of-way, in a manner acceptable to the CITY, for
a period of one year from the date of acceptance of the roadway by the CITY. At the
end of the one year period the CITY shall re-inspect the public portion of Coral Trace
Boulevard to determine if the landscaping and irrigation system are still in compliance
with the approved plans. If the CITY, in its sole discretion, determines that the
landscaping or irrigation system is not in compliance with the approved plans and the
terms of this Agreement then the DEVELOPER shall bring the landscaping and/or
irrigation system into compliance with the approved plans or the terms of this
Agreement prior to acceptance by the CITY.'
5. The DEVELOPER shall construct a gravity sewer connection from the
existing wet well of Lift Station 81 to the new collection system within the residential
subdivision shown as Coral Trace, on the Coral Trace plat at its own expense. The
CITY will provide materials shown on Exhibit "A", attached hereto and incorporated
herein, for wastewater collection/transmission system construction. The CITY shall
not be responsible for providing any other material that is not listed on Exhibit "A".
The gravity sewer connection shall be installed in a manner acceptable to the CITY, in
its sole discretion and in keeping with reasonable engineering criteria, by January 1,
2001. If DEVELOPER fails to provide an acceptable gravity sewer connection to the
CITY, the CITY shall notify the DEVELOPER and allow DEVELOPER sixty (60)
days in which to correct the defects. If the DEVELOPER fails to correct the defects
within the 60 days then the CITY may, in its sole discretion, make a claim on the
Irrevocable Letter of Credit, No. 29534393, or exercise any legal or equitable remedy
it has at law.
6. Any claims, lawsuits or disputes that may arise under this Agreement
shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida.
7. This Agreement constitutes the entire agreement and understanding of
the parties, as it pertains to the construction or installation of water, sewer, drainage
and roadway improvements. There are no representations or understandings of any
kind not set forth herein. Any amendments to this Agreement must be in writing and
executed by both parties.
8. The DEVELOPER shall indemnify, hold harmless, and defend the
CITY, its employees, agents and officers from and against any and all damage, loss,
claim, of whatever kind, arising from the construction and maintenance of the irrigation
system and landscaping in the public right-of-way of Coral Trace Boulevard up to the
time of acceptance by the CITY.
9. It is the intent of the parties that this Agreement shall run with the land.
This Agreement shall be recorded in the public records of Palm Beach County, Florida
and shall be binding on the parties legal representatives, heirs successors and assigns.
IN WITNESS WlffEREOF, the parties hereto have entered into this Agreement
4
as of the day and year first above written.
ATTEST: CITY OF DELRAY BEACH
By:
City Clerk Mayor, Jay Alperin
Approved as to Form:
City Attorney
WITNESSES: CORAL TRACE, A Joint Venture
By: Spear Coral Corporation
By:
Jeffery Spear
(Name Printed or Typed) President, Spear Coral Corporation
(Name Printed or Typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
., 199~, by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public
13:39:30 OCT 11 1999 FERGUSON E~ERPRISES. I~.
FERGUSCN UNOEI~..d~OU,~D I~ J125
Price Quotation
Phone: 954-973-8100
Fax : 954-960-0095
Bid ~ .... : I)27221
Bid ~ate..: 10/11/99 Cust I:'ho~: ~l-Za3-7000
Quoted By.: I;)LT Terms .... .. NS_T lOTH I~X
CusLa,~er..: CITY OF DELRA¥ BEACH Ship To...: CiTY OF DEI.RAY BEACH
100 NN. 1ST AVENUE ldo NN. ]ST AVENUE
OELRAY B-ACH, FL 334Y.~ OELRAY BEA~, FL 33,~4
Cust PO.,)..: Job H~e..: 1.5 //81
l~a~ Description Q~ntity Net Price tI4 Total
LIFT STATI'~
PIPE & FITTS ~.0 MIL EI~)XY
SSFAPU 6 SS FLG ACC P~G Z 16.000 EA 32.00
FCRXU 8X6 DI 125# H. GO CCNC R~ Z 165.000 EA 330.00
SSFAPX 8 SS FLG ACC PN'G Z4 ]8.000 EA 252.00
FPPX20 8 X 20 FT FLG X PE PIPE 2 850.000 EA 1700.00
FPPXlO 8 X 10 FT FLG X PE PIPE 2 450.00(1 EA 900.0(1
FgX 8 DI 125/~ FLGD 90 BE~ND Z 150.000 EA 300.00
AFC52SCI. Wl( 8 FLGO LEV & WE. IG~IT CHC--CK VLV 2 950.000 EA 1903.00
Dl18FX 8 CI FLGI) N~i LU8 PLUG VLV 2 535.000 EA 1070.00
FUFAZOOC8 8 ~25ff LltIFL~E AE~T FOR Iii 8 32.000 EA 256.00
Net Total:
Tax: 0.00
Total: 6740.00
Quoted prices an) based upon receipt of the toLal quantity For jllT~Jalce shipment
only, and are offered contingent upon the Buyer's acceptance of Seller's ter~s
~d col~itJons. Seller' objects to all other te~,q~ and conditions. Future
shil~ents subject to price changes. Seller nat respansible for delays by causes
beyond our control. Purchaser's sole ~lrranties, if any, are those provided by
the manufacturer. SELLER OISCLAII4S ALL E)~I~SS OR II. LIED NAiU~,~TIES, INCLUOI~
ALL IIt~LIED WA~qA,~IcJ OF HERCi~AB[LITY/b~lD DITNESS OR FITN~S FOR A PARTICUI.A~
PUPJ:OSE. In no event will Seller be liable far any incidental, punitive, splzcial
or consequential dana.aes.
SOUTHEASTERN PUMP
P.O. Box 100727, Ft. IJuderdale, FL 33310 O_UOTE DATE:, II-~-c/c{
Brow. (954) 781-8400 Palm Beach {407) 734-1949 ORDER DATE:
FAX (954) 781-8434
BILL TO:. SHIP TO:
CALLER: _~-.c~ yT~/u ..... PHONE #: (s'~,,)~/$-~-~ FAX #:
CUSTOMER P.O. # SHIP VIA: DATE SHIPPED: JOB N,~ME:
IQ'FY. DESCRIPTION Wq'. REFEREI~E SELL
#
Cpfr ..........
EQH~ ORDER[D ON_S~CO P.O.~s
ORDER TOTAL
(W/O r~ OR F~IG~)
CHARGE CU~OM~IG~ C~RGE CU~~T~7 '
YES ~ YES ~
Data Flow Systems, Inc.
October 8, 1999 Quote No. 991008-02-rw
Mr. Clayton Gilbert
City of Delray Beach
Fax: 561-243-7344
Re: LS #81 Rehab
Dear Clayton:
Per your request, ! am enclosing the following quotation. These components are compatible with
The City of Delray's existing telemetry system. This quote includes, and is limited to, the
following:
(1) RTU204 ...................................................................... $ 5311.00
(1) 316 ss enclosure w/Modular Backplane
(1) Power Supply Module PSM002
(1) Radio Interface Module/radio RIM006
(1) 7.0 ah Battery
(1) RF Pigtail
(1) 22' RTC400 coaxial cable w/connectors
(1) RTA411 directional antenna w/mast only
(1) Complete Surge Suppression Kit
(1) Pump Con[roi Module ................................................ $1,065.00
(1) Analog Monitor Module ......................................... 999.00
(1) installation, Travel and Miscellaneous Hardware ........ 875.00
This quotation totals $ 8250.00. Terms are NET 30. Lead time is 8-10 weeks ARO. This quote
will be honored for 90 days.
Please call with any questions or comments.
Thank you for your inquiry.
Sincerely,
Data Flow Systems, Inc.
Randy E. Wyatt,
Sales Consultant
cust~de~,r-4y
end of fax
Data Flow Systems. Inc. · 659 Eau GalJJ.¢ Blvd. ,~ l~[¢lbount¢. Florida 32935 ,~ PH:(407) 259-5009 · FA.Y{407)259---t006
1
[ITY OF [IELRI:IY BERrH
CITY ATTORNEY'S OFFICE ~oo ~ ,~, ^.,,~,~,~. ~,,~,_,,^¥ ,,,~^~.,,~,.o,,,~^ ~,.
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
lll.l~ca City MEMORANDUM
~llllillll! DATE: December9, 1999
~ 993 TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attorney~
SUBJECT: Resolution 79-99 -- Setting Public Hegring for Consideration of Royal
Palm Boulevard Special Assessment District
The attached resolution, if approved, will set the date for the public hearing
regarding the establishment of the Royal Palm Boulevard Special Assessment District.
The City Clerk will be mailing notices to the individual property owners of the hearing
and the assessment amount.
Please place this item on the agenda for the December 14, 1999 City Commission
meeting. If you have any questions, please do not hesitate to call.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
Chris Brown, Director, CRA
RESOLUTION NO. 79-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SETTING A PUBLIC HE, ARING DATE FOR
THE PUBLIC HEARING REGARDING THE CONSIDERATION OF THE
ROYAL PALM BOULEVARD SPECIAL ASSESSMENT DISTRICT;
PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE
REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, at the November 2, 1999 meeting, the City Commission of the City of Delray
Beach declared a necessity for the improvement of Royal Palm Boulevard through the adoption of Resolution
No. 71-99; and
WHEREAS, pursuant to the requirements of state law and the City's Land Development
Regulations, a preliminary assessment roll was prepared showing the lots to be assessed and the amount of the
assessments; and
XVHEREAS, the City Commission must provide notice of the assessments and hold a public
hearing prior to the adoption of the preliminary assessment roll.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a public hearing shall be hdd on January 18, 2000, at 7:00 p.m. at the Delray
Beach City Hall City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. At the public
heating, owners of the property to be assessed or any other persons interested therein may appear before said
governing authority and be heard as to the propriety and advisability of making such improvements.
Section 2. That the City Clerk shall mail notice of the public hearing to each property owner
listed in the preliminary assessment roll.
Section 3. That the City Clerk shall publish notice of the public hearing in a newspaper of
general circulation within the county by two publications a week apart with the last publication occurring at least
one week prior to the date of the heating.
Section 4. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on thi, jtthe 14,~y~ December, 1999.
.... City ~l~rk
ROYAL PALM
~ SPECIAL ASSESSMENT DISTRICT ~
SECTION: 09 ASSESSMENT: $2,882.00
SUBDIVISION: 18 PARCEL ADDRESS:
BLOCK: 001 LOT: 0010 1645 N Federal Hwy
OWNER INFORMATION: LEGAL:
Antonio's Mama Rosa Inc ROYAL PALM GARDENS PL 3
1645 N Federal Hwy LOTS 1 & 2, LT 3 (LESS RD R/W),
Delray Beach, FL LOTS 4 & 5 BLOCK A
33483
SECTION: 09 ASSESSMENT: $7,205.00
SUBDIVISION: 18 PARCEL ADDRESS:
BLOCK: 001 LOT: 0060 Royal Palm Blvd
OWNER INFORMATION: LEGAL:
Madonna, Nicla & Maria R ROYAL PALM GARDENS PLAT NO 3
40250 Pinetree Dr LOTS 6, 7, 8, 9, & 10 BLOCK A
Plymouth, MI
48170
SECTION: 09 ASSESSMENT: $12,955.00
SUBDIVISION: 18
BLOCK: 001 LOT: 0110 PARCEL ADDRESS:
Royal Palm Blvd
OWNER INFORMATION: LEGAL:
Mull, Paul ROYAL PALM GARDENS PLAT NO 3
316 West High St W LOTS 11 TO 15 INC BLOCK A &
Rockville, IN LOTS 12 TO 15 INC BLOCK B
47872
SECTION: 09 ASSESSMENT: $9,101.00
SUBDIVISION: 18 PARCEL ADDRESS:
BLOCK: 002 LOT: 0080 Royal Palm Blvd
OWNER INFORMATION: LEGAL:
Payne, Nyoma & Litton, Marsha ROYAL PALM GARDENS PLAT NO 3
750 Royal Palm Blvd LOTS 8, 9, 10, & 25 BLOCK B
Delray Beach, FL
33483
SECTION: 09 ASSESSMENT: $1,441.00
SUBDIVISION: 18 PARCEL ADDRESS:
BLOCK: 002 LOT: 0110 Royal Palm Blvd
OWNER INFORMATION: LEGAL:
Payne, Nyoma ROYAL PALM GARDENS PLAT NO 3
750 Royal Palm Blvd LT 11 BLOCK B
Delray Beach, FL (FIND MSA 642A)
33483
SECTION: 09 ASSESSMENT: $26,961.07
SUBDIVISION: O0
BLOCK: 000 LOT: 1000 PARCEL ADDRESS:
OWNER INFORMATION: LEGAL:
Delray Estuary 9-46-43, SLY 334.66 FT OF NLY
988.58 FT OF ELY 726.15 FT OF
c/o Porten Companies Inc. NE 1/4 LYG W OF & ADJ TO W LI
OF INTRACOASTAL WATERWAY BEING
Deerfield Beach, FL ABNDED LOTS 16 TO 24 BLK A, 16
33442 TO 24 BLK B & LOTS 1 TO 6 BLK
C K/A PT OF FIND MSA 642A OF
ROYAL PALM GARDENS PL 3
TOGETHER WITH:
9-46-43, SLY 971.94 FT OF NLY
1960.52 FT OF E 667.02 FT OF
NE 114 LYG W OF & ADJ TO W LI
OF INTRACOASTAL WATERWAY K/A
ABNDED LOTS 20 TO 27, 29 TO 34
BLK C, 21 TO 27, 29 TO 34 BLK
E, LTS 1 TO 10 BLK F & LAKE OF
LA HACIENDA DELRAY PLAT & E
629.84 FT OF LOT 1 LYG E OF
FED HWY OF HARRY SEEMILLER SUB
Principal 2,882.20
'8%
Annual Payment 429.53
Installment 8% Annual Debt
Number Principal Interest Service
i 198.96 230.58 429.53
2 214.87 214.66 429.53
3 232.06 197.47 429.53
4 250.63 178.90 429.53
5 270.68 158.85 429.53
6 292.33 137.20 429.53
7 315.72 113.81 429.53-
8 340.98 88.56 429.53
9 368.26 61.28 429.53
10 397.72 31.82 429.53
2,882.20 1,413.13 4,295.33
Principal 7,205.44
8%
Annual Payment 1,073.82
Installment 8% Annual Debt
Number Principal Interest Service
i 497.39 576.44 1,073.82
2 537.18 536.64 1,073.82
3 580.15 493.67 1,073.82
4 626.57 447.26 1,073.82
5 676.69 397.13 1,073.82
6 730.83 343.00 1,073.82
7 789.29 284.53 1,073.82
8 852.44 221.39 1,073.82
9 920.63 153.19 1,073.82
10 994.28 79.54 1,073.82
7,205.44 3,532.79 10,738.23
Mull
Principal 12,955.05
Rate 8%
Annual Payment 1,930.68
Installment 8% Annual Debt
Number Principal Interest Service
1 894.28 1,036.40 1.930.68
2 965.82 964.86 1 930.68
3 i 043.09 887.60 1.930.68
4 1~126.54 804.15 1.930.68
5 1.216.66 714.03 i 930,.68
6 1.313.99 616.69 1 930.68
7 i 419.11 511.57 1=930.68
8 1.532.64 398.04 I 930.68
9 i 655.25 275.43 1 930.68
10 i 787.67 143.01 i 930.68
12,955.05 6,351.79 19,306.84
Please note that the interest reflected in the above schedules
assume that payments are made on the payment dates. Interest
will be adjusted accordingly.
Principal 9,101.14
8%
Annual Payment 1,356.34
Zns~allmen~ 8% ~1 Deb=
2 E7~.~1 677.83 1,356.34
3 732.T9 623.55 1,3S6.34
4 791.41 564.93 1,356.34
5 85%.T2 501.62 1,356.34
6 923.10
8 1,076.71 2T9.63 1,356.34
9 1,162.84 193.50 1,356.34
10 1,255.87 100.4~ 1,356.34
9,101.14 4,462.24 13~563.3B
Principal 1,441.10
Annual Pa~mmn= 214.77
InsU&llm~n= 8% A~nual
I 99.48 115.29 214.77
2 107.44 107.33 214.77
5 13S.34 79.~3 214.77
6 146.17 60.60 214.77
7 15~.86 ~6.91 214.7~
8 1q0.49 44.28 214.77
9 184.13 30.64 214.77
10 198.86 1S,91 214.77
1,441.10 ~b6.56 2,147.66
Please note thac the ingaresC refleeCed in the aJ~ove schedules
1,86~.11 2,~S6.89 4,0L~.99
2,0~0.00 2,008.00 4,0~.99
2,~?O.BO ~,84~.20
2,344.46 ~.673.53 4,0~.99
2,532.02 Z,48S.98 4,017.99
2,734.58 Z,283.4Z 4,017.99
2,9S3.35 1,064.65 4,0L7.99
3,189.6~ 828.38 4,01~.99
3,444.q8 5~3.~1 4,017.99
3~20.37 297.63 4,017.99
'~,961'0~ 13,218'.8q 40,179.94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM o°'~-' REGULAR MEETING OF DECEMBER 14, 1999
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CHAZ
EQUIPMENT CO. (S.E. 4TM AVENUE WATER MAIN)
DATE: DECEMBER 10, 1999
This is before the City Commission to approve closeout Change Order #1 in the net deduct amount
of $1,290.50 with Chaz Equipment Co., Inc. for the S.E. 4th Avenue Water Main Improvements
project. The change order represents the plus/minus as-built quantity adjustments based on actual
field measured quantities.
Also requested is final payment in the amount of $35,382.87 to Chaz Equipment. The project is
complete and has been inspected and approved by staff.
Funding will be from 442-5178-536--63zS0-(W&S Renewal & Replacement ./'~tm--Ma~s).
~/. 7~' go~r~_~e tg/5~co-ror~ .r~n~o.
Recommend approval of closeout Change Order #1 and the request for final payment to Chaz
Equipment Co., Inc. for completion of the S.E. 4th Avenue Water Mare Improvements project.
RefiAgmemol 6.Closeout. Chaz Equip.SE4thAveWater Main
Agenda Item No.: ~
AGENDA REQUEST
Date: December 8, 1999
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: December 14,1999
Description of item (who, what, where, how much): Attached for Commission approval is an
agenda request for final plus/minus as-built quantity change order (C.C. #1, final) to Chaz Equipment Co.,
Inc. for the SE 4'h Ave Water Main (PN 99-49);. The amount of C.C. #1, final is a net deduct of $1,290~50.
Approval is also requested for final payment to be made to Chaz Equipment in the amount of 48,316.60.A
Contractor Evaluation form is attached for your review.
Fu~~~,442-5178-536-61.78 (Water Distribution Improv.)
ORDINANCE RESOLUTION REQUIRED: YES RAFT ATTACHED Y_ES
Recommendation: Staff Recommends approval of the~ontract Addition (C.C. #1)
and final payment to Chaz Eq~nt..~ ~~~/' L" ' ~z'~_"~_.· / ~
Department Head Signature: '- ~. ~? -~-.~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (~red on all items involving expenditure of funds):
Funding available:( YES/~O
Funding alternativ~ (if applicable)
Account No. & Description
Account
B a 1 a nc e ~ _/~ ~.~-. ,
City~nager Review:
Approved for agenda: ~/NO
Hold Until:
Agen~ Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9840.doc
City Of Delray Beach. Department of Environmental Services
MEMORANDUM
To: David T. Harden, City Manager
From: Howard Wight, Dep Director of ConstrJ~(~t~/
Date: December 8, 1999
Re: SE 4th Ave Water Main
Final Closeout Change Order / Final Payment
Attached for Commission approval is an agenda request for final plus/minus as-
built quantity change order (C.O. #1, final) to Chaz Equipment Co., Inc. for the
SE 4th Ave Water Main Improvements (PN 99-49). The amount of C.O. #1, final
is a net deduct of l, 290.5o
Approval is also requested for final payment to be made to Chaz Equipment in
the amount of $48,316.60. A Contractor Evaluation form is attached for your
review.
Funding Source is, from 442-5178-536-,61. ~8 (WATER DISTRIBUTION IMPROVEMENTS)
file: 99-49 (A)
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1, Final PROJECT NO. 99-49 DATE:
PROJECT TITLE: SE 4th Ave Water mAIN
TO CONTRACTOR: Chaz Equipment Co., Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus minus as-built quantity changes per Schedule A attached
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $205,965.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $205,965.00
COST OF CONSTRUCTION CHANGES THIS ORDER ($ 1,290.50)
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $204,674.50
TOTAL PER CENT DECREASE TO DATE .6%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Chaz Equipment Co., Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Sourceis from 441-5178-536-61.78 (Water Distribution Improv.)
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
for Environmental Services Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
CITY OF DELRAY BEACH
S.E. 4TH AVENUE WATERMAIN
SCHEDULE OF VALUES
PAYMENT APPLICATION: 2 APPLICATION DATE: 1 2/1/99
APPLICATION NUMBER: 2 PROJECT NO: 99-049
PERIOD FROM: 10-7-99 thru 12-7-99
UNIT CONTRACT THIS PERIOD TOTAL TO DATE
NO DESCRIPTION QUANTITY UT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
1 Maintenance of Traffic 1 LS $ 4,500.00 4,500.00 20% $900.00 100% $ 4,500.00
2 Clearing& Grubbing I LS $ 30,000.00 30,000.00 0% $ 100% $ 30,000.00
3 4' Concrete Sidewalk
(6" thick) 10 LF $ 15.50 $ 155.00 125LF $ 1,937.50 125LF $ 1,937.50
4 5' Concrete Sidewalk
(4"thick) 290 LF $ 19.00 $ 5,510.00 108LF $ 2,052.00 397LF $ 7,543.00
5 5' Concrete Sidewalk
(6"thick) 7 LF $ 20.00 $ 140.00 20LF $ 400.00 20LF $ 400.00
6 Concrete Driveway Apron
(6"thick) 4760 SF $ 3.00 $ 14,280.00 4834SF $ 14,502.00 4834SF $ 14,502.00
7 !Asphalt Trench Repair 900 LF $ 10.00 $ 9,0(X).00 0 $ 876LF $ 8,760.00
8 Pavement Maddng &
Signage 1 LS $ 2,500.00 $ 2,500.00 0 $ 0'$
9 Road Swale Grading &
Sodding 4300 SY $ 2.00 $ 8,600.00 2630SY $ 5,260.00 2630SY $ 5,260.00
10 i6"DIPW.M. 2082 LF $ 30.00 $ 62,460.00 0 $ 2,024LF ~$ 60,720.00
11 8" Gate ValveI 8 EA $ 650.00 $ 5,200.00 0 $ 8 $ 5,200.00
12 iFire Hydrant Assembly 2 EA $ 1,800.00 $ 3,600.00 0 $ 25 3,600.00
13 8"xS"T.S.&Valve 1 EA $ 2,100.00 $ 2,100.00 0 $ I $ 2,100.00
14 6"x6"T.S.&Valve 3 EA $ 1,800.00 $ 5,400.00 0 $2 $ 3,600.00
15 Connect to Ex. WaterMain 1 EA $ 2,500.00 $ 2,500.00 0 $ 2 $ 5,000.00
16 Fill & Flush Assembly 3 EA $ 3,000.00 $ 9,000.00 1 $ 3,000.003 $ 9,000.00
17 :Sample Point 6 EA $ 100.00 $ 600.00 0 $ 8 $ 600.00
18 Single Water Service 35 EA 750 $ 26,250.00 (-1) (-750.00) 38 $ 28,500.00
19 Double Water Service 11 EA 800 $ 8,800.00 3 $ 2,400.00 141 $ 11,200.00
20 Remove/Abandon
Existing Water Main 1860 LF $ 1.00 $ 1,860.00 1242LF $ 1,242.00 1242LF $ 1,242.00
21 Utility AIIowance 1 LS $ 2,500.00 $ 2,500.00 0 $ 0 $
22 VidonAIIowance 1 LS $ 1,000.00 $ 1,000.00 0% $ 100% $ 1,000.00
23 Indemnification 1 LS $ 10.00 $ 10.00 0% $ 100% $ 10.00
$206,965.00 $30,943.60 $204,674.60
CHAZ EQUIPMENT COMPANY, InC.
3380 FIARLANE FARMS ROAD #16
WELLINGTON, FLORIDA 33414
DATE: December 1, 1999 PROJECT: S.E. 4th Ave Watermain
REQUISTION NO: 2 PROJECT NO: 99-049
CHAZ EQUIP JOB NO:
GENTLEMEN:
THIS REQUEST FOR PAYMENT IS FOR WORK COMPLETED ON THE ABOVE REFERENCED PROJECT FOR THE PAY PERIOD
ENDING: 12/7/99
TOTALS
TO DATE THIS DO NOT
REQUEST ONLY WRITE IN
THIS SPACE
AMOUNT OF ORIGINAL CONTRACT: $205,965.00
APPROVED CHANGE ORDERS:
TOTAL CONTRACT & APPROVED CHANGE ORDERS: $204,674.50
i
VALUE OF WORK PERFORMED 4.) $30,943.50
(PER BREAKDOWN ATTACHED)
VALUE OF MATERIAL STORED ON SITE 5.)
(PER BREAKDOWN ATTACHED)
TOTAL REQUISITIONED 6.) $204,674.50 $30,943.50
LESS 5% RETAINAGE 7.) $10,233.73 $1,547.18
AMOUNT EARNED TO DATE 8.) $194,440.77
LESS PREVIOUS APPLICATIONS 9.) $159~067.90
AMOUNT DUE 10.)
BALANCE TO COMPLETE 11.) $10,233.73
1 .) The work covered by this Application for Payment has been completed in accordance with the CorYa-ac~ Documents.
2.) All previous progress payments received from the OWNER on account of Work done under the contract referred to
above have been applied to discharge in full all obligations of the CONTRACTOR incurred in connection with WORK
covered by prior Applications for Payment numbered 1 thur 1 inclusive.
3.) TRle to all materials and equipment incorporated to said work or otherwise listed in or covered by this
Application for Payment will pass to the OWNER at time of payment free and clear of all liens, claims, security
interests and encumberances (excep{ such as covered by bond acceptable to the OWNER.)
NOTARY AFFIDAVIT:
Swan to and subscribed before me this day CONTRACTOR
2
o~n ~'~R~r ~ I. TITLE: PRESIDENT
DATE: June 20,
~ o COMMI,~SION dI CC 706499
a~ ~ ~ EXPIRES JAN 5, 2002
¥,~'~_ ~ BONDED THRU
'¢ OF ~,"~ ATLANTIC BONDING CO., IN(:.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/~
SUBJECT: AGENDA ITEM ~- REGULAR MEETING OF DECEMBER 14, 1999
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/TELCON, INC.
(EAST GEORGE BUSH BOULEVARD DRAINAGE IMPROVEMENTS)
DATE: DECEMBER 10, 1999
This is before the City Commission to approve closeout Change Order #1 in the net deduct amount
of $392.41 with Telcon, Inc. for the East George Bush Boulevard Drainage Improvements project.
The change order represents the plus/minus as-built quantity adjustments based on actual field
measured quantities.
Also requested is final payment in the amount of $4,531.05 to Telcon. The project is complete and
has been inspected and approved by staff.
Funding will be from 448-5411-538-63.68 (Storrnwater - George Bush Boulevard Drainage).
Recommend approval of closeout Change Order #1 and the request for final payment to Telcon, Inc.
for comple6on of the East George Bush Boulevard Drainage Improvements project.
Ref:Agmemol 6.Closeout. Telcon. East George Bush Blvd. Drainage
AGENDA REQUEST
Agenda Item No. ~
Date: December 8, 1999
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: December 14, 1999
Description of item (who, what, where, how much): Staff requests
Commission approval of deduct Final Chanqe Order %1, Final to Telcon,
Inc. for the George Bush Blvd Drainage Improvements (PN 98-02).
Change Order %1 represents the plus/minus as-built quantity changes
based on actual field measured quantities. The amount is -$392.41.
Request is also made for approval to make final payment to Telcon in
the amount of $4,531.05. A Contractor Evaluation is attached for your
review.
Funding will be from Account %448-5411-538-63.68 (George Bush Blvd
Drainage Improvements)
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Change Order %1, Final and
Final Payment to Telcon, Inc.
Department head signature: , ~ _ _ ~2 ~-gq
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: ~ES~NO
Funding alternatives~- (if applicable)
Account No & Description
Account Balance
City Manager Review:
Approved for agenda: ~)/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Di sapproved
s: \EngAdmin\Proj ects\ 97 \97-005\OFFICIAL\AG102098. DOC
City Of Delray Beach. Department of Environmental Services
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Deputy Director
Howard Wight
"IL--
SUBJECT: East George Bush l~lv'd Drainage Improvements
Project No. 98-02
DATE: December 8, 1999
Attached is an Agenda Request for Commission approval of deduct Change Order #1,
Final to Telcon Utility Contractors for the above referenced Project. Change Order #1
represents the plus/minus as-built quantity adjustments based on actual field measured
quantities. The amount is net deduct of $392.41.
Request is also made for approval to make final payment to Telcon in the amount of
$4,531.05. A Contractor Evaluation is attached for your review.
Funding will be from Account #448-5411-538-63.68 (Geo Bush Blvd Drainage).
cc: file: S :\EngAdmin\Projects\98\98-02\const\finmemo.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 ,Final PROJECT NO. 98-02 DATE:
PROJECT TITLE: George Bush Blvd Drainage Improvements
TO CONTRACTOR: Telcon, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Final plus/minus as-built quantity changes per Schedule "A" attached
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 77,609.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 77,609.00
COST OF CONSTRUCTION CHANGES THIS ORDER ($ 392.41)
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 77,216.59
PER CENT DECREASE THIS CHANGE ORDER - .5
TOTAL PER CENT DECREASE TO DATE - .5 %
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Telcon, Inc.
(Contractor to sign & seal)
TO BE FILLED OT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Sources are Funding Source is 448-5411-538-63.68 (Gao Bush Blvd Drainage Improvements)
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
for Environmental Services Jay Alperin, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
-- ?
PERIODIC ESTIMATE FOR PARTIAL PAYMENT
Name and Locatlo~ of Project: East George Bush Blvd. Drainage Improvements Project # 438
Name of Contractor: Tolcon, Inc. 4341 NW 19th Avenue, Pompano Beach, FI 33064 Contract # 98-002
Periodic Esllmale #: Final lor Perio~l:
1. COST OF WORK COMPLETED TO DATE UNDER CONTRACT ONLY
Entries must be #r~te~ to v,~rk ~ onsts under the original contract onty.
(Work and coal date under change order is to be show~ in Pad 2 of this Iorm.)
Columns (1) through (5), Enter data ~hcwm In columns 1,2,3,4 and B, respectively.
Columns (6) and (7). Show -II work m~n~leled !o dale uncler original contract,
Column (BI. Enter the dlllerence b~ entries in columrm ($) and (7)
Column (gl. Show percent milo of cntmn~ (rI lo cokeon ($)
CONTRACT COMm. ETED TO D~TE COST OF
UNCOMI~LETEO COMP
ITEM OE"~IflTION Of= ITEM Q~ANT. COST ~ TOTAL CO~T QUANT. TOTAL CO~T WORK
I Mmnlermeeeo~Tr~ I $ a,160.00 $ 4,$~0.00 100~ $ 4.1e0.00 $ 100~
2 Oe~illon~Ctee~ I $ 3,45~.00 $ 3.45300 S 3,45~.00; S
3 'Ty~e'C"W 8 $ t,3~.O0 $ 10.472.00 8:S ~0.472.00 S
4 IS'RC~ 155 S 40+00 S 6,200.00 162 S 6.48G00 S (280.0C 105%
5 ilr~i~Tr~ ~ $ 6~.00 $ 3.630.00 4,4 S 2.904.00 $ 7~iCO
6 24"HO~E,ExNtm~OnTrer, ch 255 $ 71.00 S 18.105.00 253 S 17,963.00 S 142.00
7 l'Ty:oeS-IilA~.~haltO,,~'lay&LevLqing 150 $ 68.00 $ 10.200.00 80.455 5.470.60 $ 4.729.40
8 Va#eyC.~t~ 100 $ 16.00 $ 1.600.00 173 $ 2.768.00! $ (1.168.00) 173%
9 As,or, It Trench Re.ir 465 $ 30.00 $ 13.950.00 45~ $ 13.770.00 $ 180.00 99%
10 P~qlte~ Maddng & Wheel StO~ I $ 3,536.00 S 3,536.00 I S 3.536.0O S 100%
11 Re~t~tion(S~g~ge. Heto~cape. e~c.) I $ 1.993.00 $ 1.993.00 I S 1.993.001 S 100%
12 V~e~,~ ,, 300,00 S 300.0~ S -- iS 3~).00
13 Ineemrdy I S t0g0 $ 10.00 I S 10' !00 S
14 SewerReeair I S 705.50 S 105.50 I S 705.50 S
TOTAl OF COST CO(.UMNS [ S 78.314.50 S 73,685.10 I S 4.62940 94%
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~f~
SUBJECT: AGENDA ITEMff/~- REGULAR MEETING OF DECEMBER 14, 1990
CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/MAN CON,
INC. (NW AREA DRAINAGE, ROADWAY & UTILITY IMPROVEMENTS)
DATE: DECEMBER 10, 1999
This is before the City Commission to approve closeout Change Order #2 in the net deduct amount
of $957.00 with Man Con, Inc. for the Northwest Area Drainage, Roadway and Utility Improvements
project. The change order represents the plus/minus as-built quantity adjustments based on actual
field measured quantifies.
Also requested is final payment in the amount of $22,775.06 to Man Con. The project is complete
and has been inspected and approved by staff.
Funding will be from 442-5178-536-63.50 (R&R - Water Mares).
Recommend approval of closeout Change Order #2 and the request for final payment to Man Con,
Inc. for completion of the Northwest Area Drainage, Roadway and Utility Improvements project.
RefiAgrnemol 6.Closeout. Man Con. NW Area Drainage/Roadway/Utility
Agenda Item No.:
AGENDA
Date: December 8, 1999
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: December 14, 1999
Description of item (who, what, where, how much): Staff requests City
Commission to approve deduct Change Order %2, Final to ManCon, Inc. for NW Area
Drainage Roadway and Utility Improvements - (98-47). It encompasses the final
Contract plus/minus as-built quantity adjustments and is for a net deduct of
$957.00.
Approval is also requested for final payment to be made to ManCon, Inc. in the
amount of $22775.06. A Contractor Evaluation is attached for review.
Funding Source is from 442-5178-536-63.50 W/S R&R Water
ORDINANCE/RESOLUTION REQUIRED: YES DRAFT ATTACHED YE
Recommendation: Staff Recommends approval~of the (C.O. %1, Final)~and final
payment to ManCon, Inc. · . ~ / '
Determination of Consistency with Comprehensive Plan:
Ci~ Attorney Review/Recommendation (if applicable):
Budget Director Review (r/eq~i~on all items involving expenditure of funds): Funding available: (YE~O
Funding alternativeb--' (if applicable)
Account No. & Description ~9-/~,~
Account Balance. FundinE availaSl~ thro~§h emcu~beranc~ f6r PO# 576443.
CityManager Review:
Approved for agenda: ~/NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9612.doc
City Of Delray Beach · Department of Environmental Services
MEMORANDUM
To: David T. Harden, City Manager
From: Howard Wight, Dep Dir Constructionfl~~~
Date: December 8, 1999
Re: NW Area Drainage, Roadway and Utility Improvements
(Project 98-47)
Final Closeout Change Order and Payment Request
Attached for Commission approval is an agenda request for closeout Change Order #2,
Final to ManCon, Inc. on the above referenced Project. It encompasses the final
Contract plus/minus as-built quantity adjustments for a net deduct of $957.00. A
detailed listing of the adjustments are listed on Schedule "A" attached to the Change
Order.
Also attached for Commission approval is an agenda request for final payment to
ManCon, Inc. in the amount of $22,775.16. A Contractor Evaluation is attached for
your review.
Funding is from 442-5178-536-63.50 (WATER MAINS)
File: Memo to City Manager
9847A
:finalpay
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2, Final PROJECT NO. 98-47 DATE:
PROJECT TITLE: Northwest Areas Draiange, Roadway and Utility Improvements
TO CONTRACTOR: ManCon, lnc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Final Plus/Minus As-built Quantity Adjustment per Schedule "A" Attached
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 924,596.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 215,119.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,139.715.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ -957.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,138,758.00
PER CENT DECREASE THIS CHANGE ORDER .. 1%
TOTAL PER CENT INCREASE TO DATE 23.1%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate.
ManCon, Inc.
Funding Source: 442-5178-536-63.50 W/S R & R Water Distribution Improvements
DELLRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
for Environmental Services Jay Alperin, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
Memo
To.' David Harden, City Manager ~ j//~
From: Lula Butler, Director, Community Improvement
Date: December 8, 1999
City Commission Approval of the Extension of a 20' Finger Pier and the Installation of
two 50' Dolphin Piles located at 202 Seabreeze Avenue
ITEM BEFORE THE COMMISSION:
Commission approval of modification to the standards under section 7.9.8 goveming finger piers
pursuant to Section 7.9.4(A), and 7.9.7(C) of Land Development Regulations.
BACKGROUND:
Mr. Marc deBaptiste is requesting a variance from the City Commission, which would provide for a 25-
foot waiver to the maximum 25-foot limitation that these docks are allowed to extend from the seawall.
They will be constructing an extension of 30 feet to an existing 20-foot finger pier located in a basin that
has a clear channel of 6'13 feet of water. The additional 25 feet is required to allow the boats to be
moored safely. The water depth adjacent to the seawall is approximately zero at Iow tide. Mr.
deBaptiste has a boat that draws 2 feet 8inches of water. At Iow tide, the boat must be moored beyond
20 feet to be safe from damage. Since the Thomas Street storm pump is adjacent to the current dock,
there is a build up of sediment creating shallow water conditions. The dolphin pile waiver is required to
allow the two dolphin piles to be greater than the 25 feet allowed by Section 7.9.7 (C). This waiver will
allow one dolphin pile to be at 30 feet and one at 50 feet for safe mooring.
The owner has provided a letter of their hardship and has received approval from the Department of
Environmental Protection and Corps. Of Engineers. The appropriate documents are attached for your
reference.
RECOMMENDATION:
Staff recommends City Commission approval of this waiver pursuant to Section 7.9.4(A) and Section
7.9.7(C) of the Land Development Regulation Standards because this modification will not endanger
public safety or welfare and the hardship as presented.
· Page 1
7.¢.
Agenda Item No. : ~'~.
AGENDA REQUEST
Request to be placed on: Date: December 8, 1999
~ Regular Agenda
~ Special Agenda
__ Workshop Agenda
xxxxx Consent Agenda When: December 14, 1999
Description of item (who, what, where, how much): Commission approval of
modification to the standards under Section 7.9.8 governing finger piers pursuant to
Section 7.9.4(A), and 7.9.7 (C) of Land Development Regulations.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend City Commission approval of this waiver pursuant to
Section 7.9.4(A) and Section 7.9.7(C) of the Land Development Regulation Standards
because this modification will not endanger public safety or welfare and the hardship as
presented.
Department Head Signature: '..~,~2~~ ..... ~
City Attorney Review/Recoflffnendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Altematives: .(if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda: &/N%~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Marc deBaptiste
202 Seabreeze Avenue
Delray Beach, Florida 33483
November
22,
1999
~. Ge~ S~one
Ci~ of Dekay Beach
100 No,west Fkst Avenue
Dekay Beach, Florida 33~4
RE: 202 Seabreeze Avenue
Dock Extension
Dear Mr. Sanzone:
The purpose of this letter is to discuss two hardships we are encountering in our attempt to meet
certain code approvals from the City for an extension of our dock. We have made application
with the City of Delray Beach for an extension of our existing dock along with the addition of
two dolphin piles. Our application was recently approved for the extension of the dock from the
Department of Environmental Protection (file number: 50-0161537-001), a copy of which is
attached hereto. There are two elements of our application which do not meet with the City's
code:
1) The overall length of the dock with the new extension and
2) The location of dolphin piles.
Please let me review the hardships that are associated with each of these items. The extension of
our dock is needed in order to safely secure our boat. Our dock is located in a yacht basin, which
begins approximately one block north of Atlantic Avenue on the east side of the Intracoastal
Waterway. We are located between two no-wake zones: one beginning south of the Atlantic
Avenue bridge; the other nmning north which begins approximately two blocks south of the
George Bush bridge. Boats located in our yacht basin experience unusually heavy wave action'
caused by large vessels which pass either side of the Atlantic Avenue bridge. The problem
occurs when boats either traveling south slow down for the bridge, or when traveling north begin
to accelerate. By example, during the time which the boat begins to accelerate in order to obtain
planing speed, it causes an extraordinary amount of wake which creates large swells nmning
through our basin. Our boat draws approximately two feet eight inches and with the waves
requires an initial one and a half to two feet in order to keep from hitting the bottom of the basin.
At low tide, the bottom of the basin is exposed at our seawall and continues at a moderate
downward slope into the basin. Our property is adjacent to the Thomas Street storm pump which
over the years has caused sediment to build up and create shallow water conditions. Having the
bow pointed at the initial wave action will provide the minimum amount of stress on the lines,
docks, and pilings in order to maintain the boat in the safest possible position. Please note that
the yacht basin is not part of any navigable thoroughfare and therefore would not cause any
Mr. Sanzone
November 15, 1999
Page 2
interference from other boats that may be coming along the Intracoastal Waterway or into the
basin.
The extension of the dock was designed to provide the minimum length required in order for our
boat to be situated far enough off the sea wall to accommodate adequate draft due to the heavy
wave action. Since our existing dock is L-shaped, if we were to have the boat located on the
northern side of the dock, another five feet would be required for the extension of our dock. The
proposed area of two new dolphin piles is located within our property-line and the adjacent
property is owned by the City of Delray Beach as part of the Thomas Street right-of-way. We
are aware of no other vessels which would compete for this space and our boat would be located
within the extended line of our property boundary.
Further, the dolphin piles are necessary in order to adequately secure our boat from the unusually
strong wave activity which occurs from boats as they begin to decelerate and accelerate when
passing the Atlantic Avenue bridge.
We would greatly appreciate the consideration of a variance due to these two hardship items in
order for us to complete the necessary repairs and modifications to our dock.
Should you have any questions, please feel free to contact me at (561) 988-8800, extension 104,
or (561) 243-4029.
Sincerely/~
Attachments
11/22/1999 13:85 95442'75168 PAGE 82
Department of
Environmental Protection
~~' 5ou~heas~ District
Jeb Bush P.O. Box 15425 D~vid B. 5~uhs
West Palm Beach, Florida 33416 Secre~
1 1999
~aFc Debaptistc
202 Seabreeze Ave.
Dekay Beach, FL 33483
Re: File No.:50-0161537-001
File Name: Debaptiste, Marc
Dear Mr. Debaptiste:
On October 7, 1999, we received your application for an exemption to perfo~ the follow~g actb,,ifies: m cons~uct
a 5-foot by 30-toot dock extension to ~ existing 225 squ~e foot dock and to install 2 dolph~ piles. The area of the
new dock will be 375 squ~e feet. ~e project is located ~ ~e In~acoastal Wate~ay (Class III Waters), adjacent to
202 Seabreeze Ave., Detray Beach (Section 16, Township 46 South, Range 43 East).
Your application has been reviewed to dete~ine whether it qualifies for ~y of three k~ds of authori~tion that
may be necess~ for works ~ wetl~ds or waters of ~e United States. The k~ds of authod~tion ~e (1)
regulato~ au~orization, (2) proprietau authorization (related to state-owned submerged l~ds), ~d (3) federal
au~ori~tion. ~e authori~ for review ~d the outcomes of the reviews are listed below. Ple~e read each section
c~e~lly. Your project may not have qualified for all t~ee ferns of authorization. If your project did not quali~
for one or more of~e author~tions, refer to the specific section deal~g with that authori~tion for advice on how
to obm~ it.
1. Regulato~ Review. ~e Depa~ent h~ the authori~ to review your project under P~ IV of Chapter 373,
Florida Statutes (F.S.), Title 62, Florida Adminis~ative Code (F.A.C.), ~d in accordance wi~ operating agreements
executed be~een ~e Dep~ent and ~e water management dis~icts, as referenced ~ Chapter 62-113, F.A.C.
Based on the ~fomation you submi~ed, we have detem~ed ~at your project is exempt from ~e need to obtain a
DEP Envkomen~l Resource Pemit under Rule 40E-4.051 (3)(a) and (c) F.A.C.
2. Proprieta~ Review (related to state-owned lands). The Depment acts ~ staff to the Board of Trustees of
the Internal ~provement Trust Fund (Board of Trustees) and issues ce~in authori~tions for the use of sovereign
submerged lands. ~e Depament has the authori~ to review your project under Chapters 253 ~d 258, F.S.,
' ~ ~ oz-o,o.~, 5, F.A.C.
Chapters 18-20 and ~ o-~ 1, F.A.C., and Section ~ ~ ~'' n~
Your project will not occur on sovereign submerged land. Therefore, pursuant to Chapter 253.77, F.S.,
authori~tion from the Board of Trustees is not required.
3. Federal Review (State Programmatic General Permit). Federal authorization for ~e proposed project is
reviewed by DEP pursuant to an agreement between the Depa~ment and the U.S. A~y Co~s of Engineers
(Co~s). ~e agreement is outlined in a document titled Coordination Agreement Between the U.S. Army Corps of
Engineers and the Florida Department of Environmental Protection State Programmatic General Permit, Section
10 of the Rivers and Harb or A ct of 1899 and Section 404 of the Clean Water g ct.
Your project has been reviewed for compliance with a State Programmatic General Pe~it (SPGP). As shown on the
a~ached drawings, the proposed project is consistent with the SPGP program. The a~ached Co~s general
conditions apply to your project. No fu~her penniuing for this activity is required by the Co~s.
"More Protection, Less Process"
Printed on recycled paper.
File Name: Debaptiste, Marc
FDEP File No.50~0161537-001
Page 2
The determinations in this letter are based solely on the information provided to the Department and on the statutes
and rules in effect when the application was submitted. The determinations are effective only for the specific
activity proposed. These determinations shall automatically expire if site conditions materially change or if the
governing statutes or rules are amended. In addition, any substantial modifications in your plans should be~
submitted to the Department for review, as changes may result in a permit being required. In any event, this
determination shall expire after one year.
Notice of Rights of Substantially Affected Persons
Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed
under this determination of exemption have a right to request an administrative hearing (or mediation, if available)
on the Department's decision that the proposed activity qualifies for this exemption. If an administrative hearing (or
mediation, if available) is timely requested by a substantially affected person, the finding that the proposed activity
qualifies for this exemption must be reconsidered, and it is possible that the hearing or mediation could result in a
determination that the proposed activity does not qualify for the exemption. Under rule 28-106.111 of the Florida
Administrative Code, a request for such an administrative hearing (or mediation, if available) must be filed with the
Department's Clerk in the Office of General Counsel within 21 days of either: (a) publication of notice in a
newspaper of general circulation in the county where the activity is to take place; or (b) the substantially affected
person's receipt of written notice which includes the information contained in Attachment A.
The Department will not publish notice of this determination. Publication of this notice by you is optional and not
required for you to proceed. However, in the event that an administrative hearing is held and the Department's
determination is reversed, proceeding with the proposed activity before the time period for requesting an
administrative hearing has expired would mean that the activity was conducted without the required permits.
If you wish to limit the time within which all substantially affected persons may request an administrative hearing
(or mediation, if available), you may elect to publish, at your own expense, the enclosed notice (Attachment A) one
time only in the legal advertisement section of a newspaper of general circulation in the county where the activity is
to take place.
If you wish to limit the time within which any person may request an administrative hearing (or mediation, if
available), you may provide such person, by certified mail, a copy of this determination, including Attachment A.
For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of
sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of
publication, you must provide to the following address a certification or affidavit of publication issued by the
.newspaper. If you provide direct written notice to any person as noted above, you must provide to the following
address a copy of the direct written notice.
Florida Department of Environmental Protection
Southeast District
Submerged Lands & Environmental Resources Program
P.O. Box 15425
West Palm Beach, FL 33416
File Name: Debaptiste, Marc
FDEP File No.50-0161537-001
Page 3
If you have any questions, please contact Lisa Perrone at 561/681-6636. When referring to your project, please use
the FDEP file name and number listed above.
Sincerely,
Timothy Rach
Environmental Manager
Submerged Lands & Environmental
Resources Program
Enclosures
cc: U.S. Army Corps of Engineers
Angelo Zepeda, B.K. Marine Construction, 3500 SW 14th Street, Deerfield Beach, FL 33442
Attachment A
Notice of Determination of Qualification for Exemption
In the Matter of an Application ~
for a Determination of Qualification and Exemption by: FDEP File No. 50-0161537-001
Marc Debaptiste, 202 Seabreeze Ave., Delray Beach, FL 33483 County: Palm Beach
The Department of Environmental Protection gives notice that it has determined that the above project qualifies for
the exemption established under 40E-4.05 l(3)(a) and (c) F.A.C. to construct a 5-foot by 30-foot dock extension to
an existing 225 square foot dock and to install 2 dolphin piles. The area of the new dock will be 375 square feet.
The project is located in the Intracoastal Waterway.
The Department's determination shall become final unless a timely petition for an administrative hearing is filed
under sections 120.569 and 120.57 of the Florida Statutes. The time and procedure for petitioning for a hearing are
set forth below. Upon the timely filing of a petition, this determination will not be effective until further order of
the Department.
A person whose substantial interests are affected by the Department's decision may petition for an administrative
proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the
information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. The petitioner
shall also mail a copy of the petition to the applicant at the address indicated above at the time of filing.
Petitions must be filed within 21 days of publication or receipt of this written notice, except that a petition by any
person entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 21 days of
receipt of the written notice. The failure of any person to file a petition within the appropriate time period shall
constitute a waiver of that person's right to request an administrative determination (hearing) under sections
120.569 and 120.57 of the Florida Statutes. Any subsequent intervention (in a proceeding initiated by another
party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-
106.205 of the Florida Administrative Code.
A petition must contain the following information:
(a) The name, address, and telephone number of each petitioner; the Department file identification number
and the county in which the subject matter or activity is located;
(b) A statement of how and when each petitioner received notice of the Department action;
(c) A statement of how each petitioner's substantial interests are affected by the Department action;
(d) A statement of the material facts disputed by the petitioner, if any;
(e) A statement of facts that the petitioner contends warrant reversal or modification of the Department
action;
(f) A statement of which rules or statutes the petitioner contends require reversal or modification of the
Department action; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wants
the Department to take.
A petition that does not dispute the material facts on which the Department's action is based shall state that no such
facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-
106.301.
Because the administrative hearing process is designed to re-determine the Department's determination, the filing of
a petition means that the Department's final determination may be different from the determination stated in this
notice. Persons whose substantial interests may be affected by any change in the Department's determination have
the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.
Mediation under section 120.573 of the Florida Statutes is not available for this proceedirlg.
The application is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday
through Friday, except legal holidays, at the Southeast District office, 400 North Congress Avenue, West Palm
Beach, Florida.
GENERAL CONDITIONS FOR FEDERAL AUTHORIZATION FOR SPGP III-R1
General Conditions
' t. The time limit for completing the work authorized ends on December 17, 2003.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms
and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity,
although you may make a good faith transfer to a third party in compliance with General Condition 4 below.
Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith
transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the
Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible
for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature and mailin~ address of the new
owner in the space provided below and forward a copy of the permit to this office to validate the transfer of this
authorization.
5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to
ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Further Information:
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the'
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or
from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on
behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the
following: ~
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete,
or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to
comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the
terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the
transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have
the transferee sign and date below.
(TRANSFEREE-SIGNATURE) (DATE)
(NAME-PRINTED)
(ADDRESS)
Manatee Conditions for Federal Authorization
1. The permittee shall instruct all personnel associated with the project of the potential presence of
manatees and the need to avoid collisions with manatees. All construction personnel are responsible
for observing water-related activities for the presence of manatee(s).
2. The permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act
of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. The
permittee and/or contractor may be held responsible for any manatee harmed, harassed, or killed as a
result of construction activities.
3. Siltation barriers shall be installed and shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be monitored regularly to avoid manatee entrapment.
Barriers shall not block manatee entry to or exit from essential habitat.
4. All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in
water where the draft of the vessel provides less than four feet clearance from the bottom and that
vessels shall follow routes of deep water whenever possible.
5. If a manatee is sighted within 100 yards of the project area, all appropriate precautions shall be
implemented by the permittee/contractor to ensure protection of the manatee. These precautions shall
include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any
equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment.
Activities will not resume until the manatee(s) has departed the project area of its own volition.
6. Any collision with and/or injury to a manatee shall be reported immediately to the "Manatee Hotline"
at 1-800-DIAL-FMP (1-800-342-5367). Collision and/or injury should also be reported to the
U.S. Fish and Wildlife Service in Vero Beach (1-561-562-3909) in south Florida.
7. Temporary signs concerning manatees shall be posted prior to and during construction/dredging
activities. All signs are to be removed by the lessee/grantee upon completion of the project. A sign
measuring at least 3 feet by 4 feet which reads Caution: Manatee Area will be posted in a location
prominently visible to water related construction crews. A second sign should be posted if vessels are
associated with the construction, and should be placed visible to the vessel operator. The second sign
should be at least 8 1/2 inches by 11 inches which reads:
Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area.
All equipment must be shutdown ifa manatee comes within 50feet of the operation. A collision
with and/or #~jury to a manatee shall be reported immediately to the Florida Marine t~atrol at 1-
800-DIAL-FMP ('1-800-343-5367) and the US. Fish and Wildlife Sera, ice at (1-561-562-3909.)
for south Florida.
SEE MAP NO'S 79 & 80
-, ( NE 15 N LAKE AV
Ida~/ NE 14 St LAKE
/ rJw 12 La BasJn
HIDDEN ~J~ARBOR
L~'lubhouse 1 ST H~DDEN--~
Ida PKJDelrav L* ST
Har~ '.
~ Beach
La
P'ublic '
ClR >
SW T CT;
,YAL PALM
Hater -
MALL
'l]C~'~-~, RATON ATLANTIC ~[11739
BOGA ~ATON ATLANTIC 611739
DOLPHIN PiLE DETAIL
prop. fine prop. line
I
I
I
I
I
existing pier ~0'
proposed dolphinpile
//
clea~ wi~h 2-~8" lag bo~ v':~
existing grade
~ 2" dia. wood
NOTES:
~. Afi piles she#be ~ 2" min. in dia. and sh~# have a min. load
bearing of 'lO tons and have a min. penetration of 'lO' into strata.
2. ff hard strata is incountered a 3' min. penetration is required.
3. All hardware shall be hot dipped gaivanized.
4. Drawing not to sca~e.
;' 'OO~A ¢IATON ATLANTIC 811]'39
FINGER P/ER DETAIL ~~'~' 1
4'
,, ajuminum cap ~
NOTES:
~. All piles shall have e min. penetration of '~0' into strata with
a min. load bearing of '~0 tons.
2. If hard strata is encountered a 3' min. penetration is required.
3. All hardware shall be hot dipped galvanized.
4. All lumber shall be c.c.a, pressure treated.
5. Drawing not to scale.
DEB. APTiSTE I. ~
2O2 Seabre~_ze Ave. J
Delray Beach, Fl.
· .,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~p'b~
SUBJECT: AGENDA ITEM ~/4 . REGULAR MEETING OF DECEMBER 14, 1999
AWARD OF BIDS AND CONTRACTS
DATE: DECEMBER 10, 1999
This is before the City Commission to approve the award of the following bids and contracts:
1. Contract award in the amount of $299,577.75 to Siga, Inc. for construction of the Orchard
View park facility located in front of Orchard View Elementary School on Old Germantown
Road at Linton Boulevard, with funding from 117-4178~572-63.40 (Recreation Impact Fee
Fund/Southwest Park).
2. Award of purchase order in the amount of $18,500.00 to Johnson Davis, Inc. for the
emergency replacement of a segment of a collapsing sanitary sewer gravity main at the
intersection of S.W. 2nd Street and S.W. 7th Avenue, with funding from 442-5178-536-63.51
(R&R/Sewer Mains).
3. Purchase award in the amount of $3~,,,,,~,.0~ to RLS Lighting, Inc., sole source supplier, for
the purchase of 13 park benches and 20 litter containers with liners and lids, to be placed
along East Atlantic Avenue from Swinton Avenue to the Intracoastal Waterway. Funding is
available from 334~6111-519-63.90 (General Construction Fund - Street Furniture/Atlantic
Avenue).
Recommend approval of the purchase and contract awards listed above.
RefiBid.Agmerno. 12.14.99
Agenda Item No. $ f//
AGENDA REQUEST
Date: November 9, 1999
Request to be placed on:
X Regular Agenda
Special Agenda
~ Workshop Agenda When: November 16, 1999
Description of item {who, what, where, how much)~ Staff requests City Commission approve a
construction contract with Siga, Inc., the lowest responsive bidder, in the amount of $299,577.75,
for the construction of Orchard View Park. Funding is available from the Recreation Impact Fee
Fund/Southwest Park, Account No. 117-4178-572-63.40.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve a construction contract with
Sigas, Inc. in the amount of $299,577.75 for the construction of Orchard View Park.
Department head signature: -,- .~ /'Z_- ~-~; ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable):
Account No. & Description 117-4178-572-63.40 Recreation Impact Fee / Southwest
Park.
Account Balance ~ 35'1. ,~ ~o~,o0 o~0 e~J /o~ j q'~/ '"o"7] -(27
City Manager Review: " ' D ' ' - '
Approved for agenda: ~NO ~I
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\..399033~agreql 11699
City Of Delray Beach · Department of Environmental Services
MEMORANDUM
To: David T. Harden
City Manager
.1
From: Howard Wight //.,,,,"~
Dep Director of
cp r ,,on,
Date: December 8, 1999
Subject: AGENDA REQUEST for 12114199
Orchard View Park
Project No. 97-19
Attached is an Agenda Request for City Commission approval of award of contract to Siga,
Incoorporated for the construction of a park facility. The facilities will be located on City owned
property located in front of Orchard View Elementary School on Old Germantown Road at Linton
Blvd. The work generally includes six picnic pavillions, restroom, parking area, playground,
walkways and landscaping/irrigation.
On Wednesday, October 21, 1999, the City opened bids for this project with the lowest
responsive bid at $299,577.75 from Siga, Inc. Engineers estimate for the project was $350,000.
A copy of the bid tabulation is attached for your review. A review of the contractor's references
proved favorable.
Staff recommends City Commission approve an award of construction contract to Sigas, Inc., in
the amount of $299,577.75, for the construction of the new Orchard View Park project. Funding
is available from 117-4178-572-63.40, (Recreation Impact Fee Fund/Southwest Park).
CC: Joe Weldon: Director of Parks & Recreation
Howard Wight; Deputy Director of Construction, ESD
File 97-19 (A)
s\...\97019~agmem 121499
.~. Bidder will complete the Work for the following prices:
I SCHEDULE OF BID PRICES
ITEM DESCRIPTION UNIT QUANTITY UNIT UNIT PRICE EXTENDED
NO TOTAL PRICE
Clearing and Grubbing ! LS $ 49,123.00 $ 49 ~ 123.00
Unhpriceinwords ,Forty-Nine Thousand One Hundred Twenty-Three
Dollars
Cents
Asphalt Parking Areas I LS $ 27 ~ 619.00 $ 27 ~ 619.00
Unit pric¢inwords Twenty-Seven Thousand Six Hundred Nineteen
Dollars
Cents
Pavilion Installations 1 LS $ 20 ~ 819.00 $ 20,819.00
p Unit priceinwords Twenty Thousand Eight Hundred Nineteen
Dollars
Cents i
4 Concrete walkways 400 LF $ 29.62 $ 11,848.00
Unit price in words
Twenty-Nine
Dollars
SixtT-Two
C~n~
$
Asphalt walkways 1,500 LF $ 19.43 $ 29,145.00
Unit price in words
Nineteen
Dollars
Forty-Three
Cents
Schedule of Bid Prices (continued)
6 Landscaping ! LS $ 40,889. O0 $ 40,889. O0
Unit price in words
Forty Thousand Eight Hundred Eighty-Nine
Dollars ~
Cents I
7 Irrigation 1 LS $ 13 ~ 500.00~ $ 13,500.00
Unit price in words ~
Thirteen Thousand Five Hundred
Dollar~
Cents
Playground Area Sitework I LS $ 5,/465.00 $ 5.665.00
Unit price in words Five Thousand Four Hundred Sixty-Five
Dollars
Cents
9 Playground Area Fencing 1 LS $ 5 ~ 050.00 $ 5 ~ 050.00
Unit price in words
Five Thousand Fifty ~
Dollars
Cents
I0
Entrance gate I LS .-.. $ 3,205.00 $ 3,205.00
Unit price in words
Three Thousand Two Hundred Five
Dollars
C~nts
P3.2
;chedule of Bid Prices ~
ll Restroom I LS $ 79,393.75 $ 79~393.75
Unit price in words ~
Seventy-Nine Thousand Three Hundred Ninety-Three
Seventy-Five Cents
Site Amenties ! LS $ 3,511.00 $ 3~511.00
Unit price in words
Three Thousand Five Hundred Eleven
Dollars ~
Cents
'13 Contingency 1 LS $ I0~000.00 $ 10~000.00
Allowance
Unit price in words
Ten Thousand
Dollars
No
Cents
14 Indemnification I LS $ 10.00 $ 10.00
Allowance
Ten
No
Cents
Total Bid Amount
Item 1 Through 14 (in numbers) $
299~577.75
Total Bid Amount
Items I Through 14 (in words)
~_wo Hundred Ninety-Nine Thousand Five Hundred Seventy-Seven
~ Dollars
Seventy-Five
Cents
P3.3
AGENDA REQUEST
Agenda Item
NO.
Request to be placed on:
X Regular Agenda Date: December 08, 1999
__ Special Agenda
__ Workshop Agenda When: December 14, 1999
Description of item (who, what, where, how much): Staff requests Commission award a purchase order
to Johnson-Davis, Inc. for the emergency replacement of a segment of sanitary_ sewer gravi _ty main at the
Intersection of Southwest 2nd Street and Southwest 7th Avenue in the total amount of $18,500.00. The
project generally consists of removal/replacement of the main and restoration of the disturbed area.
Funding is from R&R Account #442-5178-536-63.51, Sewer Mains.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of purchase order to Johnson-Davis, Inc in the amount of
$18,500.00.
Department head siguature: ~( - -~- ~ It5 ~oC-- ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives .(if applicable)
AccountNo. & Description ~-~ / 7~'-5 .~' ~--~ ,~1 ~ ~o,~
Account Bal~ce ~ ~ ~7 ~d~e~ ~ &cf~ ~ 7~. ~r-~/ ~ 'd~rr~ ~/ ~ ~$ / ~/qq~
CiW Manager Review: -~. 0 /~0~
Approved for agenda: ~S~O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approve~isapproved
\\essrv002\davis~FormskAgendaReq 120899.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden
City Manager
FROM: C. Danvers Beat[y, P.E.~
Deputy Director of Publi
DATE: December 8, 1999
SUBJ£CT: Emergency Sewer Main Replacement
Southwest 2® Street and Southwest 7® Avenue
Attached for Commission approval is an agenda request for award of a Purchase Order
to Johnson-Davis, Inc. This P.O. encompasses emergency replacement of
approximately 26 feet of collapsing main line at the Intersection of Southwest 2® Street
and Southwest 7th Avenue (see attached location map), including restoration and clean-
up. The existing line segment is collapsing and infiltration into the system has created a
large cavity adjacent to the roadway.
Three proposals were solicited and received for this work. Johnson-Davis, Inc. at
$18,500.00; followed by Chaz Equipment, Inc. at $36,000.00; and Man Con, Inc. at
$39,900.00. Recently, proposals were solicited for an emergency manhole replacement
in which Johnson-Davis, Inc. was also the Iow quote. The work was awarded to the
second bidder because Johnson-Davis could not respond until after the first of the year.
The emergency line replacement is not as severe as the previous manhole replacement
and can be postponed until after January 1. If acceptable please place this item on the
December 14, 1999 Agenda for consideration by City Commission.
Funding source is from #442-5178-536-63.51 (Sewer Mains).
cc: Richard C. Hasko, Director of Environmental Services
Howard Wright, Deputy Director of Construction
City Clerks Office
U:~vlemos~DHarden 120899.doc
E INEERING
JOHNSON-DAVIS INC.
HEAVY CONSTRUCTION 604 HILLBRATH DRIVE UNDERGROUND UTILITIES
LANTANA, FLORIDA 33462-1694
October 20, !099 561-588-1170 FAX 561-585-5252
CU-C043087
Mr. Howard Wight
City of Delray Beach
434 S. Swinton
Delray Beach, FL 33444
Re: Sewer Repair - S.W. 2"d Street and S.W. 7th Avenue
Dear Howard:
We respectfully submit the following proposal for your review. The work involves the removal
and replacement of approximately 26.0 LF of 8" PVC sewer pipe north of the existing manhole.
The following is our lump sum price for this repair:
Lump Sum $ 18,500.00
Includes: Excludes:
26.0+ LF of 8" PVC 14'+ Cut Permit and Permit Fees
Connection to Existing Manhole Cost of Meter and Water
Dewatering Asphalt Overlay
Removal of Excess Material By-Pass Pumping
Maintenance of Traffic
Density Testing
Sod Restoration
Asphalt Repair
Due to our current workload and the storms we have encountered during the past two months
that have put our crews behind schedule, our immediate response would be difficult for this
emergency repair. If you select Johnson-Davis Inc. to make this repair for the City we will try to
accommodate you as soon as possible.
Siq~ ,
Robert E. Spink
Vice President
w:\proposal'~spin k '~delrayrepair
F~OM : ~haz. ERuipm~n~ FAX NO. : 1561~552180 Oct. 27 1999 03:17PM P2
Wellington, FL 33414
Phone: 561-333~2109
Fax: 561~333-2180
PROPOSAL
Date: October 26, 1999 Work To Be Pedormed At:
S.W. 7th Avenue &
Proposal Submitted To: S.W. 2nd Street, Deiray Beach, FI.
City or Delray Beach
At'tn: Howard Wight
SCOPE OF WORK: Repair No, 1, Repair No.2
Repair No. l
ITEM
1.) Mobilization $ 2,500.00
Z.) M.O.T. $ 1,500.00
3.) Replace 8" Gravity Main Approximately 14' Deep $ 26,500.00
From existing M.H., north 40', using 8" C-900
4.) 6" sewer lateral from new 8" C-900 to existing clay pipe,
within trench line, using 6" S.D.R. 35 $ 500.00
5.) Restoration $ 5,000.00
Total Repair No, 1 ~
Note: if repair of existing main exceeds 40 ff., a charge of $200.00 per fi. will be added
Repair No. 2
ITEM
1.) Mobilization $ 2,500.00"
2.) M.O.T. $ 1,500.00 .
3.) Replace 12" Gravity Main from existing M.H. to existing
pump station approximately t5' deep using 16" C-900 $ 33,500.00
FROM :'Chaz Equipment FAX NO. : 15613332180 Oct. 27 1999 03:17PM P3
Repair No. 2 continued
4.) By-Pass Pumping $2,500,00
5.) Re-hab existing M,H. with Strong Seal High Performance, if
requested by City $ 2,100.00
6.) Restoration $ 1,500.00
Total Repair No. 2 $ 43,600,00
Inclusions: Labor, Equipment and Materials
Exclusions: Permits
Testing Lab Fees
TOTAL REPAIR NO, 1 AND REPAIR NO. 2 $79,600,00
*Note: If Repair No. 1 and Repair No. 2 are conducted at the same time,
there will be no charge for mobiliation or M.QT. for Repair No. 2,
We hereby propose to furnish the labor, equipment and matedal for the above-referenced project for the
above specified price.
WITH PAYMENTS TO BE MADE AS FOLLOWS:
WITHIN 30 DAYS OF INVOICE
The above work is to be performed in accordance with the drawings and specifications submitted
for the above work and completed in a substantial workmanlike manner,
Respectfully submiffed by Chaz Equipment Co., Inc.
Per:
~arY'"Czajkowski
NOTE: Tl~i$ quotation is for your acceptance in its entirety within 15 days. If the quantities or
descriptions requi~ed should change, Chaz Equipment Co., Inc. reserves the right to
submit a revised quotation.
10/27/99 11:~0 FAX 1- 305 4~27 $133 31AN CON, INC ~001/001
mm ~mmm
INCORPORATED
ENGINEERING CONT~OTORS
Broward: (954)
3460 S.W. 11th Street Dada: (954) 94~85E2
Deerfield Beach, Florida 33442 Fax: (954) 427-81 ~ 3
October 27, 1999
Mr. Howard Wight
City of Delray Beach
Department of Environmental Services
Engineering Division
434 South Swinton Avenue
Delray Beach, FL 33444
RE: Sewer Repairs at SW 7th Avenue and SW 2nd Street
Dear Howard:
Our firm is pleased to offer you the following prices for the above project.
1. Repair 8-inch sewer line for a total price ~.00.~
2. Replace the line between the pump station and the manhole with 24-inch PVC
for a total price of $47,900.00.
Exclusions:
1. Power pole relocation.
2. New precast manhole.
Guy A. Mancini
President
Agenda Item No. ~--~
AGENDA REQUEST
Date: 8-Dec-99
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: 14-Dec-99
Description of item (who, what, where, how much): Commission approval to purchase 15 park
benches and 20 litter containers with liners and lids. The benches and receptacles are to be
placed along East Atlantic Avenue from Swinton Avenue to the Intracoastal Waterway. Total
cost for the benches and litter containers is $32,175.00. Funding is available from account # 334-
6111-519-63.90, and # 433-3711-534-49.35.
ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO
Recommendation: Staff recom~~
Department head signature <..-
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation (if applicable){
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description 334-6111-519-63.90, Other Improvements
433-3711-534-49.35, Cart replacement & Renewal
Account Balance $31,800.00, and $110,000.00 ~ ~.! 1,2/to/q~/,¢)o .~ '
City Manager Review:
Approved for agenda: E~NO~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Ag520.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden, City Manager
FROM: Randal L. Krejcarek, P.E., City Engineer;
DATE: 9-Dec-99
SUBJECT: East Atlantic Ave - Street Furniture
Project # 2000-034
Commission Agenda Item
Attached is an agenda item for Commission approval to purchase 15 park benches and 20 litter
containers with liners and lids. The benches and receptacles are to be placed along East
Atlantic Avenue from Swinton Avenue to the Intracoastal Waterway.
The park benches (Palm Beach 6' Green Park Bench) and lifter containers (Palm Beach Green
Litter Container with Liner and Lid) are specialty designs that were chosen by the City of Delray
Beach and the DDA.
Total cost for the benches and litter containers is as follows:
Quantity Unit Price Total Price
Benches 15 $1,085.00 $16,275.00
Litter Containers 20 $ 795.00 $15,900.00
Total $32,175.00
Funding for the benches is available from account # 334-6111-519-63.90 Other Improvements,
and funding for the litter containers is available from account # 433-3711-534-49.35, Cart
Replacement & Renewal.
Please place this item on the 14 December 1999 Commission meeting.
enc
cc: Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
S:~EngAdminV:¥ojectst2000~agendamemoOI-2000-O34. doc ~'~ /~ ~
~d ~4d0~:~0 666Y YY 'un£ ~69££B6~S6 : 'ON BNOHd ~NIJJHgI~S-rd : ~N_H
QUOTE
Hollywood, FL 33023 I ~_~:;" .... _.DATE
QUOTE
NO.
Ph: (954) 983-4340 uc~vr~,¥c, l~vc. 6/15/99 A0615901
N~E / ~DRESS SHIP TO
C[~ of Delray Beach Job 1
Accoun~ Payable
100 NW 1 st Ave
Delmy B~ch, FL 33ddd
561-243-7115
PROJECT ~ Job 1
TERMS , P.O. NO. F.O.B DWG. NO.
Net 30 None
QTY ITEM DESCRIPTION RATE TOTAL
1 : PBA-6-GR Palm Beach 6' Para Bench (Green) 1,085.00 1,085.00
1 LCA-GR Palm Beach Litter Container (with liner & lid) 795.00 795.00
Green
RECEIVED
JUN 1 5 1999
PUBLIC WORKS
Quotation valid for 30 days. TOTAL $4,8eo.0o
Finance Charge of 1.5% per month (18% per annum) will
be made on ali past due accounts. Should litigation be SIGNATURE '" ...
required, reasonable legal fees will also be charged.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~,,~
SUBJECT: AGENDA ITEM ~5~ _ REGULAR MEETING OF DECEMBER 7, 1999
REQUEST FOR WAIVER/CONTRIBUTION FOR IMPROVING AND/OR
EXTENDING S.W. 7'm STREET
DATE: DECEMBER 3, 1999
We received the attached request from Mr. Romula Guilarte, President, Stone Station Florida Inc., to
waive the requirements of LDR Section 6.1.2(A)(2) which calls for a project to contribute half the
cost of hnproving an unimproved local street located on a boundary of a proposed project.
Mr. Guilarte's company is interested in purchasing property located at the southeast corner of S.W.
15th Avenue and S.W. 7th Street for possible industrial development. As indicated in his attached
letter, the purchase will not proceed if the City requires the property owner to pay at least half the cost
of improving and/or extending S.W. 7th Street. The City Commission may waive all or a portion of
this requirement (estimated at approximately $30,000) provided the City Engineer concurs in the
granting of the waiver.
Waivers are typically requested in conjunction with site plan approval applications. In this case,
however, Mr. Guilarte does not want to incur the costs associated with a site plan submittal if he
cannot be assured that he will not be required to contribute to the cost of the S.W. 7th Street
improvements.
Recommend Commission consideration. The City Engineer will be present at the meeting to discuss
the waiver request.
POSTPONED FROM 12/7/99
Ref:Agmemo22.Waiver Request. SW 7~ Street Imp.
'FROM : FA)< NO. : Nov. ;2 1999 09:49AM Piti]?/~
November 12, 1999
~ECEIVE[')
STONE STA'I'ION FLORIDA INC
2so8 NW Co. t NOV i 1999
Pembroke Pines, FI_ 33028
Tel: (954) 4434253 CITY MANAGER
Fax: (954) 443-4254
E-mail: rguilartaC_~aol.eom
Attn: Mr. David Harden
City Manager
City of Dekay Beach
100 NW 1 '~ Avenue
Dekay Beach, Florida, 33444
Dear Mr. Harden:
Our company is purchasing land at the corner of SW 7~h Street and SW 15"' Ay. The
purchase is contingent upon receipt of site plan approval, which will entail considerable
expense including the cost of surveys, engineers, and architects. However, our deal will
not go through if the City requires the property owner to pay for the cost o l' improving
and/or extending SW 7~h Street. Therefore, prior to incurring these expenses, we would
request that. the City confirm that we will not required to conn'ibutc to the cost of thc SW
7tl~ Strccq improvements.
Since time is of the essmme, your prompt attention to this matter would be greatly
appreciated.
Please feel f~ee to call should you have any question or ill can be of further assistance.
Preside ! ~
DELRAY BEACH
AII-JI~,IY~:~iCS[~ 109 h!.W. 1st AVENUE · DELRAY BEACH, FLORIDA 334z:4 . £51/243-7000
,®~ October 21, 1999 *** Via Fax/Mail***
]993
Mr. Rumulo Guilarte
Stone Station Florida, Inc.
12508 NW 18th COUrt
Pembroke Pines, FL 33028
Re' Scaltrito Property, Southeast Corner of SW 'J5th Avenue and SW 7th
Street, Delray Beach, FL
Dear Mr. Guilarte:
This letter is provided as a follow-up to our conversation regarding the status of SW
7th Street extension from SW 15th Avenue to Auburn Avenue, and your request for
zoning verification, as it relates to your proposal to build a three-phased 43,000
sq.fl, industrial development.
SW 74h Street Extension
SW 7th Street is unimproved between SW 15th Avenue and Auburn Trace. It is the
City's intention to eventually have SW 7th Street extended to Auburn Avenue to
improve traffic circulation as it relates to improvements at the Delray Full Service
Center and Catherine Strong Center. Pursuant to LDR Section 5.3.1(A)(Dedication
Required), when development is adjacent to an existing or planned street, the
development shall be responsible for providing one-half of the ultimate right-of-way,
or such portion of that right-of-way which is yet undedicated and which is on that
development's side of the center line. Pursuant to LDR Section 5.3.1(D)(2), the
required right-of-way width for SW 7th Street is 60 feet however, the DSMG
(Development Services Management Group), which is comprised of the City
Manager and Department Heads involved with development review, along with the
City Engineer, have determined that 50 feet of right-of-way is adequate for SW 7th
Street [ref. LDR Section 5.3.1(D)(4)(Reduction in Width)]. This will require
dedication of 25' from the north side of the portion of the subject property east of
Lot 6, Block 3, Replat of Delray Beach Heights Section A & B.
Pursuant to Section 6.1.2(A)(2), when an unimproved local street or alley is located
on a boundary of the project, the project is responsible for providing one-half of the
improvements unless greater participation is required, i.e. when a street is needed
to carry the traffic from the project and/or when additional travel lanes are required
to accommodate the traffic. If it is impractical to physically provide the
THE EFFORT ALWAYS MATTERS
To: Mr. Rumulo Guilarte
Re: Scaltrito Property
Page 2
improvements, this obligation may be met by payment of cash funds equal to the
' current cost for installation of such improvements. As SW 7th Street will not be
used as access by your development, you will be responsible for one-half the cost
of improvements. Based upon preliminary cost estimates prepared by the City's
Engineering Division, the cost would be $80 per foot, or approximately $30,000
($80 X 374'). The City Commission may waive all or a pol-~ion of this requirement
provided the City Engineer concurs in the granting of the waiver. Waivers are
typically requested in conjunction with site plan approval requests.
Zoninc~/Use Verification
The subject property is zoned LI (Light Industrial). The property~is located within
Wellfield Protection Zones 1,2, and 3, and is subject to the Palm Beach County
Wellfield Protection Ordinance. Per your letter, you are requesting verification that
wholesale, sto~-age, and distribution are allowed. As Phase III includes a 10,000
sq.ft, building for stone processing machines for marblelgranite manufacturing, you
also requested verification that manufacturing and assembly of stone similar to King
Marble and Casale Marble Import are permitted.
The wholesale, storage and distribution of stone products is a permitted use in the
LI zone district. Storage of products may not include those which are listed as
Regulated Substances list as maintained per Section 4.5.5.(B)(Wellfield Protection).
Casale Marble Imports is zoned I (Industrial) which allows monument and stone
cutting facilities as a conditional use. King Marble was approved as a
import/export, storage and distribution facility, and their occupational license is for
"merchant - wholesale". The facility is not licensed for stone cutting/fabrication.
The LI zone district does not list stone cutting facilities as an allowable use, and
therefore that use could not be established on the subject property.
Should you have any questions, please contact me at 243-7041.
J pff~, ,~JA. Costello
r, inc~al Planner
c: Diane Dominguez, Director of Planning and Zoning
S :/DocumentslL &MIScaltritoProperty
October 1 g, 1999
STONE STATION FLORIDA INC
12508 NW 18TM Court
Pembroke Pines, FL 33028
Tel: (954) 443-4253
Fax: (954) 443-4254
E-mail: rguilarte~aol.com
Attn: Jeffrey A. Costello, A.I.C.P.
Principal Manager
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida, 33444
Dear Mr. Costello:
As you are aware I am in contract to buy the property SW 15t}~ Ave & SW 8th Street,
Dekay Beach FL.
This property is classified as Light Industrial zone 2, providing the opportunity for
developing wholesale and manufacturing activities, to memion some of them, according
to your codes on section 4.4.26.
In view of the above indicated I like to ~know ifI could use this property for Wholesaling,
Storage, and Distribution; and Manufacturing and Assembly Stone shnilar to King
Marble and Casale Marble Import.
Our intention will be to build a 43,000-sqft building in three faces including at the end of
face III 10,000-sqft space about, to set up stone processing machines for marble/granite
manufacturing similar to our neighboring companies.
I look forward to hearing from you at your convenience.
Ro~ tuloGuil ~a~
Frank A. Scaltrito
4 Via Angelico
Pahn Beach Gardens, FL 33418
November 16, 1999
Mr. David ltarden, City Manager
City of Delray Beach
100 N. W. First Avenue
Delray Beach, Florida 33444
Re: History of Deh'ay Beach Heights, Extension "A" and "B"
The subject land was purchased in early 1984. At the time, the Planning Department was
in process of doing a master plan and we were asked by Mr. McDaniels of the Zoning
Department to join in the process. I purchased a copy of the Zoning Ordinance and paid
the $300 Zoning Change and Filing Fee and obtained a list of all property owners within
the affected area of the proposed change. We notified all affected ovmers and completed
our part of the process leading up to change in zoning.
At a regularly scheduled Council meeting, September 24, 1984, Ordinance No. 71-84
passed first reading, Public hearing to be held November 13, 1984. The Ordinance was
adopted at that meeting. The property was zoned Light Industrial.
In October 1985 we had a proposal from Randy's Ribs to purchase the property and build
a food storage warehouse. The purchaser was told his building plans would not be
approved because there was a plan to extend 14th Avenue to the north, across the East
Side of our property, resulting in a set back of 50 feet. This greatly reduced building
coverage making the property unusable.
In 1986 we proposed to construct an office/warehouse complex. The restrictions placed
upon us were so onerous we could not go further. Yet, the owner of Lots 1 and 2 was
using the property to store construction equipment in an unsightly manner.
In the early part of 1990 we joined with Code lnc. a developer from the Jupiter area to
again explore the possibility of constructing an office/warehouse complex. Mr. Mattson
of Code, Inc. went to city hall to begin this prqiect and was told the property was zoned
RM 15 not light industrial. In February of 1990 the property was rezoned having to do
with the Auburn Trace proposed development adjoining our property to the north. We
xvere never notified of this rezoning and were told it was accomplished by notice in the
local ne,vspaper. Again, we were stymied in the development of this property.
In October 1989 the 14th Avenue extension was completed. The new set back
requirements greatly reduced the value of our property due to its reduction of allowable
building coverage.
November 16, 1999
David Itardin, Page 2
In December 1993 we again pursued the possibility of developing the property. Since
RMI 5 allowed for ] 5 units to the acre we explored the possibility of doing a Government
Section 8 prqiect of low-income housing. After approaching the Planning Department,
we received a letter from Diane Dominguez dated April 1,1994 and were told lhe
property would again be rezoned to Light Industrial with restrictions due to certain "well
fields". Back in 1988 certain water tanks were placed on the West Side of the property
bordering S. W. 15th Avenue. At that time I spoke to a Mr. Pontek in the Utilities
Department and was told these were temporary, "six months at the most". Now we find
out these are permanent installations and greatly affect the development of our property.
Subsequent to this time, we were approached by several developers wanting to purchase
the property but each time they were discouraged when they learned of the onerous
restrictions placed on the properly. This prompted me to write a letter to the City
Attorney, Susan Ruby, requesting the City purchase this property and use it for whatever
purpose it deemed fit. Naturally, the City did not entertain this suggestion.
In the summer of 1997 we received an offer for purchase from Lloyd Hasner, a Deh-ay
Beach Developer. l~lis intention was to construct a small building of about 5,000 square
feet for his company's office and develop the remaining parcel with office/warehouse in
units of 1500 square feet each. The Planning Department informed him there was a
4,000 square foot ~ninimum restriction on this property. This seemed extremely onerous
especially since the properly adjoining ours to the South is zoned to allow mini-
warehouses.
I xvas told by the Planning Department to apply for a "Text Amendment". In November
1997, we paid the required fee and made application that was subsequently approved by
the Plamfing and Zoning Department. Nothing further was heard until April 1998 when
we approached the Planning Department with another project to build office/warehouses
which included units of 2,000 square feet and were told the Text Amendment was turned
down by the City Commission at a meeting on January 16, 1998. Again, we were never
notified of this meeting. On April 28, 1998, I wrote a letter to Mayor Jay Alperin. His
answer in effect said to go back before Planning and Zoning. This seemed unusual and
highly a waste of time. We now had to try to find users of at least 4,000 square feet.
In the meantime we have a drawer full of proposals for the development of the property
all of which did not meet the City's requirements. Each time these prospects are scared
off by Planning either due to the size restrictions, the well fields, or the other restrictions
impeding development.
November 16, 1999
David Hm'din, Page 3
We now have a party wanting to purchase the property who meets all the requirements
and restrictions and he is told the City wants to "take" 25 feet offthe North end for the
extension ofN. W. 7th Street. On top of this, he is told he ina), have to pa), for one-half of
the cost of construction of this street. (See cop.,,, of letter dated October 21, ]999). This is
totally unheard of and should this party not be allowed to proceed without these demands,
he will withdra~v his offer.
We are requesting a waiver of any "taking" of property or paying for construction of/he
street since 7th street will in no way benefit our property. The City of Delray Beach has
caused tls financial burden and irreparable harm over fl~ese past 15 years by impeding the
development of our property.
Respectfully,
Frank A. Scaltrito
12/13/99 17:09 84073627274 SILBERSTEIN ARCH [~001
Silberstein Architects International
1001/2 NE 5lb Avenue, Deiray Bea~, Florida 33483
'iai 561,276,9393
Fax 561,276,0585
License AR0013424
DATE: December 13, 1999
TO: Diane Deminguez
FROM: Jeffrey Silberstem
RE: COA - 399 $ILBERSTEIN OFFICE BUILDING
VIA: Fax
Dear Ms. Dominguez:
You have suggested that we postpone o~ apIom..al ti~ is on tomorrow's city commission agenda. The Historic Preservation
Board and your of:rice would lflce to work with us in re- evaluating thc archilectmal compliance standards, which could result
in our appeal being academic. In the meantime we can continue to build out our space until the two issues we are appealing
m-e resolved. We hope to pull our permit tomorrow and one of our first inspections will be for exterior windows and doors.
This will probably happen in two weeks. We will install all impact windows and doo~s to secure the house while we ae
under construction. If in the event we cannot come to a common agreement or if we loose the appeal, it is understood, we
will have to replace the two windows with wood windows in order to get our certificate of occupancy.
We appreciate your willingness to try to resolve this matter rather man having to resort to an appeal to the commission.
Therefore, we would like to request our appeal be postponed. Please advise when we can meet. We plan to fast wa& our
project and therefore time is of the essence.
Jeffrey $ilberstein, A.I.A.
THRU: DIANE DOMINGUEZ, PLANNING AN DIRECTOR
FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER~'~-~ ~"? 'X~
SUBJECT: MEETING OF DECEMBER 14, '1999. ., ......... ~,
APPEAL OF THE HISTORIC PRESERVATION BOARD'S CONDITION ~OF
APPROVAL TO ADD WOOD WINDOWS AND A DOOR TO THE FRONT
ELEVATION OF AN HISTORIC BANKERS ROW COTTAGE, 219 NE '1~'
AVENUE. SILBERSTEIN ARCHITECTS INTERNATIONAL
The action requested of the City Commission is that ofconsideration of an appeal of the Historic
Preservation Board's condition of approval with respect to the material for exterior windows and
a door on the front elevation of an historic residence which is being converted to an architect's
office.
i
The Board approved the site plan and landscape plan on November 17, 1999; the elevations
and design elements were considered at the same meeting. The Board found the design
elements and elevations to be appropriate with the exception of the use of aluminum for
windows and doors on the front elevation. Impact glass aluminum windows and doors were
approved for the east, north and south elevations. The applicant, who is an architect and the
owner of the property, objected to the use of wood as opposed to aluminum and felt he could
support his ideas if given the opportunity to revise the plans. Staff suggested, and the Board
concurred, that the material of the front windows and doors be tabled or continued. This would
allow the owner to obtain building permits and commence work on all but the front windows and
door, as the site plan and landscape plan had been approved and the east, north and south
elevations posed no problems. The applicant did not want the item continued and the Board
voted to add the conditions to the approval of the elevations.
The property is located on the east side of NE 1st Avenue in the development area between NE
2® and 3rd Streets known as Bankers Row. In 1992 the City, with grant assistance from the
Florida Department of State, Division of Historical Resources, developed an improvement plan
with pre-approved site plans and explicit design guidelines. Bankers Row improvements
include a public parking lot, brick paver sidewalks, decorative street lighting and special
landscaping. The subject cottage has considerable historical significance as it is one of a row of
11 almost identical cottages constructed by the Mackle Company in 1937, which were the first
houses in the City to be insured by the F.H.A.
The Bankers Row Plan, Section IV Implementation, Chapter D, Architectural Improvements
states:
Any changes to the exterior of a structure require review and approval of the Historic
Preservation Board. This is accommodated through the Certificate of Appropriateness
City Commission Documentation
Meeting of December 14, 1999
Appeal of HPB Action - Silberstein Architects International
Page 2
(COA) process. The design guidelines contained in Chapter III of this Plan shall
supersede all other historic ~iuidelines which may exist. Compliance with the style
specific guidelines included herein, shaft warrant issuance of a COA.
The Bankers Row guidelines for architectural improvements discuss repairing existing wood
windows, however, if repair is not feasible, wood windows with real dividing muntin bars should
be used in replica windows, not surface mounted grids that fake their appearance.
In consideration of the South Florida Building Code with respect to hurricane protection for
windows and doors, the HPB relaxed this policy when it approved the use of aluminum windows
with applied muntins to be installed on the side and rear elevations. However, the Board felt
that to approve aluminum windows on the front elevation of what will become an attractive, and
very visible addition to Bankers Row, was not to follow the intent of the above referenced
guidelines.
Of the examples of aluminum windows listed in the applicant's letter of appeal, only 2 are in
Bankers Row, and both were installed before the Bankers Row Plan was developed.
Additionally, in the applicant's letter he states that he purchased $7,000 worth of windows
before the COA review, which is certainly a self imposed hardship. He also states that staff
"agreed to allow" him to submit his plans to the building department before the COA review,
however, staff specifically told him that if he did so, it would be at his own peril. The applicant
proceeded to do major interior construction and some minor demolition to the rear of the exterior
without the benefit of building permits. A stop work order was placed on the job site by the
Chief Building Official.
As stated above the Board approved the site plan, landscape plan and elevations for the east,
north and south elevations and suggested that the west (front) elevation be continued to allow
the applicant to redesign the windows and door. The applicant declined the continuation and
the Board voted to add the condition of approval as follows:
Design Elements
The Board approved the Design Elements for 219 NE 1st Avenue, associated with COA-399
based on positive findings to LDR Section 4.5.1(E), the Design Guidelines and the Bankers Row
Master Development Plan, with the following conditions:
1. That on the front (west) elevation the full length windows and front door be made
of wood;
2. That the 2 sash windows on the front elevation be made of wood with true
divided lights; and
3. That all shutters be mounted in a manner to appear as if they are operable.
The Board members felt that the installation of appropriate wooden windows and a door to the
front elevation would partially conform to the design guidelines set forth in the Bankers Row
Plan. They felt that by allowing the impact resistant aluminum windows and doors on the
balance of the elevations, a reasonable compromise with guidelines and the Standard Building
Code had been accomplished.
City Commission Documentation
Meeting of December 14, 1999
Appeal of HPB Action - Silberstein Architects International
Page 3
Uphold the Historic Preservation Board's decision and require that the conditions of approval be
adhered to.
Filelslpzlhpblcc-doc-Silberstein
Silberstein Architects International
· ' 1001/2 NE 51h Avenue, Delray Beach, Florida 33483
Tel 561,276,93~3
Fax 561.276,0585
License AR0013424
DATE: November 30, 1999
TO: City Clerk
City of Delray Beach
FROM: Jeffrey Silberstein
VIA:RE: Hand DeliveredCOA- 399 SILBERSTEIN OmCE BUILDING
1. We would like to appeal action taken by The Historic Preservation Board regarding the above referenced project.
The board approved the project with the following two conditions which we do not feel are justified:
a. That on the West Elevation the full length windows and front door be made of wood.
b. That the 2 sash windows on the West Elevation be made of wood with tree divided lights.
2. The Historic Preservation Board took this action on November 17, 1999
3. The Basis of appeal is as follows:
a. All windows and doors are specified as aluminum painted white to be hurricane impact resistant,
therefore, not requiring hurricane aluminum shutters. The profile of the windows and doors are designed to
look like the colonial old windows.
b. It is impossible to get wood windows and doors that are hurricane resistant.
c. If wood windows and doors are used it will require unsightly tracks 4 inches above and below the window
frame, to support hun'icane shutters. Another method of fastening is using 1 inch bolts every 6 inches on
center which have to be visible above and below the window frame. We do not prefer to use hurricane
shutters because they are unsightly and because the building is of wood frame and siding coustmction,
permanent fastening penetrations will event-ally cause for water penetration inside the walls. Another
factor is storage of hurricane shutters which presents a problem to a house that is small to begin with.
The use of Hurricane shutters negates the intent of using wood decorative shutters as they cannot be
mounted on the window casing. They will have to be at least 5" from the frame. The Board wants
the shutters to be mounted to appear as if they are operable and if dosed they would cover the window
opening. Being 5 inches from the frame this would be impossible. The Board wants the building to
look "authentic" and this detail is contrary to their intent.
e. The board suggested using the decorative shutters to provide hurricane protection. These shutters would
have to be metal, negating the board' s intent on "authenticity"
· Silberstein Architects International
" 1001/2 NE 5Ih Avenue, Delray Beach, Fbrida 33483
Td 561v2-/'6.939~
F~( 561.276.0585
License AR0013424
cl. Applying wood windows on the West Elevation will have a negative aesthetic effect both on the exterior
and interior. At each comer of the house is an office which would have an aluminum window on one
wall and a wood window on the wall next to it. Not a sensitive approach to design. The same condition
applies to the room where the door is located.
f. The door and windows specified are of the highest quality. They provide hurricane and security
protection which is a major issue for an architectural fn-m with high tech computers. The Windows are
bulletproof which makes it impossible to break into. Not having the ability to use these windows and
doors will pose a serious disadvantage for us regarding insurance and security.
g. There are numerous renovations that have taken place on our stxeet as well as other projects in the
historic district that have replaced existing windows with similar aluminum windows and doors. The
following addresses on NE 1st avenue where these windows and doors have been used are as follows: 123,
201,239 and 348. On Swinton numbers 150, 306, 304 and many more. In fact, one of the board's
member is an architect and when he purchased an historic house and convened it to his office he used
aluminum windows and doors.
h. When we submitted our specifcafions 3 weeks prior to the Board's meeting, the planner Pat Casey never
mentioned that we would have a problem with this specification. The planner knew that we were working
on our plans and had submitted them to the building deparlment. The planner had agreed to allow us to do
this so that we could be ready to start construction as soon as we got the board's approval. Because of
previous experience in this neighborhood and no red flags raised by Pat, we had assumed that we could
use these doors and windows and went ahead and I ordered them. We are sitting on $7,000 worth of
windows and doors that we may not be able to use.
4. Silberstein Architects International is the owner of this house which will become our new office. As architects our
interest in a beautiful project is obvious. We are designing the house to impress our clients and to set an example
for continued positive development of Banker's Row. Our f'n'm has been recognized on numerous occasions by the
American Institute of Architects for excellence in design. We would never specify anything that would be
detrimental to our proven design ethics. Every day we are delayed is hurting us £mancially. I look forward to
presenting our case further at the next commission meeting.
:y~Silberstein, A.I.A.
Principal
M0¥.19.1999 10:20AM CITY OF DE. LRAY BEACH M0.857 P.1/1
Project Name: COA.399 $ilbemtein Office Building
Project Location: 2t9 NE 1~t Avenue
The action before the Board is that of COA-399, which Incorporates the following
aspects of the development proposal for219 NE 1~t Avenue, pursuant to LDR Section
2.4.5(G)(1)(b): ,~
Class Ill Site Plan Modification;
Landscape Plan; and
Design Elements.
The property is located on the east side of NE 1~t Avenue between NE 2~ Street and NE
3r' Street, within the Banker's Row area of the Old School Square Histodc District.
Site Plan
The Board approved COA-399 for the site plan for219 NE 1't Avenue, based upon positive
findings with respect to Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan and Section 2.4,5(F)(5), subjec{ to the
following condition:
1. Install a bike racl~ on the property.
Landscape Plan
The Board approved COA-~99 for the landscape plan for 2t9 NE t~t Avenue. based upon
positive findings with respect to LDR Section 4.6.16.
Design Elements
The Board approved the Design Elements for 219 NE ~.t Avenue, associated with COA-399
based on positive findings to LDR Section 4.5.1(E), the Design Guidelines and the Bankers Pow
Master Development Plan, with the following conditions:
1. That on the front (west) elevation the full length windows and front door be made
of wood;
2. That the 2 sash windows on the front elevation be made of wood with true
divided lights; and
3. That all shutters be mounted in a manner to appear as if they are operable.
FIlels/F'z/hpb/2 ~ 9 NI:: 1 ~t Ave, Silbemtein-ff
Meeting Date: Novpmber 47, 1999
Agenda 1tam: IV-A
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, PLANNING DIRECTOR
SUBJECT: MEETING OF DECEMBER 14, 1999.
APPEAL OF THE HISTORIC PRESERVATION BOARD'S CONDITIONOF
APPROVAL TO ADD WOOD WINDOWS AND A DOOR TO THE FRONT
ELEVATION OF AN HISTORIC BANKERS ROW COTTAGE, 219 NE 1='
AVENUE. SlLBERSTEIN ARCHITECTS INTERNATIONAL
The action requested of the City Commission is that ofconsideration of an appeal of the Historic
Preservation Board's condition of approval with respect to the material for exterior windows and
a door on the front elevation of an historic residence which is being converted to an architect's
office.
The Board approved the site plan and landscape plan on November 17, 1999; the elevations
and design elements were considered at the same meeting. The Board found the design
elements and elevations to be appropriate with the exception of the use of aluminum for
windows and doors on the front elevation. Impact glass aluminum windows and doors were
approved for the east, north and south elevations. The applicant, who is an architect and the
owner of the property, objected to the use of wood as opposed to aluminum and felt he could
support his ideas if given the opportunity to revise the plans. Staff suggested, and the Board
concurred, that the material of the front windows and doors be tabled or continued. This would
allow the owner to obtain building permits and commence work on all but the front windows and
door, as the site plan and landscape plan had been approved and the east, north and south
elevations posed no problems. The applicant did not want the item continued and the Board
voted to add the conditions to the approval of the elevations.
The property is located on the east side of NE 1st Avenue in the development area between NE
'2"d and 3~d Streets known as Bankers Row. In 1992 the City, with grant assistance from the
Florida Department of State, Division of Historical Resources, developed an improvement plan
with pre-approved site plans and explicit design guidelines. Bankers Row improvements
include a public parking lot, brick paver sidewalks, decorative street lighting and special
landscaping. The subject cottage has considerable historical significance as it is one of a row of
11 almost identical cottages constructed by the Mackle Company in 1937, which were the first
houses in the City to be insured by the F.H.A.
The Bankers Row Plan, Section IV Implementation, Chapter D, Architectural Improvements
states:
Any changes to the exterior of a structure require review and approval of the Historic
Preservation Board. This is accommodated through the Certificate of Appropriateness
City Commission Documentation
Meeting of December 14, 1999
Appeal of HPB Action - Silberstein Architects International
Page 2
(COA) process. The desi~ln ~tuidelines contained in Chapter III of this Plan shall
supersede all other historic ~luidelines which ma), exist. Compliance with the style
specific guidelines included herein, shall warrant issuance of a COA.
The Bankers Row guidelines for architectural improvements discuss repairing existing wood
windows, however, if repair is not feasible, wood windows with real dividing muntin bars should
be used in replica windows, not surface mounted grids that fake their appearance.
In consideration of the South Florida Building Code with respect to hurricane protection for
windows and doors, the HPB relaxed this policy when it approved the use of aluminum windows
with applied muntins to be installed on the side and rear elevations. However, the Board felt
that to approve aluminum windows on the front elevation of what will become an attractive, and
very visible addition to Bankers Row, was not to follow the intent of the above referenced
guidelines.
Of the examples of aluminum windows listed in the applicant's letter of appeal, only 2 are in
Bankers Row, and both were installed before the Bankers Row Plan was developed.
Additionally, in the applicant's letter he states that he purchased $7,000 worth of windows
before the COA review, which is certainly a self imposed hardship. He also states that staff
"agreed to allow" him to submit his plans to the building department before the COA review,
however, staff specifically told him that if he did so, it would be at his own peril. The applicant
proceeded to do major interior construction and some minor demolition to the rear of the exterior
without the benefit of building permits. A stop work order was placed on the job site by the
Chief Building Official.
As stated above the Board approved the site plan, landscape plan and elevations for the east,
north and south elevations and suggested that the west (front) elevation be continued to allow
the applicant to redesign the windows and door. The applicant declined the continuation and
the Board voted to add the condition of approval as follows:
Design Elements
The Board approved the Design Elements for 219 NE 1st Avenue, associated with COA-399
based on positive findings to LDR Section 4.5.1(E), the Design Guidelines and the Bankers Row
Master Development Plan, with the following conditions:
1. That on the front (west) elevation the full length windows and front door be made
of wood;
2. That the 2 sash windows on the front elevation be made of wood with true
divided lights; and
3. That all shutters be mounted in a manner to appear as if they are operable.
The Board members felt that the installation of appropriate wooden windows and a door to the
front elevation would partially conform to the design guidelines set forth in the Bankers Row
Plan. They felt that by allowing the impact resistant aluminum windows and doors on the
balance of the elevations, a reasonable compromise with guidelines and the Standard Building
Code had been accomplished.
City Commission Documentation
Meeting of December 14, 1999
Appeal of HPB Action - Silberstein Architects International
Page 3
II
Uphold the Historic Preservation Board's decision and require that the conditions of approval be
adhered to.
F ilelslpzlhpblcc-doc-Silberstein
(:lTV OF DELRR¥ BER£H
DELRAY BEACH
AII-AIIII~jI~ICi[I/ 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 · 5[5 !/243-7000
1993
TO: David T. Harden, Cify Manager
FROM: ¢ Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 14,
1999 APPROVAL SPECIAL EVENT - FOTOFUSION 2000
DATE: December 8, 1999
Action
City Commission is requested to endorse FotoFusion 2000 to be held
January 25th through January 29, 2000, to waive rental fees for use of City
facilities, to authorize staff to make and install event signs and
Photographic Center directional signs, to waive any costs associated in
making and installing the signs, and provide staff assistance in hanging
banners.
Background
Attached is a letter from Fatima NeJame, Executive Director of Palm
Beach Photographic Center requesting the City to endorse the event,
waive rental fees for use of facilities, to make and install signs waiving any
charges for cost, and to hang banners.
City facilities that will be used during the event include Commission
Chambers, the first floor conference room, the Mahogany Room and
Banyan Orchid Room at the Civic Center. The estimated rental charges
for these facilities would be approximately $400.00.
The request also includes event and directional signage. Four (4) event
signs 4'x4' and six (6) directional signs for the center have been
requested. The estimated material cost for these signs is $250.00. They
have also requested that City staff install event banners at the
intersections on Atlantic Avenue from Swinton to A-1-A and in the CRA
parking lot between N.E. 1st and 2nd Avenues. Banners can be hung
utilizing regular time.
THE EFFORT ALWAYS MATTERS
Subject:AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 14, 1999
APPROVAL SPECIAL EVENT - FOTOFUSlON 2000
Date: December 8, 1999
Page: Two (2)
I have included a copy of their proposed '00 budget, '99 actuals and a
copy of the event schedule. The City agreed to contribute S lO,O00.O0 to
this year to the event.
Recommendation
Staff recommends approval of the request from Palm Beach
Photographic Center to endorse the event, prepare signs, provide staff
support for banner hanging, waive rental fees and costs to make
requested signage.
RAB:tas
Attachments
File:u:sweeney/agenda
Doc: Fotofuslon 2000
: December 1999 RECEIVEB
1,
i=,.A. LM · DE C 0 3
~CH : Mr. David T. Harden CITY MANAGER
~~g; · City Manager
· City of Delray Beach
MISSION STATEMENT:
A nonprofit visual arts 100 N. W. ]st Avenue
organization dedicated to Delray Beach, FL 33444
the enrichment of life
through exhibitions,
community programs,
workshops and educational ' Dear David:
activities that promote the
art of photography and
digital imaging. AS yOU know, Palm Beach Photographic Centre will be presenting FOTOfusion
BOARD OF D,REcroRs: ' 2000, its fifth international photography and imaging festival.
Jay Alperin
Phil Arvidson
Fred Frankel ' The only international festival of its kind in the country, FotoFusion 2000 will
Michael Greene
Richard MatheR . transform downtown Delray into the nation's photography capital of the world from
Janice McVay
Trudi Mitchell . January 25 - 29, 2000.
Arthur NeJame
Fatima NeJame
Jim Norman For the continued success of presenting FOTOfusion throughout the City of Delray
Floyd Segel
Sandy Simon ' Beach, we respectfully request the following considerations:
Ken Walters
Dr. Richard Zakia
ADVISORY BOARD: · Endorsement of the event
Robert Brantley
Skip Cohen
Arnold Drapkin ' Waving of rental fees
Congressman Mark A, Foley '
Marjorie Margotis
Commissioner Mary McCarty
Dave Metz * Make and install 4 x 4 event signs on Atlantic Avenue/Federal Highway. Artwork
Timothy Morrissey · to be forward by the Centre as in previous years
Arthur Steinman
Keith Thompson
MUSEUM & GALLERY: ~ Install FOTOfusion banners (provided by The Centre) at all Atlantic Avenue inter-
World-Class Exhibitions sections from Swinton to A1A, and at the parking lot across the street from The
Open Year-Round
- Centre. The banners are ready and could be picked up for installation when the
CULTURAL SUPPORT (~ROUP:
INFOCUS Annual Membership ' Christmas Tree Celebration banners are taken down after the first of the year.
PROGRAMS:
Photography Workshops * Attached is copy of the written request for $10,000 which was approved at the
Digital Imagin9 Workshops
FOTOCamp for Kids ' Delray Beach City Commission meeting on September 21, 1999, for special event
Family FOTOFun Sundays
FOTOBasics ' funding, along with a copy of the approval letter dated October 8, 1999.
Project I See
FOTOExpose
Interactive School Tours · We are very grateful to the City of Delray Beach for all their support in helping
FOTOInsights
FOmOFriends . make FOTOfusion a great success.
Picture My World
Holiday FOTOFun
ANNUAL FESTIVALS: · Sincerely,
FOTOFusion
FOTOFunfest
FOTODelray PALM BEACH PHOTOGP>APHIC CENTRE
DELRAY BEACH, FL 33~,~,~, '
561.z76.9797
FAx: 561.z76.193z
WWW.WORKSHOP.ORG * Executive Director
E-/V~IL:
DBPHOTO~GATE.NET
cc: Bob Barcinski
II
~ c,_~ ~ lei
FOTOfusion '99 Actual
EXPENSES
Guest photographers and picture editors 61,300
airfare 20,800
hotel 26,250
hotel 14,250
Exhibitions 14,000
Rising Star Award 2,000
Marketing 86,400
print advertising 30,000
direct mail brochure 32,000
free events brochure 1,400
postage 14,000
T-shirts 2,000
30 billboards (production only) 4,000
other 3,000
Ground transportation 1,000
Equipment/furniture rental 2,000
Space Rental 5,000
Refreshments 12,000
hospitality suite 1,000
Awards banquet 7,000
other receptions 4,000
Personnel 64,800
administrative 28,000
curatorial 18,800
marketing 18,000
Other festival expenses 40,000
phone, electric, office supplies, insurance, rent
TOTAL EXPENSES $288,500
INCOME
Admissions 163,348
Corporate Support and Grants 125,152
Canon 15,000
Kodak 35,000
Print File 2,000
Time Inc 5,000
Tourist Development Council 35,000
Florida Arts Council 2,500
City of Delray Beach 10,000
Other Income 20,652
TOTAL INCOME $288,500
FOTOfusion '00 Proposed Budget
EXPENSES
Guest photographers and picture editors (80) 61,300
airfare 20,800
hotel 40,500
Exhibitions 29,000
curatorial 14,000
matting and framing 5,000
rental fees, shipping, insurance, etc 10,000
Rising Star Award 2,000
Marketing 93,500
print advertising 35,000
direct mail brochure 32,000
free events brochure 1,500
postage 16,000
T-shirts 2,000
30 billboards (production only) 4,000
other 3,000
Ground transportation (vans and trolley) 4,900
Equipment/furniture rental 2,000
Space Rental 9,000
Refreshments 13,500
hospitality suite 2,000
Awards banquet 7,000
other receptions 4,500
Personnel 50,000
administrative 28,000
marketing 22,000
Other festival expenses 35,000
phone, electric, office supplies, insurance, rent
TOTAL EXPENSES $300,200
INCOME
Admissions 172,000
Gala dinner 5,000
Corporate Support and Grants 123,200
Canon 15,000
Print File 2,000
Time Inc 5,000
Bogen 2,500
White Lightning 2,500
Tourist Development Council 30,000
Florida Ads Council 2,500
Amount of Request 50,000
Other Income 13,700
TOTAL INCOME $300,200
[IT¥ DF DELHI:IV BER£H
DELRAY BEACH
~I-AIINI~I~CiI1/ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000
~TO: David T. Harden, City Manager
993 FROM: ~ Robert A. Baroinski, Assistant City
Manager
SUBJECT: AGENDA ITEM - DECEMBER 14, 1999 SPECIAL EVENT REQUEST -
DOWNTOWN DELRAY ART FESTIVAL
DATE: December 9, 1999
Action
City Commission is requested to endorse the 11th Annual Downtown Art Festival
sponsored by Howard Alan Events, Ltd. to be held January 22-23, 2000, to grant
a temporary use permit per LDR's section 2.4.6(H) for use of city right-of-way, to
authorize staff to apply for the FDOT street closure permit, to authorize staff
support for security, traffic control, and to permit an event sign to be erected on
Atlantic Avenue just east of 1-95 one week prior to the event.
Background
Howard Alan Events, LTD. will again be conducting the 11th Annual Downtown
Arts Festival. This year again, a portion of the proceeds will be given to the Joint
Venture. Mr. Alan is requesting closure of Atlantic Avenue, from just east of
NE/SE 6th Avenue east to Salina. He is also requesting the use of Veteran's Park
for vendor parking and requesting security service from the Police Department.
Mr. Alan has indicated that he would rent and install barricades with volunteers;
however, because Federal Highway, as well as Atlantic Avenue, will need to be
barricaded, I am recommending that City staff install the barricades for safety
reason. The estimated overtime cost for City services $4,000. Mr. Alan will pay for
these costs as well as provide for trash removal, clean up, poda lets, and
barricading. Signage per LDR's section 4.6.7(D)(3)(j)(i) can be installed one
week prior to the event and must be under 20 square feet.
Recommendation
Staff recommends endorsement of the event, granting of the temporary use
permit for the street closure and parking lot use as requested, providing staff
assistance for traffic control and barricading as recommended, and allowing
the event sign to be installed with all overtime costs to be paid by the vendor.
The vendor is also required to provide a certificate of liability insurance and
execute a hold harmless agreement.
RAB:tas
cc: Marjorie Ferrer
File:u:sweeney/ogenda
Doc: l Othfest. art
THE EFFORT ALWAYS MATTERS
BEST
November 12, 1999
Mr. Robert Barcinski
Assistant City Manager
City of Delrav
10~) NW 1 't ,~ve.
Delray Beach, FL 33444
Dear Mr. Barcinski,
It's that time again for Delray's award winning art affair, the 11~ Annual Downtown Delray Festival of the Arts, to be
held on Atlantic Avenue, starting just east of the Federal Highway light and going our typical route to Salena. Salena and
Andrews will be left open.
Please be advised that the following logistics for 11th Annual Downtown Delray Festival of the Arts, January 22 - 23, 2000
will be arranged:
Street Closure: Bon's Barricades will drop off barricades on Friday, January 21, 2000 and our employees will set them up
early Saturday morning.
Police: Lynn Parker at the Delray Police Department will arrange for Police and Security from 10:00am - 5:00pm Sat. &
Sun. and overnight Sat. from 6pm - 6am.
Port-O-Lets & Dumpster: 5 regular and 2 handicap port-o-let have been ordered through Waste Management of Palm
Beach and will be dropped off on Fri., Jan. 21, 2000 and will be picked up on Monday, Jan. 24, 2000 with servicing
Sunday, Jan. 23, 2000. Also, 20 yd. and 30 yd. dumpsters will be delivered Friday and picked up Monday. These will be
placed in areas approved by the Delray Joint Venture.
Trash Receptacles: 40 trash receptacles will be supplied and maintained by our professional clean up crew Profest
(Mitch). They will handle clean up of the trash throughout the area each day.
Vendor Parking: RV's and Large Rig vehicles will park in the municipal parking lots, just west of the Intracoastal
Waterway. Cars and vans will park at Nations Bank during the day only.
Insurance: City required certificates will be issued.
If you have any questions, please feel free to call me at (954)472-3755.
F/l'oward Alan
President
Howard Alan Events, LTD.
9695 '~:. IJI{()¥~'ARI) IJL¥'D. · I~'I,-~NI'~TI¢)N. VI~{)I]II) \ 3:~32 t
(9.5.1.) 172-3755 ,, F'~\ (951)172-;~891
[IT¥ I]F EIELIIR¥ BEI:I[H
DELRAY BEACH
J~-~lll~t~ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 - 561/243-7000
I ~ro: David T. Harden, City Manager
~993 '~FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM - DECEMBER 14, 1999 SPECIAL EVENT
CELEBRATE THE SOUL OF DELRAY
DATE: December 9, 1999
Action
City Commission is requested to endorse the first "Celebrate the Soul of Delray"
event sponsored by the Delray Beach Merchants Association to be held on
Saturday, February 5, 2000 from 10:00 a.m. to 10:00 p.m. and to grant a
temporary use permit per LDR's Section 2.4.6(H)(5) for the closure and use of
Atlantic Avenue from Swinton to NW/SW 5th Avenue. Commission is also
requested to waive LDR's Section 4.6.7(d)(3)(j)(i) to allow event signage to be
installed more than one week before the event, to authorize staff support as
requested for security and traffic control, barricading, clean up and trash
removal, rescue assistance, stage use and set up, FDOT permit application, and
in obtaining power from FPL as needed. Commission is being requested to
waive costs for overtime, power supply, and stage use.
Background
Attached is a letter received from Mr. Clay Weidman describing the event and
requesting staff assistance. The event sponsor will be responsible for managing
the event, obtaining dumpsters and port-a-lets, vendor permitting, and
entertainment. Stages will be set up on the grounds at Old School Square and in
a vacant lot (CRA owned) off Atlantic. The estimated cost for staff overtime for
this event is $10,225.00. Additional costs may be incurred with FPL for power
drops.
Recommendation
Staff recommends consideration of approval of the event, granting the
temporary use permit for street closure, waiving the LDR's for sign installation, to
provide staff assistance as requested, to provide power drops and to waive
overtime costs subject to the submittal of proof of liability insurance and a hold
harmless agreement.
RAB:tas
cc: Marjorie Ferrer
F//e:u:sweeney/oger~da
Doc:~ou/ of de/rOy
THE EFFORT ALWAYS MATTERS
DELRAY BEACH MERCHANTS ASSOCIATION
400 West Atlantic Avenue Delray Beach Florida 33444
December 9,1999
Robert A. Barcinski, Assistant City Manager
City of Delray Beach
100 NW 1 ~t Avenue
Delray Beach, FL 33444
Re: Celebrate The Soul Of Delray, February 5, 2000
The event will mn 10 a.m. until 10 p.m.
Dear Mr. Barcinski:
As you know the Delray Merchants Association and The West Atlantic Redevelopment
Coalition will present "Celebrate The Soul of Delray". This one-day event will extend
fi.om the western corridor of Atlantic Avenue at NW 5t~ Avenue to Old School Square.
This community event will rank with Delray Beach's top events, providing quality
entertainment, vendor booths, delicious food, art and crafts, children's activities, family
fun and a chance to win great prizes.
We have met with representatives of the various City Departments, including the Fire and
Police Departments. They have submitted the proper request for permits for street
closures to your office.
In addition we are requesting assistance fi.om the City of Delray Beach in the following
areas in providing 2 stages, one located at Old School Square and one located at NW 5th
Avenue.
..Request City to obtain FDOT permit
...Request Police Assistance for traffic control and security
Request city staff to set up barricades and traffic detours
Request City staff assistance for trash clean up and provide cardboard for trash
Containers
Request use of and staff assistance to set of large and small stages
Request City to provide FPL power drops if needed for stages
Request fire rescue assistance if needed
Request city to provide event signage and allow to be put up 2-3 weeds before the
Event
Request all city staff assistance and use of equipment at no charge to event
James Tomasso will provide the following:
Permitting for vendors
Dumpsters
Port-O-Lets
Ensure vendors obtain health department and other permits
Handle grease removal and disposal
If you have any questions, please contact me at (561) 276-4915. Your consideration of
this request is appreciated.
Clay Wideman
DMA
...... h~ NE 4th St
i NW 4th _S.[ ~ v'~ ' ~ '
NW 3rd St ~ ~ O; NE 3rd St
!
~ ~ Z
~ ....... z ~a ~st st
~ ~ Atl~ A5 *X* E Atlantic Ave
~ : ~ G ~ SE 2nd St
.... SW 2nd St ............. ~ ~ .....
.......... ~ ~
..~
SW ~d St ~ SE 3rd St
. . ~ .............
~ ~ SW 4th St ~ t SE 4th St
~ - -~*, ....... ~ ~ ....... ~ ................ .
0 yds 2~ 4~
C~ynghl O 19~-1~7. Mi~s~l C~b~ a,-~ its sup~i~ All rights m~. Plea~ ~t ~r w~ ~te al h~:l~aps e~,a ~ P~ 1
[lTV OF DELRRY BEI:I£H
DELRAY BEACH
~Jl-~q'JCaC~ty 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 · 561/243-7000
1993
TO: David T. Harden, City Manager
FROM: ~bert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 14,
1999 SPECIAL EVENT- THIRD ANNUAL BED RACE
DATE: December 8, 199~
Action
City Commission is requested to endorse the Third Annual Bed Race
sponsored by Paragon Events, the Joint Venture, and the Parks and
Recreation Department to be held on January 15, 2000 from 7:00 a.m.
until 5:00 p.m., and to grant a temporary use permit per LDR's Section
2.4.6(H) for the closure of NE 2nd Avenue from the north side of NE 1st
Street to the south side of NE 3rd Street and NE 2nd Street from NE 2nd
Avenue to just west of the railroad tracks. Commission is also requested to
waive LDR's Section 4.6.7(d)(3)(j)(i) to allow event signage to be erected
more than one week before the event, to allow the use of the City stages
(at no charge), to provide staff assistance for trash removal, security and
traffic control, stage set up, and street barricading, and to waive
overtime charges.
Background
This event has previously been held on the 4th of July on east Atlantic
Avenue. Event sponsors felt that this time of year was too hot and we
already had too many activities with the 4th of July.
January 15th is being proposed as the alternative date. It is my
understanding that the stages will be set up off the street, which would
not require overtime. Estimated overtime for this event is approximately
$1,400. Overtime has not been charged to this event in the past because
it was part of the 4th of July event. The event sponsor is also requesting
authority to hang a banner on NE 2nd Avenue.
THE EFFORT ALWAYS MATTERS 9. /~'.
Subject:AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 14, 1999
Special Event- Third Annugl Bed Race
Date: December 8, 1999
Page: Two (2)
Recommendation
Staff recommends approval of the event, the temporary use permit, the
use of the City stages, providing staff assistance as requested, waiving the
code to allow the event signage to be put up on January 5th, and to
waive the overtime costs. We do not recommend approval of the
banner. All approvals to be subject to the sponsor providing the required
liability insurance and hold harmless agreement.
RAB:tas
Attachments
File:u:sweeney/agenda
Doc: Third Ann Bed Race
November 19, 1999
Revision to Correspondence
Dated October 28, 1999
Mr. Robert A. Barcinski
Assistant City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Barcinski:
Enclosed please find information concerning the Third Annual Delray Bed Race to be
held on Saturday, January 15, 2000, produced and operated Paragon Events, Delray
Beach in conjunction with Pineapple Grove Main Street and the Downtown Joint
Venture.
1. Detail description of the boundaries of the event site: The event site will mn
from NE 1st Street, NE 2nd Street along Pineapple Grove Way closing only Pineapple
Grove Way and NE 2nd Street adjacent to the Miami City Ballet.
2. Letter requesting waiver to permit alcoholic beverage consumption on City_
streets: Letter attached.
3. Letter from Esplanade in the Grove approving use of their sites: Letter
attached.
4. Letter requesting waiver of noise ordinance for music: Letter attached.
5. Request for Police Security_: We are requesting the use of Delray Beach Police
officers for security during the event. We have spoken with Lt. Marc Davis to discuss
specific needs. Because it is a city event we are requesting "no fee service".
6. Request to use and barricade streets: We are requesting the use of NE 2nd Avenue,
and would request that the barricades be placed at the north intersection of NE 1 sT
Street (not to include NE 1st Street), and at the full intersection at NE 2nd Street.
Street closures need to be in place by 7:00 AM on Saturday, January 15th, 2000
7. Request for city. crews for cleanup and trash receptacles: We are requesting that
the city to provide all trash receptacles and basic cleanup during the event. Timing
schedule will need to be discussed with your staff.
8. Event Timing: The Ta~d Annual Bed Race will be held on Saturday, January 15,
from 10:00 AM to (yr-.-.-.-.-.-.-.3~PM. Setup time would begin on Friday, January 14 at 12:00
noon. t}: 00
9. Request for Port-O-Lets: Paragon Events will provide the necessary port-o-lets,
locations to be determined.
10. P~yment for city_ services and overtime: Paragon Events in requesting "no fee
service" for all services required of the city and other vendors.
11. Request for use of city stages: The city Parks and Recreation Department is
supplying the stage free of charge. The details for stage needs are still being
negotiated, however we will forward a request if needed as soon as possible.
12. $ignage requests: We would request a waiver of the event signage timing be lifted
in order for the event signs to be in place 2-3 weeks prior to the event.
Please find enclosed a copy of our insurance policy, listing the city as additional insured
for the event.
Bob, it is our intention that the Third Annual Bed Race event be a win-win for all
involved. This event is a community event produced by the Downtown Joint Venture as
well as the Pineapple Grove Main Street and Paragon Events organizations.
Best Regards,
Katlqleen Cronin
Paragon Events
o v 2 t9 9
November 19, 1999 Revision to Correspondence
Dated October 28, 1999
Mr. Robert Barcinski
Assistant City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Dear Mr. Barcinski:
The Pineapple Grove Main Street Bed Race is on its way and we are anxious to inform
the community about this exciting event. I am inquiring about signage opportunities and
availability.
I would like to advertise our event on the wooden signs posted at the medians east and
west of 1-95 and north and southbound on Federal Highway. I understand all of the
events advertise in this way and I want to know if there are any conflicts with our event,
and if not what is the lead-time we can utilize these signs?
I would also like to hang a banner on 2nd Avenue on the Ocean City Lumber property two
weeks prior to the event (starting January 1 through January 15), pending your approval.
I will be calling your office to request this approval. We look forward to seeing you at
the event and I thank you for all your assistance.
Sincerely,
Paragon Events
MEMORANDUM
To: City Commission
From: David T. Harden, City Manager~l~/
Subject: Proposed $4,000,000 Revenue Note (Communication Equipment)
Resolution No. R 76-99 and Resolution No. R 77-99
Date: December 9, 1999
Resolution Number 76-99 authorizes the issuance of Revenue Bonds from time to time. This
resolution is the basis for future bond issues and bank notes that will use a covenant to budget
and appropriate funding for any debt service due and payable. It sets forth the requirements with
respect to terms, payment and disclosure. The security for future financings is a lien on available
non-advalorem revenues.
Resolution Number 77-99 authorizes the City to execute a Note Agreement with SunTrust in the
amount of $4,000,000 at a rate of 5.0196% for an approximate 15 year term. The note will be
issued for the purpose of financing the cost of consultation, design, engineering, construction and
equipping of an 800 MHz digital radio system (the "Radio System"). The Finance Department has
provided an analysis of bids received and a recommendation to approve the agreement with
SunTrust at the lowest bidding rate. The agreement will allow for prepayment at any time without
penalty if rates are higher at the time of prepayment and a penalty if rates are lower. The penalty
equates to bringing the Bank up to its quoted rate. The agreement will protect the City against
rate changes caused by amendments to the tax laws.
I concur with their recommendation.
c: R.S. O'Connor, Treasurer
R-76-99
CITY OF DELRAY BEACH, FLORIDA
REVENUE BONDS
BOND RESOLUTION
Adopted December 14, 1999
Res. No. 76-99
TABLE OF CONTENTS
ARTICLE I .................................................................................................................................. 4
Section 1. DEFINITIONS ................................................................................................ 4
Section 2. FINDINGS ................................................................................................... 14
Section 3. AUTHORITY FOR THIS RESOLUTION ...................................................... 15
Section 4. RESOLUTION CONSTITUTES CONTRACT ...............................................15
ARTICLE II ............................................................................................................................... 16
Section 1. AUTHORIZATION OF BONDS .................................................................... 16
Section 2. DESCRIPTION OF BONDS ........................................................................ 16
Section 3. REDEMPTION PROVISIONS ..................................................................... 18
Section 4. EXECUTION OF BONDS ............................................................................ 18
Section 5. NEGOTIABILITY, REGISTRATION AND CANCELLATION ........................ 19
Section 6. BONDS MUTILATED, DESTROYED, STOLEN OR LOST .......................... 21
Section 7. PREPARATION OF DEFINITIVE BONDS; TEMPORARY
BONDS ..................................................................................................................... 21
Section 8. FORM OF BONDS ...................................................................................... 22
Section 9. BOOK-ENTRY SYSTEM ............................................................................. 41
ARTICLE III .............................................................................................................................. 42
Section 1. BONDS NOT TO BE INDEBTEDNESS OF THE CITY ................................ 42
Section 2. BONDS SECURED BY LIEN ON AND PLEDGE OF THE
PLEDGED REVENUES ............................................................................................ 43
Section 3. APPLICATION OF BOND PROCEEDS ....................................................... 43
Section 4. COVENANTS OF THE CITY ....................................................................... 46
ARTICLE IV .............................................................................................................................. 61
Section 1. MODIFICATION OR AMENDMENT ............................................................ 61
Section 2. PURCHASE OF BONDS ............................................................................. 62
Section 3. NOTICES TO CREDIT FACILITY ISSUER .................................................. 62
Section 4. SEVERABILITY OF INVALID PROVISIONS ............................................... 62
Section 5. CREDIT FACILITY ISSUER; DEFAULT ...................................................... 62
Section 6. SALE OF BONDS ....................................................................................... 63
Section 7. PRELIMINARY OFFICIAL STATEMENT ..................................................... 63
Section 8. BOND ANTICIPATION NOTES AND BANK OBLIGATIONS ....................... 63
Section 9. EFFECTIVE DATE ...................................................................................... 64
Res. No. 76-99
RESOLUTION NO. R-76-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE,
FROM TIME TO TIME, OF REVENUE BONDS WITHOUT LIMIT
AS TO PRINCIPAL AMOUNT EXCEPT AS PROVIDED IN THIS
RESOLUTION FOR THE PURPOSE OF FINANCING AND
REFINANCING CERTAIN CAPITAL PROJECTS; AND TO
REIMBURSE THE CITY FOR PRIOR EXPENDITURES MADE IN
CONNECTION WITH CERTAIN CAPITAL PROJECTS;
PROVIDING, WHEN APPLICABLE, FOR THE UNDERTAKING
BY THE CITY REQUIRED BY RULE15c2-12 OF THE
SECURITIES AND EXCHANGE COMMISSION; PROVIDING
FOR THE TERMS AND PAYMENT OF SUCH BONDS;
PROVIDING FOR THE RIGHTS, SECURITY AND REMEDIES
OF THE OWNERS THEREOF; MAKING CERTAIN
COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; PROVIDING FOR CERTAIN OTHER MATTERS
IN CONNECTION THEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, a municipal corporation of the State of
Florida (the "City") is authorized under Florida law to borrow money to finance and refinance
various capital projects; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, the governing
body of the City (herein, the "Commission") hereby deems it necessary and in the best
economic interest of the City to finance and refinance certain capital projects and to seek
reimbursement, pursuant to the requirements of the Internal Revenue Code of 1986, as
amended, for certain capital expenditures made to finance certain capital projects, by the
issuance of revenue bonds (the "Bonds"), from time to time, pursuant to the terms and
provisions of this Resolution; and
WHEREAS, effective July 3, 1995, Rule 15c2-12 of the Securities and Exchange
Commission (herein, the 'Rule") provides that it is unlawful for a broker dealer or municipal
securities dealer to purchase or sell municipal securities, which includes certain of the Bonds
proposed to be issued pursuant to the terms and provisions of this Resolution, unless the
Res. No. 76-99
issuer, which includes the City, has undertaken in a written agreement (herein, the
"Undertaking") to provide to specified information repositories annual financial information and
operating data relevant to the municipal securities and notice of certain specified material
events; and
WHEREAS, the Commission hereby determines to provide its Undertaking with respect
to such Bonds in this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
WPB/SANFORDS/245564/59hSOS!.DOC/12/14~39 3 Res. No. 76-99
ARTICLE I
DEFINITIONS, FINDINGS AND STATUTORY AUTHORITY
Section 1. DEFINITIONS. In addition to the terms heretofore defined in the recitals set
forth above, the following terms shall have the following meanings:
"ACCRETED VALUE" shall mean, as of any date of computation with respect to any
Capital Appreciation Bond, the amount set forth as of such date in the supplemental resolution
authorizing such Capital Appreciation Bond plus, with respect to matters related to the payment
upon redemption or other payment of such Capital Appreciation Bond, if such date of
computation shall not be an Interest Payment Date, a portion of the difference between the
Accreted Value as of the immediately preceding Interest Payment Date (or the date of original
issuance if the date of computation is prior to the first Interest Payment Date succeeding the
date of original issuance) and the Accreted Value as of the immediately succeeding Interest
Payment Date, calculated based on the assumption that Accreted Value accrues during any
semiannual period in equal daily amounts on the basis of a year of twelve 30-day months.
~ACT" shall mean the Constitution of the State of Florida, Chapter 166, Florida Statutes,
as amended and supplemented, the City Charter of the City, as amended and supplemented
and other applicable provisions of law.
"APPRECIATED VALUE" shall mean, (i) as of any date of computation with respect to
any Capital Appreciation and Income Bonds up to the Interest Commencement Date set forth in
the resolution of the City providing for the issuance of such Bonds, the amount set forth as of
such date in the supplemental resolution authorizing such Capital Appreciation and Income
Bonds plus, if such date of computation shall not be an Interest Payment Date, a portion of the
difference between the Appreciated Value as of the immediately preceding Interest Payment
Date (or the date of original issuance if the date of computation is pdor to the first Interest
Payment Date succeeding the date of original issuance) and the Appreciated Value as of the
w.~s~.Fo.~s=4~5~.ooc.~,~ 4 Res. No. 76-99
immediately succeeding Interest Payment Date calculated based upon an assumption that
Appreciated Value accrues during any semiannual period in equal daily amounts on the basis of
a year of twelve 30-day months and (ii) as of any date of computation on and after the Interest
Commencement Date, the Appreciated Value on the Interest Commencement Date.
"BENEFICIAL OWNER" shall mean, except with respect to Section 4.1 of Article III of
this Resolution, during any period the Bonds are registered under the Book-Entry System, any
purchaser of a Bond and others who acquire a beneficial ownership interest in a Bond held by
the Securities Depository. In determining the Beneficial Owner of any Bond, the City, the
Paying Agent, the Registrar and the Bond Insurer, if any, may rely exclusively upon written
representations made, and information given to the City, the Paying Agent, the Registrar or the
Bond Insurer, if any, by the Securities Depository or its Participants with respect to any Bond
held by the Securities Depository in which a beneficial ownership interest is claimed. With
respect to Replacement Bonds, the City, the Paying Agent, the Registrar and the Bond Insurer,
if any, shall consider the owner of any such Replacement Bond as registered on the registration
books of the City maintained by the Registrar to be the Beneficial Owner thereof.
"BENEFICIAL OWNER" shall mean, for purposes of Article III, Section 4.1 of this
Resolution only, any person which (i) has the power, directly or indirectly, to vote or consent
with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds
through nominees, depositories or other intermediaries), or (ii) is treated as the owner of
any Bonds for federal income tax purposes.
"BOND COUNSEL" shall mean a firm or firms of nationally recognized attorneys-at-law
selected by the City and experienced in the financing and refinancing of capital projects for
governmental units through the issuance of tax-exempt revenue bonds under the exemption
provided under Section 103(a) of the Code.
Res. No. 76-99
"BOND INSURANCE POLICY" shall mean an insurance policy issued for the benefit of
the Holders of any Bonds, pursuant to which the Bond Insurer shall be obligated to pay when
due the principal of and interest on such Bonds to the extent of any deficiency in the amounts in
the funds and accounts held under this Resolution, in the manner and in accordance with the
terms provided in such Bond Insurance Policy.
"BOND INSURER" shall mean the issuer of a Bond Insurance Policy and its successors.
"BONDHOLDER," "HOLDER OF BONDS," "OWNER" OR "OWNERS" or any similar
term, shall mean any person who shall be the registered owner of any Bond or Bonds
Outstanding under the terms of this Resolution.
"BONDS" shall mean, except as otherwise provided in this Resolution, any bonds, notes
or other evidences of indebtedness authorized to be issued pursuant to the terms and
provisions of this Resolution.
"BOOK-ENTRY SYSTEM" shall mean the system under which the City may issue its
Bonds and maintain the registration for such Bonds in book-entry form only.
"BUSINESS DAY" shall mean any day other than a Saturday, Sunday, legal holiday or a
day on which banking institutions in the State of Florida are authorized by law to close.
"CAPITAL APPRECIATION BONDS" shall mean those Bonds issued under this
Resolution as to which interest is compounded periodically on each of the applicable periodic
dates designated for compounding and payable in an amount equal to the then current
Accreted Value only at the maturity, earlier redemption or other payment date therefor, all as so
designated by subsequent proceedings of the Commission relating to the issuance thereof, and
which may be either Serial Bonds or Term Bonds.
"CAPITAL APPRECIATION AND INCOME BONDS" shall mean any Bonds issued under
this Resolution as to which accruing interest is not paid prior to the Interest Commencement
Date specified in the resolution authorizing such Bonds and the Appreciated Value for such
WPB/SANFORDS/245564159hS05!,DOC/12/14/99 6 Res. No. 76-99
Bonds is compounded periodically on certain designated dates pdor to the Interest
Commencement Date for such series of Capital Appreciation and Income Bonds, all as so
designated by subsequent proceedings of the Commission relating to the issuance thereof, and
which may be either Serial Bonds or Term Bonds.
"CITY" shall mean the City of Delray Beach, Flodda and its permitted successors and
assigns.
"CLERK" shall mean the City Clerk, or such person who is authorized to act on behalf of
the City Clerk.
"CODE" ~hall mean the Internal Revenue Code of 1986, as amended, and all
subsequent tax legislation duly enacted by the Congress of the United States. Each reference
to a section of the Code herein shall be deemed to include, if applicable, temporary or proposed
regulations, revenue rulings and proclamations issued or amended with respect thereto.
"COMMISSION" shall mean the City Commission of the City of Delray Beach, Florida,
serving as the governing body of the City.
"CREDIT FACILITY" shall mean a Bond Insurance Policy, a surety bond, a letter of
credit, line of credit, guaranty or such other instrument that would enhance the credit of the
Bonds. The term "Credit Facility" shall not mean a Reserve Account Credit Facility Substitute.
"CREDIT FACILITY ISSUER" shall mean a Bond Insurer or any other issuer of a Credit
Facility, as applicable.
"DEBT SERVICE RESERVE REQUIREMENT" shall mean, to the extent applicable to a
series of Bonds as determined by subsequent proceedings of the Commission, an amount
equal to the lesser of (i) the maximum amount of principal of and interest on the Bonds
becoming due in the current Fiscal Year or in any succeeding Fiscal Year, (ii) one hundred
twenty-five percent (125%) of the average annual amount of principal of and interest on the
Bonds becoming due in the current Fiscal Year or in any succeeding Fiscal Year or (iii) ten
w.~s~.~o.os=~s~o~.~o=~ 7 Res. No. 76-99
percent (10%) of the proceeds of the Bonds (within the meaning of the Code) required to be
maintained in the Reserve Account of the Debt Service Fund created and established under
this Resolution. Such Debt Service Reserve Requirement may be satisfied, in whole or in part,
by obtaining a Reserve Account Credit Facility Substitute with the requisite coverage.
"DEFEASANCE OBLIGATIONS" shall mean to the extent permitted by law and (other
than with respect to the obligations described in clause (a) below) acceptable, at the time of
defeasance, to the Credit Facility Issuer if the principal of and interest on the defeased Bonds is
secured by a Credit Facility and such Credit Facility Issuer is not in default under such Credit
Facility or, if not So secured by a Credit Facility, acceptable, at the time of defeasance, to the
Rating Agencies or Agencies, if any, then rating the defeased Bonds:
(a) U.S. Obligations, which are not redeemable prior to maturity;
(b) any bonds or other obligations of any state of the United States of
America or of any agency, instrumentality or local governmental unit of any such state (i) which
are not callable prior to maturity or as to which irrevocable instructions have been given to the
trustee or paying agent of such bonds or other obligations by the obligor to give due notice of
redemption and to call such bonds for redemption on the date or dates specified in such
instructions, (ii) which are secured as to principal and interest and redemption premium, if any,
by a fund consisting only of cash or bonds or other obligations of the character described in
clause (a) hereof which fund may be applied only to the payment of such principal of and
interest and redemption premium, if any, on such bonds or other obligations on the maturity
date or dates thereof or the redemption date or dates specified in the irrevocable instructions
referred to in subclause (i) of this clause (b), as appropriate, and (iii) as to which the principal of
and interest on the bonds and obligations of the character described in clause (a) hereof which
have been deposited in such fund along with any cash on deposit in such fund are sufficient to
pay principal of and interest and redemption premium, if any, on the bonds or other obligations
WPB/SANFORDS]245564/59hS05!.DOC/12/14/99 8 Res. No. 76-99
described in this clause (b) on the maturity date or dates thereof or on the redemption date or
dates specified in the irrevocable instructions referred to in subclause (i) of this clause (b), as
appropriate; and
(c) Evidences of ownership of proportionate interests in future interest and/or
principal payments on obligations described in clause (a) held by a bank or trust company as
custodian.
"FISCAL YEAR" shall mean that period commencing on October 1 and continuing to and
including the next succeeding September 30, or such other annual period as may be prescribed
by law as the fiscal year of the City.
"FITCH" shall mean Fitch IBCA, Inc., a corporation organized and existing under the
laws of the State of Delaware, its successors and assigns, and if such corporation shall be
dissolved or liquidated or shall no longer perform the functions of a securities rating agency,
"FITCH" shall be deemed to refer to any other nationally recognized securities rating agency
designated by the City.
"INTEREST COMMENCEMENT DATE" shall mean, with respect to any particular
Capital Appreciation and Income Bond, the date specified in the resolution providing for the
issuance of such Bonds (which date must be prior to the maturity date for such Bonds) after
which interest accruing on such Bonds shall be payable semi-annually (or at such other times
as the Commission shall determine by subsequent proceedings), with the first such payment
date being the applicable Interest Payment Date immediately succeeding such Interest
Commencement Date.
~INTEREST PAYMENT DATE" shall mean such dates of each Fiscal Year on which
interest and/or principal are payable on the Bonds (other than Capital Appreciation Bonds and
Capital Appreciation and Income Bonds prior to the applicable Interest Commencement Date)
that are then Outstanding.
W.~S~FO.DS~45~5~.0S~.~OC~4~ 9 Res. No. 76-99
"MAXIMUM INTEREST RATE" shall mean, with respect to Variable Rate Bonds, issued
pursuant to the terms and provisions of this Resolution, the maximum rate of interest such
Bonds may bear at any particular time, which rate shall not exceed the rate of interest allowed
under State law.
"MOODY'S" shall mean Moody's Investors Service, Inc., a corporation organized and
existing under the laws of the State of Delaware, its successors and their assigns, and, if such
corporation shall be dissolved or liquidated or shall no longer perform the functions of a
securities rating agency, "Moody's" shall be deemed to refer to any other nationally recognized
securities rating ~igency designated by the City.
"NON-AD VALOREM REVENUES" shall mean all revenues of the City derived from any
source whatever other than ad valorem taxation on real and personal property, which are
legally available for payment of debt service by the City.
"NRMSIR" shall mean any Nationally Recognized Municipal Securities Information
Repository for purposes of the Rule. The NRMSIRs currently approved by the Securities and
Exchange Commission as of the date of adoption of this Resolution are as follows:
Bloomberg Municipal Repository
Post Office Box 840
Princeton, New Jersey 08542-0840
Internet address: MUNIS@bloomberg.doc
Telephone: (609) 279-3200
Fax: (609) 279-5962
Emaih munis@bloomberg.com
Kenny Information Services
The Repository
65 Broadway, 16th Floor
New York, New York 10006
Attn: Kenny Repository Service
Telephone: (212)770-4595
Fax: (212)797-7994
Res. No. 76-99
Thomas NRMSIR
395 Hudson Street, 3"~ Floor
New York, NY 10014
Attn.: Municipal Disclosure
Telephone: (800) 689-8466
Fax: (212)989-2078
Email: Disclosure@muller. corn
DPC Data Inc.
One Executive Drive
Fort Lee, NJ 07024
Telephone: (201) 346--O701
Fax: (201) 947- 0107
Email: NRMSIR@dpcdata.com
"OUTSTANDING" shall mean, when used with reference to the Bonds, as of any
particular date, all Bonds theretofore, or thereupon being, authenticated and delivered by the
Registrar under this Resolution, except (i) Bonds theretofore or thereupon canceled by the
Registrar or surrendered to the Registrar for cancellation; (ii) Bonds with respect to which all
liability of the City shall have been discharged in accordance with Article III, Section 4.H of this
Resolution; (iii) Bonds in lieu of or in substitution for which other Bonds shall have been
authenticated and delivered by the Registrar pursuant to any provision of this Resolution; (iv)
Bonds canceled after purchase in the open market or because of payment at redemption prior
to maturity; and (v) Bonds held or purchased by the City, unless the City intends as evidenced
by wdtten communication to the Registrar that such Bonds shall remain Outstanding.
"PARTICIPANTS" shall mean brokers, dealers, banks and other financial institutions and
other persons for whom, from time to time, the Securities Depository effects book-entry
transfers and pledges of securities deposited with the Securities Depository.
"PAYING AGENT" shall mean either the Finance Department of the City as determined
by subsequent proceedings of the Commission to be applicable to a series of Bonds or any
bank or trust company and any successor bank or trust company appointed by subsequent
proceedings of the Commission to act as Paying Agent hereunder.
Res. No. 76-99
"PERMITTED INVESTMENTS" shall mean (i) U.S. Obligations and (ii) all other
investments permitted under the laws of Florida and if required as a condition of obtaining a
Credit Facility, acceptable to the Credit Facility Issuer.
"PLEDGED REVENUES" shall mean (i) the Non-Ad Valorem Revenues deposited in the
Debt Service Fund created and established under this Resolution, (ii) investment income
received from the investment of moneys in the Debt Service Fund and accounts established
hereunder, other than the escrow deposit trust fund established under any escrow deposit
agreement, and (iii) any other moneys deposited in the Debt Service Fund or received by the
Paying Agent in cbnnection with the repayment of the Bonds.
"PROJECTS" shall mean any capital project that the City is authorized to finance under
Florida law. The term "Projects" also includes any prior capital expenditures made with respect
to municipal capital projects that City seeks reimbursement for from the proceeds of a series of
Bonds.
"RATING AGENCY" or "AGENCIES" shall mean Moody's, Fitch and/or S&P, and/or
such other nationally recognized securities rating agency, whichever shall have a rating then in
effect with respect to the Bonds.
"REGISTRAR" shall mean either the Finance Department of the City as determined by
subsequent proceedings of the Commission to be applicable to a series of Bonds or any bank
or trust company and any successor bank or trust company, appointed by subsequent
proceedings of the Commission to act as Registrar hereunder.
"REPLACEMENT BONDS" shall mean certificated Bonds authenticated and delivered
pursuant to Article II, Section 9 of this Resolution, when the City discontinues the Book-Entry
System.
"RESERVE ACCOUNT CREDIT FACILITY SUBSTITUTE" shall mean any one of the
facilities described in Section 4.D of Article III of this Resolution.
WP~SANFORDS~245564/SghSOSLDOC/12/14/99 12 Res. No. 76-99
"RESOLUTION" shall mean this Resolution as the same may from time to time be
amended and supplemented in accordance with the terms hereof.
"S&P" shall mean Standard & Poor's, a division of McGraw Hill, Inc., a corporation
organized and existing under the laws of the State of New York, its successors and their
assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the
functions of a securities rating agency, "S&P" shall be deemed to refer to any other nationally
recognized securities rating agency designated by the City.
"SECURITIES DEPOSITORY" shall mean, with respect to the Bonds to be issued in
book entry forrri, The Depository Trust Company and its successors and assigns, or a
successor clearing agency designated pursuant to Article II hereof and its successors and
assigns.
"SERIAL BONDS" shall mean the Bonds of an issue other than Term Bonds which shall
be stated to mature annually.
"TAX CERTIFICATE" shall mean the certificate as to arbitrage and instructions as to
compliance with the provisions of Section 103(a) of the Code, executed by the City on the date
of initial issuance and delivery of each series of the Bonds, as such Tax Certificates may be
amended from time to time, and which serves as a source of guidance for achieving compliance
with the Code.
"TERM BONDS" shall mean the Bonds of an issue which shall be stated to mature on
one date and for the amortization of that which mandatory payments are required to be made
into the Debt Service Account.
"U.S. OBLIGATIONS" shall mean the direct obligations of, or obligations the timely
payment of principal of and interest on which are unconditionally guaranteed by, the United
States of America, and, if determined by subsequent proceedings of the Commission,
Res. No. 76-99
certificates which evidence ownership of the right to the payment of the principal of, or interest
on, such obligations.
"VARIABLE RATE BONDS" shall mean Bonds with a variable, adjustable, convertible or
other similar rate which is not fixed in percentage for the entire term thereof at the date of issue.
Words of the masculine gender shall be deemed and construed to include correlative
words of the feminine and neuter genders. Words importing the singular number shall include
the plural number and vice versa unless the context shall otherwise indicate. The word
"person" shall include corporations, associations, natural persons and public bodies unless the
context shall otherwise indicate. Reference to a person other than a natural person shall
include its successors.
Section 2. FINDINGS. It is hereby ascertained, determined and declared:
A. That the recitals hereinbefore mentioned are hereby adopted.
B. That the Commission deems it necessary, desirable and in the best interest of
the citizens and residents of the City to issue the Bonds, from time to time, to provide for the
financing and refinancing of all or a portion of the Projects and to provide the means of
reimbursing the City for prior expenditures made for certain capital projects and to pay the costs
of issuing the Bonds.
C. That the principal of and interest on the Bonds to be issued pursuant to this
Resolution, and all of the reserve, if any, and sinking fund payments provided for herein will be
paid from the Non Ad Valorem Revenues, all as provided herein; and the ad valorem taxing
power of the City will never be necessary or authorized to pay the principal of and interest on
the Bonds to be issued pursuant to this Resolution, or to make any of the reserve, if any, or
sinking fund payments provided for in this Resolution, and the Bonds issued pursuant to this
Resolution shall not constitute a lien upon any of the Projects or upon any other property
whatsoever of or in the City and shall not be an indebtedness of the City within the meaning of
w~s~Fo,[~s~4s.~os~.~oc~/~4~ 14 Res. No. 76-99
any Constitutional, statutory or other limitation of Indebtedness, but shall be payable solely from
the Non Ad Valorem Revenues.
D. That the Non Ad Valorem Revenues will be sufficient to pay the principal of,
redemption premium, if any, and interest on the Bonds to be issued pursuant to this Resolution,
as the same becomes due and payable, and all sinking fund, reserve, if any, and other
payments provided for in this Resolution.
E. That the Projects shall be financed in the manner provided in this Resolution.
F. That except as otherwise provided in this Resolution and any subsequent
resolution with re{;pect to a series of Bonds, the Bonds shall be on parity in all respects.
Section 3. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted
pursuant to the Act.
Section 4. RESOLUTION CONSTITUTES CONTRACT. In consideration of the
acceptance of the Bonds authorized to be issued hereunder by those who shall hold the same
from time to time, this Resolution shall be deemed to be and shall constitute a contract between
the City and such Owners and the covenants and agreements herein set forth to be performed
by said City shall be for the equal benefit, protection and security of the Owners of any and all
of such Bonds all of which shall be of equal rank and without preference, priority, or distinction
of any of the Bonds over any other thereof except as expressly provided therein and herein.
w,~s,.Fo,~s~s.~.os~.ooc~,~ 15 Res. No. 76-99
ARTICLE II
AUTHORIZATIONS, TERMS, EXECUTION AND REGISTRATION OF BONDS
Section 1. AUTHORIZATION OF BONDS. Subject and pursuant to the provisions of
this Resolution, obligations of the City to be known as 'Revenue Bonds" with appropriate series
designation and such other designations as the Commission deems appropriate, all as shall be
determined by subsequent proceedings are hereby authorized to be issued from time to time.
The Bonds shall be issued for the purposes described in Section 2 of Article I hereof and, if
determined necessary by subsequent proceedings, to fund a Reserve Account, or in lieu
thereof, pay the I~remium on a Reserve Account Credit Facility Substitute and pay the cost of
issuing the Bonds, including the cost of a Credit Facility, if any.
Section 2. DESCRIPTION OF BONDS. The Bonds shall be issued in registered form,
shall be in the denomination of not less than $5,000 each, or any integral multiple thereof;
provided, however, (i) if such Bonds are Capital Appreciation Bonds, then in $5,000 maturity
amounts or in $5,000 multiples thereof, and (ii) if such Bonds are Capital Appreciation and
Income Bonds, such Bonds may be issued in any denomination, as long as their Appreciated
Value at maturity shall be $5,000 or any integral multiple thereof; and the Bonds shall mature
on such dates in such years and in such amounts, all as provided by subsequent proceedings
of the Commission. Principal shall be payable at the designated office of the Paying Agent.
The Bonds shall be numbered in such manner as may be prescribed by the Registrar. The
Bonds shall bear interest at not exceeding the maximum rate or rates permitted by law, payable
by check or draft made payable to the Holder of Bonds and mailed to the address of such
Holder of Bonds, as such name and address as appear on the registration books of the City
maintained by the Registrar on the fifteenth day of the calendar month preceding each Interest
Payment Date or the fifteenth day prior to the date notice or redemption is given, whether or not
such 15th day is a Saturday, Sunday or holiday (herein the 'Record Date"); provided, however,
W.~S~.FO.DS=4S~5~,.05~.~C~,~ 16 Res. No. 76-99
that payment of interest on the Bonds may, at the option of any Holder of Bonds in an
aggregate principal amount of at least $1,000,000, be transmitted by wire transfer to the Holder
at the domestic bank account number on file with the Paying Agent as of the Record Date. The
Bonds authenticated pdor to the first Interest Payment Date shall be dated and bear interest
from the date determined by subsequent proceedings of the Commission. Bonds authenticated
subsequent to the first Interest Payment Date shall bear interest from the next preceding
Interest Payment Date on which such interest has been paid, unless such Bond is registered on
an Interest Payment Date or during the period between a Record Date and the next succeeding
Interest Payment Date, then from such Interest Payment Date if interest is then paid, as the
case may be; provided, however, that if and to the extent there is a default in the payment of
the interest due on such Interest Payment Date, such defaulted interest shall be paid to the
persons in whose name Bonds are registered on the registration books of the City maintained
by the Registrar at the close of business on the fifteenth day prior to a subsequent Interest
Payment Date established by notice mailed by the Registrar to the registered owner not less
than the tenth day preceding such subsequent Interest Payment Date, such interest shall be
payable not less frequently than semiannually on such dates determined by subsequent
proceedings of the Commission, except that (i) interest on any Capital Appreciation Bonds shall
be paid only at maturity or upon redemption prior to maturity in the amount determined by
reference to the Accreted Value, and (ii) interest on a Capital Appreciation and Income Bond
shall be payable upon redemption pdor to maturity and semiannually on such dates determined
by subsequent proceedings of the Commission, but only after the Interest Commencement
Date.
The Bonds shall be payable, with respect to interest, principal and premium, if any, in
any coin or currency of the United States of America which at the time of payment is legal
tender for the payment of public and private debts;
Res. No. 76-99
The Bonds issued hereunder may be Serial Bonds or Term Bonds and may be Variable
Rate Bonds, and such Bonds issued hereunder may be Capital Appreciation Bonds and/or
Capital Appreciation and Income Bonds as determined by subsequent proceedings of the
Commission.
The payment of principal of and interest on the Bonds may, in addition to the Pledged
Revenues, be secured by Bond Insurance or other Credit Facility all as shall be determined by
subsequent proceedings of the Commission.
Section 3. REDEMPTION PROVISIONS. The Bonds may be subject to redemption
prior to maturity 'at such times, at such redemption prices and upon such terms as shall be
determined by subsequent proceedings of the Commission.
Section 4. EXECUTION OF BONDS. The Bonds shall be executed in the name of the
City by the signature of the Mayor or Vice Mayor and its official seal shall be affixed thereto or
imprinted or reproduced thereon and attested by the Clerk. The signatures of said Mayor or
Vice Mayor and Clerk on the Bonds may be manual or facsimile signatures. In case any one or
more of the officers who shall have signed or sealed any of the Bonds shall cease to be such
officer of the City before the Bonds so signed and sealed shall have been actually sold and
delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be
issued as if the person who signed or sealed such Bonds had not ceased to hold such office.
Any Bond may be signed and sealed on behalf of the City by such person who at the actual
time of the execution of such Bond shall hold the proper office, although at the date such Bonds
shall be actually delivered such person may not hold office or may not be so authorized.
The Bonds shall bear thereon a certificate of authentication, in the form set forth in
Section 8 hereof, executed manually by the Registrar. Only such Bonds as shall bear thereon
such certificate of authentication shall be entitled to any right or benefit under this Resolution
and no Bond shall be valid or obligatory for any purpose until such certificate of authentication
W.~S*.~O~S~4~.~5~0~.DOO~4~ 18 Res. No. 76-99
shall have been duly executed by the Registrar. Such certificate of the Registrar upon any
Bond executed on behalf of the City shall be conclusive evidence that the Bond has been so
authenticated and that the Owner thereof is entitled to the benefits of this Resolution.
Section 5. NEGOTIABILITY, REGISTRATION AND CANCELLATION. Except as may
be otherwise provided in subsequent proceedings of the Commission with respect to a sedes of
Bonds, at the option of the registered owner thereof and upon surrender thereof at the
designated office of the Registrar with a written instrument of transfer satisfactory to the
Registrar duly executed by the registered owner or his duly authorized attorney and upon
payment by sucl~ Owner of any charges which the Registrar may make as provided in this
Section, the Bonds may be exchanged for Bonds of the same series and maturity of any other
authorized denominations.
The Registrar shall keep books for the registration of Bonds and for the registration of
transfers of Bonds. The Bonds shall be transferable by the Owner thereof in person or by his
attorney duly authorized in writing only upon the books of the City kept by the Registrar and
only upon surrender thereof together with a wdtten instrument of transfer satisfactory to the
Registrar duly executed by the Owner or his duly authorized attorney. Upon the transfer of any
such Bond, the City shall issue in the name of the transferee a new Bond or Bonds. The City is
authorized to impose restrictions on transferability with respect to any series of Bonds.
The City, the Paying Agent and the Registrar shall deem and treat the person in whose
name any Bond shall be registered upon the books kept by the Registrar as the absolute Owner
of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment
of, or on account of, the principal of and interest on such Bond as the same become due and
for all other purposes. All such payments so made to any such Owner or upon his order shall
be valid and effectual to satisfy and discharge the liability such Bond to the extent of the sum or
Res. No. 76-99
sums so paid, and neither the City, the Paying Agent nor the Registrar shall be affected by any
notice to the contrary.
In all cases in which the privilege of exchanging Bonds or transferring Bonds is
exercised, the City shall execute and the Registrar shall authenticate and deliver Bonds in
accordance with the provisions of this Resolution. All Bonds surrendered in any such
exchanges or transfers shall forthwith be delivered to the Registrar and canceled by the
Registrar in the manner provided in this Section. There shall be no charge for any such
exchange or transfer of Bonds, but the City or the Registrar may require the payment of a sum
sufficient to pay any tax, fee or other governmental charge required to be paid with respect to
such exchange or transfer. Neither the City nor the Registrar shall be required (i) to transfer or
exchange Bonds for a period commencing on a Record Date and ending on the next ensuing
Interest Payment Date or 15 days next preceding any selection of Bonds to be redeemed or
thereafter until after the mailing of any notice of redemption; or (ii) to transfer or exchange any
Bonds called for redemption. However, if less than all of a Term Bond is redeemed or
defeased, the City shall execute and the Registrar shall authenticate and deliver, upon the
surrender or such Term Bond, without charge to the Bondholder, for the unpaid balance of the
principal amount of such Term Bond so surrendered, a registered Term Bond in the appropriate
denomination.
All Bonds paid or redeemed, either at or before maturity, shall be delivered to the
Registrar when such payment or redemption is made, and such Bonds, together with all Bonds
purchased by the City with the intent of cancellation, shall thereupon be promptly canceled.
Bonds so canceled may at any time be destroyed by the Registrar, who shall execute a
certificate of destruction in duplicate by the signature of one of its authorized officers described
by the Bonds so destroyed, and one executed certificate shall be filed with the City and the
other executed certificate shall be retained by the Registrar.
W~NFO~i~S/24,~564/59hS05!.~./12/14/99 20 Res. No. 76-99
The City is hereby authorized to provide for the registration of the Bonds by adopting the
Book-Entry System for such Bonds. Bonds held by the Securities Depository while the Bonds
are registered under the Book-Entry System shall be registered in the name of the Securities
Depository or its nominee and beneficial ownership of such Bonds shall be transferred in
accordance with the procedures of the Securities Depository and its Participants.
Section 6. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any
Bond shall become mutilated, destroyed, stolen or lost, the City may execute and the Registrar
shall authenticate and deliver a new Bond of like series, date, maturity and denomination as the
Bond so mutilated, destroyed, stolen or lost; provided that, in the case of any mutilated Bond,
such mutilated Bond shall first be surrendered to the City and, in the case of any lost, stolen or
destroyed Bond, there shall first be furnished to the City and the Registrar evidence of such
loss, theft, or destruction satisfactory to the City and the Registrar, together with indemnity
satisfactory to them. In the event any such Bond shall be about to mature or have matured or
have been called for redemption, instead of issuing a duplicate Bond, the City may pay the
same without surrender thereof. The City and the Registrar (if not the City) may charge the
Owner of such Bond their reasonable fees and expenses in connection with this transaction.
Any Bond surrendered for replacement shall be canceled in the same manner as provided in
Section 5 hereof.
Any such duplicate Bonds issued pursuant to this Section shall constitute additional
contractual obligations on the part of the City, whether or not the lost, stolen or destroyed
Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and
proportionate benefits and rights as to lien on and source and security for payment from the
Pledged Revenues with all other Bonds issued hereunder.
Section 7. PREPARATION OF DEFINITIVE BONDS; TEMPORARY BONDS. Unless
the City is utilizing the Book-Entry System, the definitive Bonds shall be lithographed,
WPB/,~ANFORDS/245564/59hS05!.DOC.212/14/99 21 Res. No. 76-99
typewritten or printed on steel engraved borders. Until the definitive Bonds are prepared, the
Mayor or Vice Mayor and the Clerk may execute and the Registrar may authenticate, in the
same manner as is provided in Section 4 of this Article II, and deliver, in lieu of definitive Bonds,
but subject to the same provisions, limitations and conditions as the definitive Bonds, one or
more printed, lithographed or typewritten temporary fully registered Bonds, substantially of the
tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in
authorized denominations or any whole multiples thereof, and with such omissions, insertions
and variations as may be appropriate to such temporary Bonds. The City, at its own expense,
shall prepare and execute and, upon the surrender at the designated corporate trust office of
the Registrar of such temporary Bonds for which no payment or only partial payment has been
provided, for exchange and the cancellation of such surrendered temporary Bonds, the
Registrar shall authenticate and, without charge to the Holder thereof, deliver in exchange
therefor, at the designated office of the Registrar, definitive Bonds of the same aggregate
principal amount and maturity as the temporary Bonds surrendered. Until so exchanged, the
temporary Bonds shall in all respects be entitled to the same benefits and security as definitive
Bonds issued pursuant to this Resolution. If the City is utilizing the Book-Entry System, the
Bonds shall be in the form so required by the Securities Depository.
Section 8. FORM OF BONDS. Unless otherwise provided in subsequent proceedings
of the Commission with respect to a series of Bonds, the text of the Bonds shall be of
substantially the following tenor, with such omissions, insertions and variations as may be
necessary and desirable:
W"a~S~,FO.DS=45~5~,~051.,OC~=~4~ 22 Res. No. 76-99
(Form of Bonds)*
* The text of the Bonds shall be of substantially the tenor set forth below. Provisions of
the Bonds may be set forth on the back of the Bonds and shall for all purposes have the
same effect as if set forth on the front on the Bonds.
(Face of Bond with certain provisions applicable to a Capital Appreciation Bond or a Capital
Appreciation and Income Bond as indicated)
No. R- $
UNITED STATES OF AMERICA
STATE OF FLORIDA
PALM BEACH COUNTY
CITY OF DELRAY BEACH
REVENUE [REFUNDING] [AND IMPROVEMENT] BOND
SERIES
Interest Rate Maturity_ Date Dated Date CUSIP
Registered Owner:
Principal Amount:
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach, Flodda,
a municipal corporation of the State of Flodda (the "City"), for value received, hereby promises
to pay, from the Pledged Revenues, hereinafter mentioned, to the Registered Owner or
registered assigns on the Maturity Date specified above, upon the presentation and surrender
hereof at the designated office of , as paying agent (said
w.e~s~ro~s~4~os~.ooc~4/~ 23 Res. No. 76-99
and any bank or trust company becoming successor paying agent
being herein called the "Paying Agent"), the Principal Amount stated hereon with interest
thereon at the Interest Rate stated above, payable on the first day of and
of each year until the City's obligation with respect to the payment of such
principal sum shall be discharged. Interest on this Bond is payable by check or draft of the
Paying Agent made payable to the registered owner and mailed to the address of the registered
owner as such name and address shall appear on the registration books of
, as registrar (said and any bank or
trust company becoming successor registrar being herein called the "Registrar"), on the
fifteenth day of the calendar month preceding each interest payment date, or the fifteenth day
prior to the date notice of redemption is given, whether or not such fifteenth day is a Saturday,
Sunday or holiday (the "Record Date"); provided, however, that payment of interest on the
Bonds may, at the option of any Holder of Bonds in an aggregate principal amount of at least
$1,000,000, be transmitted by wire transfer to the Holder to the domestic bank account number
on file with the Paying Agent as of the Record Date. Such interest shall be payable from the
most recent interest payment date next preceding the date of authentication to which interest
has been paid, unless the date hereof is an 1 or I to which interest has
been paid, in which case from the date of authentication, or unless the date hereof is prior to
, , in which case from , , or unless the date
hereof is between a Record Date and the next succeeding interest payment date, in which case
from such interest payment date; provided, however, that if and to the extent there is a default
in the payment of the interest due on such interest payment date, such defaulted interest shall
be paid to the persons in whose name Bonds are registered on the registration books of the
City maintained by the Registrar at the close of business on the fifteenth day prior to a
subsequent interest payment date established by notice mailed by the Registrar to the
w.~s~.~o~s=~/~sos:.ooc~ 24 Res. No. 76-99
p, es, ~o. '/6'cj9
[The following is applicable to Capital Appreciation Bonds only]
No. $
UNITED STATES OF AMERICA
STATE OF FLORIDA
PALM BEACH COUNTY
CITY OF DELRAY BEACH
REVENUE [REFUNDING] [AND IMPROVEMENT] BOND
SERIES
Interest Rate Maturity_ Date ~ CUSIP
Registered Owner:
Principal Amount: $. per $5,000 Amount Due at Maturity.
Amount Due at
Maturity:
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach, Florida,
a municipal corporation of the State of Florida (the "City"), for value received, hereby promises
to pay, from the Pledged Revenues, hereinafter mentioned, to the Registered Owner or
registered assigns on the Maturity Date specified above, upon the presentation and surrender
hereof at the designated office of , as paying agent (said
and any bank or trust company to become successor paying
agent being herein called the "Paying Agent"), the Amount Due at Maturity (stated above),
constituting the Principal Amount per $5,000 Amount Due at Maturity (stated above) and
interest thereon at the Interest Rate (stated above) from the Dated Date (stated above)
W.a~S~NFO.DS~,S~/S~0St.~OC/~/~,~ 26 Res. No. 76-99
compounded on ~ and thereafter on 1 and 1, of each year until
payment of said maturity amount or, upon earlier redemption or other payment of this Bond, as
set forth on the reverse side hereof, payment to be made at the Accreted Value as of the date
of redemption or other payment of this Bond. The 'Accreted Value" of this Bond shall mean, as
of any date of computation, an amount equal to the principal amount hereof plus the
compounded interest accrued hereon to the I or 1 next preceding the
date of computation or the date of computation if an I or an 1, plus, if
such date of computation shall not be an 1 or an 1, a portion of the
difference between the Accreted Value as of the immediately preceding 1 or
1 (or th..e Dated Date if the date of computation is prior to , ) and
the Accreted Value as of the immediately succeeding 1 or 1,
calculated based upon the assumption that Accreted Value accrues dudng any semi-annual
period in equal daily amounts on the basis of a year of twelve 30-day months. The Accreted
Value per $5,000 maturity amount of this Bond on each 1 or I is set
forth in a table on the reverse hereof. The table should not be construed as a representation as
to the market value of this Bond at any time in the future but may bear a relationship to the
amount of tax-exempt interest and taxable gain with respect to this Bond if sold prior to
maturity.
W~=S~.FO.DS=45~5~05~.=OC~=~4~ 27 Res. No. 76-99
[The following is applicable to Capital Appreciation and Income Bonds only]
No. $.
UNITED STATES OF AMERICA
STATE OF FLORIDA
PALM BEACH COUNTY
CITY OF DELRAY BEACH
REVENUE [REFUNDING] [AND IMPROVEMENT] BOND
SERIES
Interest Rate M~J~;y_.D.~ ~ CUSIP
Registered Owner:
Principal Amount: $ per $5,000 Amount Due at Maturity.
Amount Due at
Maturity:
Interest Commencement
Date:
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach, Florida,
a municipal corporation of the State of Florida (the "City"), for value received, hereby promises
to pay, from the Pledged Revenues, hereinafter mentioned, to the Registered Owner or
registered assigns on the Maturity Date specified above, upon the presentation and surrender
hereof at the designated corporate trust office of , as paying
agent (said and any bank or trust company to become
successor paying agent being herein called the "Paying Agent"), the Amount Due at Maturity
(stated above), constituting the Principal Amount (stated above) per $5,000 Amount Due at
W.~S~.FO..DS~45~/5~05~.~OC~4~ 28 Res. No. 76-99
Matudty and interest thereon at the Interest Rate (stated above) from the Dated Date (stated
above) compounded on each I and 1 during the pedod from the Dated
Date (stated above) to (the "Interest Commencement Date").
The City further promises to pay to the Registered Owner hereof by check or draft of the Paying
Agent made payable to the registered owner and, mailed to such registered owner at the
address shown on the registration books of the City kept for that purpose at the designated
office of , as registrar (said and any bank
or trust company becoming successor registrar being herein called the "Registrar") as of the
fifteenth day of the month preceding such interest payment date, interest on the Amount Due at
Matudty from the Interest Commencement Date, at the rate per annum equal to the Interest
Rate (stated above), payable on the first day of April and October in each year (commencing
1, ), until the City's obligation with respect to the payment of
such Amount Due at Maturity shall be discharged. Upon earlier redemption or other payment
prior to the Interest Commencement Date as set forth on the reverse hereof, payment shall be
made at the Appreciated Value as of the date of redemption or other payment of this Bond.
The "Appreciated Value" of this bond shall mean (i) as of any date of computation up to and
including, 1, , an amount equal to the Principal Amount hereof
plus the interest accrued thereon to the 1 or I next preceding the
date of computation or the date of computation if an I or an 1, plus, if
such date of computation shall not be an I or an 1, a portion of the
difference between the Appreciated Value as of the immediately preceding I or
1 (or the Dated Date if the date of computation is prior to
1, __) and the Appreciated Value as of the immediately
succeeding I or 1, calculated based upon an assumption that
Appreciated Value accrues during any semi-annual period in equal daily amounts on the basis
w.~s~.~o.os~.o~.~c~ 29 Res. No. 76-99
of a year of twelve 30-day months, and (ii) after the Interest Commencement Date, the
Appreciated Value at the Interest Commencement Date. The Appreciated Value per $5,000
Amount Due at Maturity of this Bond on each 1 and I is set forth in a
table on the reverse hereof. The table should not be construed as a representation as to the
market value of this Bond at any time in the future but may bear a relationship to the amount of
tax-exempt interest and taxable gain with respect to this Bond if sold prior to the Interest
Commencement Date. Upon redemption or other payment subsequent to the Interest
Commencement Date and prior to the Matudty Date in accordance with the provisions set forth
on the reverse h~reof, payment of this Bond shall be made in an amount equal to the Amount
Due at Maturity plus any applicable premium plus accrued and unpaid interest on such Amount
Due at Maturity.
w~s,,~o~os=,~/~os;.~c~=~,~ 30 Res. No. 76-99
THE FOLLOWING IS APPLICABLE TO ALL BONDS
Reference is hereby made to the provisions of this Bond set forth on the reverse side
hereof and such further provisions shall for all purposes have the same effect as if set forth on
the front side hereof.
This Bond shall not be valid or obligatory for any purpose until the certificate of
authentication set forth hereon shall have been duly executed by the Registrar.
It is hereby certified and recited that all acts, conditions, and things required to exist, to
happen, and to be performed, precedent to and in the issuance of this Bond exist, have
happened and have been performed in regular and due form and time as required by the laws
and Constitution of the State of Florida applicable thereto, and that the issuance of this Bond,
and of the issue of Bonds of which this Bond is one, is in full compliance with all constitutional
or statutory limitations or provisions.
IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this Bond to be
signed by its Mayor, either manually or with his [her] facsimile signature, and the seal of said
City to be affixed hereto or imprinted or reproduced hereon, and attested by the City's Clerk,
either manually or with her [his] facsimile signature, all as of the Dated Date.
CITY OF DELRAY BEACH, FLORIDA
Mayor
ATTEST:
City Clerk
w.~s..ro. Ds~5~5~osl.ooc~4~ 31 Res. No. 76-99
FORM OF CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This Bond is one of the Bonds delivered pursuant to the within mentioned
Resolution.
as Registrar
By:
Authorized Officer
WPB/SANFORDS/245564/59hS051.DOC/12/14/99 32 Res. No. 76-99
(Back of Bond)
This Bond is one of an authorized issue of Bonds of the City designated as its
Revenue [Refunding] [and Improvement] Bonds, Sedes (herein called the "Bonds"), in the
aggregate principal amount of $ of like date, tender, and effect, except as to
number, date of maturity and interest rate, issued for the purpose of [state purpose], and for
the other purposes as more fully described in the Resolution hereinafter referred to, under the
authority of and in full compliance with the Constitution and Statutes of the State of Florida,
including particularly, Chapter 166, Florida Statutes, as amended and supplemented, the City
Charter, as am'ended and supplemented and other applicable provisions of law, and a
resolution duly adopted by the City Commission of said City on December 14, 1999, as
amended and supplemented from time to time (herein referred to as the "Resolution"), and is
subject to all the terms and conditions of the Resolution. Any capitalized term not otherwise
defined in this Bond shall have the meaning ascribed to such term in the Resolution.
[Redemption Provisions]
This Bond is payable from and secured by a lien upon and pledge of the Pledged
Revenues, all in the manner provided in the Resolution.
"Pledged Revenues" shall mean (a) the Non-Ad Valorem Revenues deposited in
the Debt Service Fund created and established under the Resolution, (b) investment income
received from the investment of moneys in the Debt Service Fund and accounts established
thereunder, [other than the escrow deposit trust fund established under an escrow deposit
agreement,] and (c) any other moneys deposited in the Debt Service Fund or received by the
Paying Agent in connection with the repayment of the Bonds.
W"~S~.FO.DS~4S~S~,e05;.~OC~,~ 33 Res. No. 76-99
"Non-Ad Valorem Revenues" shall mean all revenues of the City derived from
any source whatever other than ad valorem taxation on real and personal property, which are
legally available for payment of debt service by the City.
Until all of the Bonds are paid or deemed paid pursuant to the provisions of the
Resolution, the City has covenanted to appropriate in its annual budget, by amendment if
required, in each Fiscal Year, Non-Ad Valorem Revenues sufficient to pay the principal of,
redemption premium, if any, and interest on the Bonds, as the same become due and
payable. Notwithstanding the foregoing covenant of the City, the City does not covenant to
maintain any s~rvices or programs, now provided or maintained by the City, which generate
Non-Ad Valorem Revenues.
To the extent that the City is in compliance with the covenants contained in the
Resolution, and has budgeted and appropriated in each Fiscal Year, Non-Ad Valorem
Revenues sufficient to pay the principal of, redemption premium, if any, and interest on the
Bonds as the same become due and payable, the Resolution and the obligations of the City
contained therein shall not be a limitation on the ability of the City to pledge or covenant to
pledge its Non-Ad Valorem Revenues for other legally permissible purposes.
The full faith and credit of the City is not pledged for the payment of this Bond,
and this Bond does not constitute an indebtedness of the City within the meaning of any
Constitutional, statutory or other provision or limitation; and it is expressly agreed by the
Owner of this Bond that such Owner shall never have the right to require or compel the
exercise of the ad valorem taxing power of the City for the payment of the principal of and
interest on this Bond or the making of reserve, if any, and sinking fund payments provided for
in the Resolution.
It is further agreed between the City and the Owner of this Bond that this Bond
and the obligation evidenced thereby shall not constitute a lien upon any of the projects
W~S~'~FO,D~45r~5~,S05~.DOC/~4~ 34 Res. No. 76-99
financed with the proceeds of the Bonds, or on any other property or in the City, but shall
constitute a lien only on the Pledged Revenues pledged thereto, all in the manner provided in
the Resolution.
The original registered owner, and each successive registered owner of this
Bond shall be conclusively deemed to have agreed and consented to the following terms and
conditions:
(1) The Registrar shall maintain the books of the City for the registration of
Bonds and for the registration of transfers of Bonds as provided in the Resolution. The Bonds
shall be transferable by the registered Owner thereof in person or by his attorney duly
authorized in writing only upon the books of the City kept by the Registrar and only upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar
duly executed by the registered owner or his duly authorized attorney. Upon the transfer of
any such Bond, the City shall issue in the name of the transferee a new Bond or Bonds.
(2) The City, the Paying Agent and the Registrar shall deem and treat the
person in whose name any Bond shall be registered upon the books kept by the Registrar as
the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose
of receiving payment of, or on account of, the principal of and interest on such Bond as the
same becomes due, and for all other purposes. All such payments so made to any such
registered owner or upon his order shall be valid and effectual to satisfy and discharge the
liability upon such Bond to the extent of the sum or sums so paid, and neither the City, the
Paying Agent, nor the Registrar shall be affected by any notice to the contrary.
(3) At the option of the registered owner thereof and upon surrender hereof
at the designated office of the Registrar with a written instrument of transfer satisfactory to the
Registrar duly executed by the registered owner or his duly authorized attorney and upon
payment by such registered owner of any charges which the Registrar or the City may make
w~s,,Fo,os~4~os~.~c~4~ 35 Res. No. 76-99
as provided in the Resolution, the Bonds may be exchanged for Bonds of the same maturity of
any other authorized denominations.
(4) In all other cases in which the privilege of exchanging Bonds or
transferring Bonds is exercised, the City shall execute and the Registrar shall authenticate
and deliver Bonds in accordance with the provisions of the Resolution. There shall be no
charge for any such exchange or transfer of Bonds, but the City or the Registrar may require
payment of a sum sufficient to pay any tax, fee or other governmental charge required to be
paid with respect to such exchange or transfer. Neither the City nor the Registrar shall be
required (a) to transfer or exchange Bonds for a pedod of 15 days from a Record Date to the
next ensuing interest payment date or 15 days next preceding any selection of Bonds to be
redeemed or thereafter until after the mailing of any notice of redemption; or (b) to transfer or
exchange any Bonds called for redemption. However, if less than all of a Bond is redeemed
or defeased, the City shall execute and the Registrar shall authenticate and deliver, upon the
surrender of such Bond, without charge to the Bondholder, for the unpaid balance of the
principal amount of such Bond so surrendered, a registered Bond in the appropriate
denomination.
[The following paragraph is applicable to Capital Appreciation Bonds only]
The Capital Appreciation Bonds, of which this Bond is one, pay principal and
compound accrued interest only at maturity or upon prior redemption. For the purposes of (i)
receiving payment of the redemption price if a Capital Appreciation Bond is redeemed prior to
maturity, or (ii) computing the amount of Bonds held by the registered owner of a Capital
Appreciation Bond in the giving to or by the City any notice, consent, request, or demand
pursuant to the Resolution for any purpose whatsoever, or (iii) computing the amount of
Bonds to be redeemed and the selection of Bonds to be redeemed, the principal amount of a
~,FORDS=45~.~OC~=~4~ 36 Res. No. 76-99
Capital Appreciation Bond shall be deemed to be its "Accreted Value", which consists of
principal plus accrued interest and is more fully defined in the Resolution.
[The following paragraph is applicable only to Capital Appreciation and Income Bonds]
For the purposes of (i) receiving payment of the redemption pdce if a Capital
Appreciation and Income Bond is redeemed prior to maturity, (ii) computing the amount of
Bonds held by the registered owner of a Capital Appreciation and Income Bond in the giving to
or by the City any notice, consent, request or demand pursuant to the Resolution for any
purpose whatsdever, or (iii) computing the amount of Bonds to be redeemed and the selection
of Bonds to be redeemed, the principal amount of a Capital Appreciation and Income Bond
shall be deemed to be its "Appreciated Value", as such term is more fully defined in the
Resolution.
W"WS*.,O.DS=~5~/5~0S~.DOC/~=/~4~ 37 Res. No. 76-99
[For Capital Appreciation Bonds only]
ACCRETED VALUE PER $5,000 MATURITY AMOUNT
Accreted Accreted
Date Value Date Value
W.~S*.,O.DS~4S~/S~,OS:.~OC~4~ 38 Res. No. 76-99
[For Capital Appreciation and Income Bonds only]
ACCRETED VALUE PER $5,000 MATURITY AMOUNT
Accreted Accreted
Date Value Date Valu~
W~',"FO~S~,.~.~/S~h~.DOC~,~ 39 Res. No. 76-99
ASSIGNMENT AND TRANSFER
FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto
(please print or typewrite name and address of transferee)
the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints
Attorney to trar~sfer the within bond on the books kept for registration thereof, with full power
of substitution in the premises.
Dated:
In the presence of:
[Statement of Insurance, if any]
VVPB/SANFORDS/~45564/59hS0~LDOC/12/14/99 40 Res. No. 76-99
Section 9. BOOK-ENTRY SYSTEM
A. As long as the Bonds are registered under the Book-Entry System, the City and
the Registrar, as the case may be, shall comply with the terms of the agreements with the
Securities Depository (collectively, the 'Book-Entry Agreement"). However, the Book-Entry
System through the Securities Depository may be terminated upon the happening of any of
the following:
1. The Securities Depository or the City, based upon advice from the Securities
Depository, advise the Registrar that the Securities Depository is no longer willing or
able to I~roperly discharge its responsibilities under the Book-Entry Agreement and the
Registrar and the City are unable to locate a qualified successor clearing agency
satisfactory to the Registrar and the City; or
2. The City, in its sole discretion but with the prior written consent of the Registrar,
elects to terminate the Book-Entry System by notice to the Securities Depository, the
Registrar and the Bond Insurer, if any.
B. Upon the occurrence of any event described in Section 9.A above, (i) the City
and the Registrar shall, if necessary, enter into a resolution supplemental to this Resolution to
add to the provisions of this Resolution any provisions deemed reasonably necessary or
required by the Registrar, and approved in writing by the Bond Insurer, if any, with respect to
Replacement Bonds (including, but not limited to, the provision for the cost and expenses for
the printing thereof) and to account for the fact that, thereafter, the Bonds will no longer be
registered under the Book-Entry System, and (ii) the Registrar shall notify the Securities
Depository and the Bond Insurer, if any, of the occurrence of such event and of the availability
of definitive or temporary Replacement Bonds to Beneficial Owners requesting the same, in
an aggregate Outstanding amount representing the interest of each such Beneficial Owner,
making such adjustments and allowances as it may find necessary or appropriate as to
w,ws~Fo~s=4s~/sa,~os~.~oc/~J~4~ 41 Res. No. 76-99
accrued interest and previous payments of principal. Definitive Replacement Bonds shall be
issued only upon surrender to the Registrar of the Bond of each maturity by the Securities
Depository, accompanied by registration instructions for the definitive Replacement Bonds for
such maturity from the Securities Depository. Neither the City nor the Registrar shall be liable
for any delay in delivery of such instructions and conclusively may rely on, and shall be
protected in relying on, such instructions.
C. Whenever the Bonds are registered under the Book-Entry System and notice or
other communication to the Bondholders is required under this Resolution, unless and until
definitive Replabement Bonds shall have been issued with respect to the Bonds, the City or
the Registrar, as the case may be, shall give to the Securities Depository one copy of each
such notice and communication specified herein or required by this Resolution to be given to
the Beneficial Owners of the Bonds.
ARTICLE III
COVENANTS, FUNDS AND APPLICATION THEREOF
Section 1. BONDS NOT TO BE INDEBTEDNESS OF THE CITY. The Bonds shall not
be or constitute an indebtedness of the City within the meaning of any Constitutional, statutory
or other limitation or indebtedness, but shall be secured solely by a lien on and pledge of the
Pledged Revenues and payable from the Non-Ad Valorem Revenues, including the Pledged
Revenues. No Owner or Owners of any Bonds issued hereunder shall ever have the right to
compel the exercise of the ad valorem taxing power of the City, or taxation in any form on any
real property therein to pay the Bonds or the interest thereon. No Owner shall have a lien on
any Non-Ad Valorem Revenues until deposited in the Debt Service Fund.
It is further agreed between the City and the Bondholders that the Bonds and the
obligations evidenced thereby shall not constitute a lien upon any of the Projects financed with
w.=s~..o.=s=~s~s~.os~.ooc~=~m 42 Res. No. 76-99
the proceeds of the Bonds, or on any other property of or in the City, but shall constitute a lien
only on the Pledged Revenues pledged thereto, all in the manner provided in this Resolution.
Section 2, BONDS SECURED BY LIEN ON AND PLEDGE OF THE PLEDGED
REVENUES. The payment of the principal of, redemption premium, if any, and interest on all
of the Bonds issued hereunder shall be secured forthwith equally and ratably by a lien on and
pledge of the Pledged Revenues in an amount sufficient to pay the principal of, redemption
premium, if any, and interest on the Bonds, herein authorized, and to make all other payments
provided for in this Resolution as the same become due and payable.
Section 3. APPLICATION OF BOND PROCEEDS. Except as may otherwise be
provided by subsequent proceedings of the Commission with respect to a series of Bonds, all
moneys received by the City from the sale of each series of the Bonds authorized and issued
pursuant to this Resolution shall be disbursed in the following manner and order of priority:
A. The accrued interest derived from the sale of the Bonds shall be deposited in the
Debt Service Account of the Debt Service Fund, hereinafter created and established, and
used for the purpose of paying the interest on the Bonds as the same becomes due and
payable.
B. If applicable, from the proceeds of the sale of the Series 1999 Bonds, an
amount, which together with other moneys lawfully available therefor, if any, shall be
deposited in one or more escrow deposit trust funds to be held by a bank or trust company, as
trustee, under the terms and provisions of the applicable escrow deposit agreement and such
proceeds, together with such other moneys, if any, shall be held irrevocably in trust in such
escrow deposit trust funds under the terms and provisions of such escrow deposit agreement;
such moneys shall be invested at the time of deposit in U.S. Obligations which are not
redeemable prior to maturity except by the holder thereof, the principal and interest of which
shall be sufficient to pay the principal of, redemption premium and interest on all or a portion
WPB/SANFORDS/245564/59hSOS!.DOC/12/14/99 43 Res. No. 76-99
of any Bonds issued under this Resolution that are being advanced or currently refunded as
the same mature and become due and payable or are redeemed pdor to matudty in
accordance with the proceedings which authorized their issuance, all as provided in this
Resolution, the applicable escrow deposit agreement and subsequent proceedings of the City
Commission.
C. If applicable, an amount equal to the Debt Service Reserve Requirement may be
deposited into the Reserve Account, hereinafter created and established, and used for the
purposes provided therein, as shall be determined by subsequent proceedings of the
Commission. or in lieu of depositing all or part of such amount of the proceeds of the Bonds,
the City may deposit a Reserve Account Credit Facility Substitute with the requisite coverage.
D. The balance of the proceeds derived from the sale of the Bonds shall be
deposited in a fund in a bank or trust company in the State which is eligible under State laws
to receive deposits of City funds, which fund is hereby created, established and designated as
the "Construction Fund" together with other moneys lawfully available therefor, if any. There
is hereby created and established in the Construction Fund a separate line item to be known
as the "Cost of Issuance Cost Center," into which shall be deposited an amount sufficient to
pay the costs of issuance of the Bonds, including, but not limited to, payment for the Credit
Facility, if any, and the initial payment of the premium or fee for the Reserve Account Credit
Facility Substitute, if any. There is hereby further created and established in the Construction
Fund a separate line item to be known as the "Capitalized Interest Cost Center," into which
shall be deposited an amount, if any, which will be sufficient, including investment income, if
any, to provide for the payment of interest on all or a portion of the Bonds of a series issued to
pay the cost of the Projects to be financed with the proceeds of such series for a period to be
hereinafter determined by subsequent resolution of the Commission in accordance with the
terms of the Act, but in no case for a period longer than one (1) year after the completion of
W.~S~.FORDS~45~5~,0S~..OC~4~ 44 Res. No. 76-99
the applicable Projects. No withdrawals shall be made from the Construction Fund in an
amount in excess of $100,000 at any one time, except for amounts in the Cost of Issuance
Cost Center, and the Capitalized Interest Cost Center, without the written approval of the
Finance Director or his designee, and only upon receipt of a written requisition executed by
the duly authorized official of the City responsible for the acquisition or construction of the
applicable Projects, specifying the purpose for which such withdrawal is to be made and
certifying that such purpose is one of the purposes provided for in this Resolution for the
acquisition or construction of the Projects. If, for any reason, the moneys in the Construction
Fund, or any pert thereof, are not necessary for or are not applied to the purposes of the
applicable Projects, as such Projects may be changed by subsequent proceedings of the City
without the consent of any Bondholder, then such surplus proceeds shall be deposited, upon
certification of the Finance Director, that such surplus proceeds are not needed for the
purposes of the Construction Fund, in the following order:
First, if applicable, to the Reserve Account in the Debt Service Fund hereby
created and established for the Bonds, to the full extent necessary, either to reinstate any
Reserve Account Credit Facility Substitute on deposit therein, or to deposit additional moneys
so that such deposit, together with such moneys already on deposit therein, equal the Debt
Service Reserve Requirement for Bonds;
Second, if applicable, to the Debt Service Account in the amounts determined by
subsequent proceedings of the Commission; and
Third, the balance, if any, to the City and used for any lawful purpose.
The moneys deposited in the Construction Fund may, pending their use for the
purposes provided in this Resolution, be temporarily invested in Permitted Investments
maturing not later than the dates on which such moneys will be needed for the purposes of
the Construction Fund. Subject to the provisions of the Code and the Tax Certificate, all the
W~=S~rO.~S=~/~0S~.DO~=~ 45 Res. No. 76-99
earnings and investment income from such investments shall remain in and become a part of
said Construction Fund and be used for the purposes of the Construction Fund.
Any moneys received by the City from the State or from the United States of
America or any agencies thereof for the purpose of financing any part of the Projects, may be
deposited in the Construction Fund and used in the same manner as the Bond proceeds are
used therein; provided, however, that such moneys shall not be so deposited in the event and
to the extent that the City has incurred debt in anticipation of the receipt of such moneys; and
provided further, that separate accounts may be established in the Construction Fund for
moneys received pursuant to the provisions of this paragraph whenever required by federal or
State regulations.
All of the proceeds from the sale of the Bonds deposited hereunder shall be and
constitute trust funds for the purposes hereinabove provided and there is hereby created a
lien upon such moneys, until so applied, in favor of the Owners of the Bonds; provided,
however, that the Owners of the Bonds shall not have a lien on the moneys in the escrow
deposit trust fund created pursuant to any escrow deposit agreements or the money used to
reimburse the City for prior capital expenditures.
Section 4. COVENANTS OF THE CITY. As long as any of the principal of or interest
on any of the Bonds shall be outstanding and unpaid, or until there shall have been set apart
in the Debt Service Fund (hereinafter defined), a sum sufficient to pay, when due, the entire
principal of the Bonds remaining unpaid, together with interest accrued and to accrue thereon,
or until the provisions of Section 4.H of this Article III have been complied with, the City
covenants with the Owners of any and all of the Bonds issued pursuant to this Resolution as
follows:
A. Covenant to Budget and Appropriate. Until all of the Bonds are paid or deemed
paid pursuant to the provisions of this Resolution, the City hereby covenants to appropriate in
WPB/SANFORDS~245564/59hS05!.DOC/12/14/99 46 Res. No. 76-99
its annual budget, by amendment if required, in each Fiscal Year, Non-Ad Valorem Revenues
sufficient to pay the principal of, redemption premium, if any, and interest on the Bonds, as the
same become due and payable. Notwithstanding the foregoing, the City does not covenant to
maintain any services or programs, now provided or maintained by the City, which generate
Non-Ad Valorem Revenues.
If and to the extent that the City is in compliance with the covenant contained
above and the covenants set forth in Paragraph E of this Section 4, and has budgeted and
appropriated in each Fiscal Year Non-Ad Valorem Revenues sufficient to pay the principal of,
redemption premium, if any, and interest on the Bonds as the same become due and payable,
this Resolution and the obligations of the City contained herein shall not be construed as a
limitation on the ability of the City to pledge or covenant to pledge its Non-Ad Valorem
Revenues for other legally permissible purposes.
Upon deposit of Non-Ad Valorem Revenues appropriated in each Fiscal Year
into the Debt Service Fund, such Non-Ad Valorem Revenues shall become Pledged
Revenues, and the Holders of the Bonds shall have a first lien on such Pledged Revenues
until the principal of, redemption premium, if any, and interest on the Bonds shall be paid or
deemed paid within the meaning of this Resolution.
B. Tax Cov~pant.
1. In order to maintain the exclusion of the interest on the Bonds from gross income
for federal income tax purposes pursuant to Section 103(a) of the Code, and for no
other purpose, the City covenants to comply with each applicable requirement of the
Code. In furtherance of the covenant contained in the preceding sentence, the City
agrees to comply with the provisions of the Tax Certificate executed by the City on the
date of initial issuance and delivery of each series of the Bonds.
w~s,,~o.~s~,~,,~os~.~oc~,~ 47 Res. No. 76-99
2. The City covenants that the City shall make any and all payments required to be
made to the United States Department of the Treasury in connection with the Bonds
pursuant to Section 148(f) of the Code from amounts on deposit in the fund and
accounts established in connection with the Bonds or from other legally available
funds of the City.
3. Notwithstanding any other provision of this Resolution to the contrary, as long as
necessary in order to maintain the exclusion of the interest on the Bonds from gross
income for federal income tax purposes, the covenants contained in this Section shall
survive the payment of the Bonds and the interest thereon, including any payment or
discharge thereof pursuant to Section 4.H. of this Article III.
C. Establishment of the Debt Service Fund and Accounts Therein. There is hereby
created and established the following fund and accounts: a Debt Service Fund consisting of a
Debt Service Account and a Reserve Account. The Debt Service Fund and the accounts
therein shall constitute trust funds for the benefit of the Holders of the Bonds until so applied in
accordance with the terms hereof. The City is hereby authorized to create one or more
special subaccounts in the Debt Service Account for the payment of sinking fund installments
on Term Bonds.
D. Disposition of Pledged Revenues. The City shall deposit or cause to be
deposited the Non-Ad Valorem Revenues budgeted and appropriated into the Debt Service
Account of the Debt Service Fund (including any special subaccounts created and established
in the Debt Service Account for the payment of sinking fund installments on Term Bonds) at
such times (but in no case later than the Business Day next preceding an Interest Payment
Date) and in such amounts as shall be sufficient to make full and timely payments of the
principal of, redemption premium, if any, and interest on the Bonds, as the same become due
and payable, in each year that the Bonds are outstanding and unpaid. The City may invest
w,,~S~,FO,DS~4S~5~,os:.~OC~,~ 48 Res. No. 76-99
the moneys on deposit in the Debt Service Account of the Debt Service Fund in Permitted
Investments to mature not later than such times as shall be necessary to pay debt service on
the Bonds (whether at maturity, by redemption, or otherwise).
If determined by subsequent proceedings of the Commission with respect to a
series of Bonds that a Reserve Account is applicable to such sedes of Bonds, as long as such
Bonds of that sedes are Outstanding, the City covenants to maintain a Reserve Account in an
amount equal to the Debt Service Reserve Requirement, such amounts may be in cash (or
Permitted Investments of such cash), or in lieu thereof such Debt Service Reserve
Requirement m~y be satisfied by maintaining a Reserve Account Credit Facility Substitute (as
herein defined), in the manner provided below, or any combination thereof. Moneys on
deposit in the Reserve Account of the Debt Service Fund shall be applied for the purpose of
paying the principal of, redemption premium, if any, and interest on the Bonds to the extent
that moneys on deposit in the Debt Service Account of the Debt Service Fund are insufficient
for such purposes. Moneys on deposit in the Reserve Account of the Debt Service Fund may
be invested by the City in Permitted Investments, which shall mature not later than the final
maturity of the Bonds, provided however, that such Permitted Investments shall not have
maturities extending beyond five years unless approved by the Bond Insurer.
Notwithstanding the foregoing provisions, in lieu of all or part of the required
deposits of Non-Ad Valorem Revenues into the Reserve Account, the City may cause to be
deposited into the Reserve Account, a surety, an unconditional direct pay letter of credit
issued by a bank, a reserve account line of credit issued by a bank, or a municipal bond
insurance policy issued by a reputable and recognized insurer for the benefit of the
Bondholders (herein referred to as a "Reserve Account Credit Facility Substitute") in an
amount equal to the difference between the Debt Service Reserve Requirement and the sums
then on deposit in the Reserve Account, if any, which Reserve Account Credit Facility
v~S*.FORDS~45~os~.OOC.~4~ 49 Res. No. 76-99
Substitute shall be payable (upon the giving of notice as required thereunder) on any Interest
Payment Date on which a deficiency exists in the Debt Service Account. In addition, the City,
at any time by subsequent proceedings of the Commission, may substitute a Reserve Account
Credit Facility Substitute for all or part of the moneys on deposit in the Reserve Account.
Under such circumstances, the Reserve Account Credit Facility Substitute, together with cash,
if any, or Permitted Investments of such cash, shall be in an amount equal to the Debt Service
Reserve Requirement. Such municipal bond insurer or bank, in the case of a letter of credit or
line of credit, shall be one whose municipal bond insurance policies or unconditional direct pay
letters of credit'or other type of credit enhancement insuring or guaranteeing the payment,
when due, of the principal of and interest on municipal bond issues, result in such issues
being rated in the highest rating category by any Rating Agency or Agencies then rating the
Bonds and the highest rating accorded insurers by A.M. Best & Company, or any comparable
service. If a disbursement is made from a Reserve Account Credit Facility Substitute,
provided pursuant to this paragraph, the City shall be obligated to reinstate from Non-Ad
Valorem Revenues the maximum limits of such Reserve Account Credit Facility Substitute
following such disbursement at the time or times required by the issuer of the Reserve
Account Credit Facility Substitute or, with the consent of the issuer of the Reserve Account
Credit Facility Substitute, to replace such Reserve Account Credit Facility Substitute by
depositing into the Reserve Account from the Pledged Revenues as herein provided, funds in
the maximum amount originally payable under such Reserve Account Credit Facility
Substitute, or any combination of such alternatives. In the event there is more than one
Reserve Account Credit Facility Substitute on deposit in the Reserve Account, the City, or the
Paying Agent on its behalf, shall be obligated to draw on each on a pro-rata basis. In the
event the Reserve Account is funded, both with cash (including Permitted Investments of such
cash) and a Reserve Account Credit Facility Substitute in the aforementioned manner, and it
wr'~S*.;O.DS=4s~os~.DOC~4~ 50 Res. No. 76-99
is necessary to make payments into the Debt Service Account when the moneys therein are
insufficient therefor, the City covenants to deposit the cash (including Permitted Investments
on such cash) on deposit in the Reserve Account into the Debt Service Account prior to any
disbursements from the Reserve Account Credit Facility Substitute. The City covenants to
instruct the Paying Agent to request payment under the Reserve Account Credit Facility
Substitute at least three (3) days pdor to the date moneys thereunder will be needed to pay
the Bonds. The City may replace any Reserve Account Credit Facility Substitute with cash or
another Reserve Account Credit Facility Substitute if the long term rating of the issuer thereof
is reduced bel6w that which existed at the time such Reserve Account Credit Facility
Substitute was delivered to the City.
Whenever there is on deposit in the Reserve Account an amount in excess of
the Debt Service Reserve Requirement, the amount of such excess shall be reduced in the
following manner: (i) if there is on deposit in the Reserve Account a Reserve Account Credit
Facility Substitute, as provided herein, the principal amount thereof shall be reduced by the
amount of such excess, and (ii) if there is on deposit therein, cash (including Permitted
Investments on such cash), the amount of cash and/or Permitted Investments of such cash in
the Reserve Account shall be reduced in an amount equal to such excess. The cash and/or
Permitted Investments of such cash so withdrawn under clause (ii) above shall be deposited
in the Debt Service Account and used for the purposes provided therein. Subject to the
provisions of the Code and the applicable Tax Certificate, all of the income or investment
earnings received from the cash on deposit in the Reserve Account shall be deposited, to the
extent the Debt Service Reserve Requirement will be maintained after such deposit, in the
Debt Service Account and used for the purpose provided therein, as provided in this
Resolution.
w.~s..Fo.~s=4s~5~os~.~c~=~4~ 51 Res. No. 76-99
Investments of moneys on deposit in the Reserve Account shall be valued at
least once each Fiscal Year at the then fair market value of such investments. If a deficiency
results from such valuation, the City covenants to replenish, in the manner provided above,
the Reserve Account or reinstate the Reserve Account Credit Facility Substitute, as
applicable, from Non-Ad Valorem Revenues in the amount of such deficiency by not later than
the next valuation date. If it is necessary to deposit moneys from the Reserve Account into
the Debt Service Account because of deficiencies therein, the City covenants to replenish, in
the manner provided above, the Reserve Account or reinstate the Reserve Account Credit
Facility Substitbte, as applicable, from Non-Ad Valorem Revenues by not later than the
second business day prior to the next succeeding Interest Payment Date.
E. Additional Debt of the City Payable from Non-Ad Valorem Revenues. That the
City hereby covenants that in each Fiscal Year, it will not issue non-self-supporting revenue
debt of the City payable from its Non-Ad Valorem Revenues unless: (i) the total outstanding
maximum annual non-self-supporting revenue debt service, including the non-self supporting
revenue debt service on the debt proposed to be issued, does not exceed fifty percent (50%)
of the City's gross Non-Ad Valorem Revenues (all legally available Non-Ad Valorem Revenues
of the City from whatever source including investment income) of the City received by the City
in the test period; and (ii) the net available Non-Ad Valorem Revenues of the City for the test
period were at least 1.10 times average annual debt service of all indebtedness of the City
payable from its Non-Ad Valorem Revenues including the debt proposed to be issued.
As used above, the term "non-self-supporting revenue debt" shall mean all
revenue debt obligations in whatever form except such revenue debt obligations which are
payable solely from a specific enterprise fund or are otherwise self-liquidating and the term
"net available Non-Ad Valorem Revenues" shall mean "gross Non-Ad Valorem Revenues," as
defined above, minus costs of operation and maintenance of the City (except any such costs
w~,~o~s~45~os;.ooc~4~ 52 Res. No. 76-99
paid from ad valorem taxes) plus 6.7% of the legally available unencumbered cash balances
on hand at the end of the most recent Fiscal Year. The term "test period" means the average
of the last two preceding Fiscal Years.
Except as provided below, for the purpose of calculating average annual debt
service on any indebtedness which bears interest at a variable rate, such indebtedness shall
be' deemed to bear interest at the greater of (i) 1.25 times the most recently published Bond
Buyer Revenue Bond 30-Year Index, or (ii) 1.25 times actual average interest rate during the
prior Fiscal Year of the City, or (iii) 6% per annum. If such variable rate indebtedness is to be
secured by the'City's covenant to budget and appropriate Non-Ad Valorem Revenues and in
lieu of cash, the debt service reserve fund for such indebtedness is funded with a Reserve
Account Credit Facility Substitute, such indebtedness shall be deemed to bear interest at the
maximum rate.
As used above, the term "maximum rate" means the maximum rate of interest
such variable rate debt may bear at any particular time, which rate shall not exceed the rate of
interest allowed under Florida law and will be determined by the City at the time such variable
rate debt is issued.
F. Books and Records. That the City will keep books and records of each Fiscal
Year of the receipt of its Non-Ad Valorem Revenues in accordance with generally accepted
accounting principles for government units, and any Owner or Owners of Bonds issued
pursuant to this Resolution shall have the right at all reasonable times to inspect the records,
accounts and data of the City relating thereto.
The City covenants that within one hundred eighty (180) days of the close of
each Fiscal Year it will cause to be prepared and mailed to all Owners who shall have filed
their names and addresses with the Finance Director for such purpose a statement setting
forth in respect of the preceding Fiscal Year:
w.~S~FO.Ds~,~.~/5~os~.~OC~,~ 53 Res. No. 76-99
1. the total amounts deposited to the credit of the Debt Service Fund and
the accounts created under the provisions of this Resolution;
2. the principal amount of all Bonds paid, purchased or redeemed; and
3. the amounts on deposit at the end of such Fiscal Year to the credit of the
Debt Service Fund and the accounts created under the provisions of this Resolution.
G. Remedies. Any Owner of Bonds or any trustee acting for such Owners in the
manner hereinafter provided, may either at law or in equity, by suit, action, mandamus or
other proceedings in any court of competent jurisdiction, protect and enforce any and all rights
under the laws of the State of Florida, or granted and contained in this Resolution, and may
enforce and compel the performance of all duties required by this Resolution or by any
applicable statutes to be performed by the City or by any officer thereof.
The Owner or Owners of Bonds in an aggregate principal amount of not less
than fifty one per centum (51%) of Bonds issued under this Resolution then Outstanding may
by a duly executed certificate in writing appoint a trustee for Owners of Bonds issued pursuant
to this Resolution with authority to represent such Owners in any legal proceedings for the
enforcement and protection of the rights of such Owners. Such certificate shall be executed
by such Owners or their duly authorized attorneys or representatives, and shall be filed in the
office of the City Attorney.
Any exercise of a remedy set forth in this Section 4.G shall be subject to the
consent of the Credit Facility Issuer, if any, and such Credit Facility Issuer shall have the dght,
acting alone, to exercise said remedies as long as it has not defaulted in its obligations under
its Credit Facility.
Acceleration of the payment of principal of and interest on the Bonds shall not be
a remedy available to the Owners of the Bonds.
w,~s,~Fo~s~,~.~/sa,,os~.ooc,~,~ 54 Res. No. 76-99
H. Discherge and Satisfaction of Bonds. The covenants, liens and pledges entered
into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with
respect to the Bonds in anyone or more of the following ways:
1. by paying the principal of and interest on Bonds when the same shall
become due and payable;
2. by depositing in the Debt Service Fund or such other funds or accounts
which are irrevocably pledged to the payment of the Bonds as the City may hereafter
create and establish by proper proceedings moneys which, together with other
moneys' lawfully available therefor and deposited therein, if any, shall be sufficient at
the time of such deposit to pay the Bonds, the redemption premium, if any, and
interest as the same become due on said Bonds on or prior to the redemption date or
on the maturity date thereof; or
3. by depositing in the Debt Service Fund or such other funds or accounts
which are irrevocably pledged to the payment of the Bonds as the City may hereafter
create and establish by proper proceedings moneys which, together with other
moneys lawfully available therefor and deposited therein, if any, when invested in
Defeasance Obligations will provide moneys which shall be sufficient to pay the
Bonds, the redemption premium, if any, and interest as the same shall become due on
said Bonds on or prior to their redemption date or on the maturity date thereof.
4. Notwithstanding the foregoing, all references to the discharge and
satisfaction of Bonds shall include the discharge of any maturity of the Bonds, any
portion of a maturity of the Bonds or any combination thereof.
Notwithstanding the foregoing, in the event that the payment or deposit in the
amount and manner provided in this Resolution has been made by the Credit Facility Issuer
under the terms of the Credit Facility, the Credit Facility Issuer shall be subrogated to the
v~S*~O~S~4ss64~I.Doc/~l,~ 55 Res. No. 76-99
rights of the Holders of the Bonds and the liability of the City, with respect thereto, shall not be
discharged or extinguished.
Upon such payment or deposit in the amount and manner provided in this
Section 4.H of Article III of this Resolution, the Bonds shall no longer be deemed to be
outstanding for the purposes of this Resolution and all liability of the City with respect to the
Bonds shall cease, terminate and be completely discharged and extinguished, and the
Owners thereof shall be entitled for payment solely out of the moneys or securities so
deposited.
Notwithstanding anything contained in this Section 4.H of this Article III to the
contrary, the covenants, liens and pledges contained in this Resolution shall not be fully
discharged and satisfied until all obligations owed to the provider(s) of the Reserve Account
Credit Facility Substitute have been satisfied.
I. Rule 15c2-12 Undertaking. That in order to assist the initial purchasers of the
Bonds of a series that are subject to the Rule with respect to compliance with such Rule, the
City undertakes and agrees to provide the information described below to the persons so
indicated. The City's undertaking and agreement set forth in this Section 4.1. shall be for the
benefit of the registered owners and Beneficial Owners of the applicable series of Bonds.
1. The City undertakes and agrees to provide to each NRMSIR and to the State of
Florida information depository (herein, the "SID") if and when such a SID is created (i)
the City general purpose financial statements generally consistent with the financial
statements presented in the official statement relating to the subject Bonds (herein the
"Official Statement"), and (ii) update of the information conceming the Non-Ad
Valorem Revenues set forth in such Official Statement, to the extent such information
is not included in the City's general purpose financial statements referred to in clause
WPB/SANFORDS/245564/59hS05LDOC/12/14/99 56 Res. No. 76-99
(i) above. The information referred to in clauses (i) and (ii) is herein collectively
referred to as the "Annual Information."
2. The Annual Information described in clause (i) of paragraph 1 above in audited
form (for as long as the City provides such financial information in audited form) is
expected to be available on or before March 31 of each year for the fiscal year ending
on the preceding September 30, commencing not less than 90 days after the issuance
of each series of Bonds which are subject to the Rule. The Annual Information
referred to in clause (i) of paragraph I above in unaudited form (if the audited financial
statemehts are not available or if the City no longer provides such financial information
in audited form) will be available on or before March 31 for the fiscal year ending on
the preceding September 30. The City also agrees to provide the Annual Information
to each registered owner and Beneficial Owner of the Bonds who request such
information and pays to the City its costs of reproduction and transmission of such
Annual Information. The City agrees to provide to each NRMSIR and the SlD, if any,
timely notice of its failure to provide the Annual Information. Such notice shall also
indicate the reason for such failure and when the City reasonably expects such Annual
Information will be available.
3. The Annual Information referred to in clause (i) of paragraph 1 above and
presented in the Official Statement will be prepared in accordance with governmental
accounting standards promulgated by the Government Accounting Standards Board,
as in effect from time to time, as such principles are modified by generally accepted
accounting principles, promulgated by the Financial Accounting Standards Board, as
in effect from time to time, and such other State mandated accounting principles as in
effect from time to time.
w.~s~NFo.~s~4s.~s~osl.~oc~4~ 57 Res. No. 76-99
4. If, as authorized by paragraph 6 below, the City's undertaking with
respect to paragraph 3 above requires amending, the City undertakes and agrees that
the Annual Information described in clause (i) of paragraph 1. above for the fiscal year
in which the amendment is made will, to the extent possible, present a comparison
between the Annual Information prepared on the basis of the new accounting
principles and the Annual Information prepared on the basis of the accounting
principles described in paragraph 3 above. The City agrees that such a comparison
will, to the extent possible, include a qualitative discussion of the differences in the
accounting principles and the impact of the change on the presentation of the Annual
Information.
5. The City undertakes and agrees to provide, in a timely manner, to each
NRMSIR or to the Municipal Securities Rulemaking Board and to the SlD, if any,
notice of the occurrence of any of the following events with respect to the Bonds, if
matedah
a. principal and interest payment delinquencies;
b. non-payment related defaults;
c. unscheduled draws on the Reserve Account reflecting financial
difficulties;
d. unscheduled draws on credit enhancements reflecting financial
difficulties;
e. substitution of credit or liquidity providers, or their failure to
perform;
f. adverse tax opinions or events affecting the tax-exempt status of
the Bonds;
g. modifications to rights of Bondholders;
h. Bond calls (other than scheduled mandatory sinking fund
redemptions);
WPEV"~4~NFORDS~245564/59hB05LDOC/12/14/99 58 Res. No. 76-99
i. defeasances of the Bonds;
j. release, substitution, or sale of property securing repayment of
the Bonds; and
k. rating changes.
Notwithstanding the foregoing, notice of the events described in clause h.
and i. above need not be given any earlier than the time notice is required to be given
to the registered owners of the Bonds.
6. Notwithstanding any other provision of this Resolution to the contrary
regardin~g amendments or supplements, the City undertakes and agrees to amend
and/or supplement this Section 4.1 (including the amendments referred to in paragraph
4 above) only if:
a. The amendment or supplement is made only in connection with a
change in circumstances existing at the time the Bonds were originally issued
that arises from (i) a change in law, (ii) SEC pronouncements or interpretations,
(iii) a judicial decision affecting the Rule or (iv) a change in the nature of the
City's operations or the activities that generate Non-Ad Valorem Taxes;
b. The City's undertaking, as amended, would have complied with
the requirements of the Rule at the time the Bonds were originally issued after
taking into account any amendments or interpretations of the Rule, as well as
any change in circumstances; and
c. The amendment or supplement does not materially impair the
interests of the registered owners and Beneficial Owners of the Bonds as
determined by Bond Counsel or by a majority of the registered owners of the
Bonds.
In the event of an amendment or supplement under this Section 4.1, the City shall describe the
same in the next report of Annual Information and shall include, as applicable, a narrative
explanation of the reason for the amendment or supplement and its impact, if any, on the
financial information and operating data being presented in the Annual Information.
w.=s~o.os=4s~s,~osl.~oc~=~4~ 59 Res. No. 76-99
7. The City's Undertaking as set forth in this Section 4.1 shall terminate if
and when the Bonds are paid or deemed paid within the meaning of Section 4.H. of
this Article III.
8. The City acknowledges that its Undertaking pursuant to the Rule set forth
in this Section 4.1 is intended to be for the benefit of the registered holders and
Beneficial Owners of the Bonds and shall be enforceable by such holders and
Beneficial Owners; provided that, the holder's and Beneficial Owners' right to enforce
the provisions of this Undertaking shall be limited to a right to obtain specific
enforcement of the City's obligations hereunder, and any failure by the City to comply
with the provisions of this Undertaking shall not be or constitute a covenant or
monetary default with respect to the Bonds under this Resolution.
9. The City reserves the right to satisfy its obligations under this
Section 4.1 through agents; and the City may appoint such agents without the necessity of
amending this Resolution. The City may also appoint one or more employees of the City to
monitor and be responsible for the City's Undertaking hereunder.
WP~S~.~ORD~5~/5~05~.OOC/~2/~*~ 60 Res. No. 76-99
ARTICLE IV
MISCELLANEOUS PROVISIONS
Section 1. MODIFICATION OR AMENDMENT. Except as otherwise provided in
Section 4.1 of Article III of this Resolution, no material modification or amendment of this
Resolution or of any resolution amendatory thereof or supplemental thereto, may be made
without the consent in writing of the Owners of two-thirds or more in principal amount of the
Bonds then outstanding affected by such modification or amendment; provided, however, that
no modification or amendment shall permit a change in the maturity of such Bonds or a
reduction in the' rate of interest thereon, or affecting the unconditional promise of the City to
pay the interest of and principal on the Bonds, as the same mature or become due, from the
Pledged Revenues, or reduce such percentage of Owners or such Bonds required above for
such modification or amendment, without the consent of the Owners of all the Bonds affected
by such modification or amendments.
In addition to the provisions of Section 4.1 of Article III of this Resolution
regarding amendments to the City's Undertaking, this Resolution may be amended, changed,
modified and altered without the consent of the Owners of Bonds, (i) to cure any ambiguity,
correct or supplement any provision contained herein which may be defective or inconsistent
with any other provisions contained herein, (ii) to provide other changes which will not
adversely affect the interest of such Owners, (iii) to implement a Credit Facility or a Reserve
Account Credit Facility Substitute, (iv) to maintain the exclusion of interest on the Bonds from
gross income for federal income tax purposes, (v) to secure or maintain a rating on the Bonds,
or (vi) to implement or discontinue a Book-Entry System.
For purposes of this Section 1 of Article IV, to the extent the Bonds of a sedes
are secured by a Credit Facility and such Bonds are then rated in as high a rating category in
which such Bonds were rated at the time of initial issuance and delivery thereof, by the
applicable Rating Agency or Agencies, then the consent of the Credit Facility Issuer shall
constitute the consent of the Holders of the Bonds provided such Credit Facility Issuer is not in
default under the Credit Facility. The City shall provide to S&P, Moody's, and FITCH (with
respect to any series of Bonds that are then rated by these entities and such entities so
require copies of each amendment) a copy of each amendment to this Resolution.
Section 2. PURCHASE OF BONDS. The City may at any time purchase any of the
Bonds at prices not greater than the par amount and accrued interest to the date of purchase.
If the City shall purchase Term Bonds in excess of the sinking fund requirement for such year
such excess of'Term Bonds so purchased shall at the option of the City either be credited on
a pro-rata basis over the remaining sinking fund installment dates for such Term Bonds or
credited against the following year's installment requirement.
Section 3. NOTICES TO CREDIT FACILITY ISSUER. The City shall provide to the
Credit Facility Issuer all copies of notices sent or given pursuant to the terms and provisions of
this Resolution.
Section 4. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the
covenants, agreements or provisions of this Resolution should be held contrary to any
express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then
such covenants, agreements or provisions shall be null and void and shall be deemed
separate from the remaining covenants, agreements or provisions, and shall in no way affect
the validity of any of the other provisions of the Resolution or of the Bonds issued hereunder.
Section 5. CREDIT FACILITY ISSUER; DEFAULT. Notwithstanding any of the
provisions of this Resolution to the contrary, all of the rights of the Credit Facility Issuer
granted herein, shall be null and void if the Credit Facility Issuer is in default under the Credit
Facility.
W"~S~.FO.~S~4S~5~,0S~.~OC~,~ 62 Res. No. 76-99
Section 6. SALE OF BONDS. The Bonds shall be issued and sold at one time, or from
time to time, in such manner and at such price or prices consistent with the requirements of
this Resolution as the Commission shall hereafter determine by subsequent proceedings.
Section 7. PRELIMINARY OFFICIAL STATEMENT. The City is hereby authorized to
distribute a preliminary official statement in connection with any series of Bonds to be sold
other than on a private placement basis. Prior to such distribution, the Mayor, Vice Mayor,
City Manager or Finance Director are each hereby authorized to deem such preliminary
official statement relating to the Bonds 'final" within the meaning of the Rule as of its date,
except for certain "permitted omissions" as defined therein.
Section 8. BOND ANTICIPATION NOTES AND BANK OBLIGATIONS. The City may,
if it determines it to be in its best financial interest, issue its bond anticipation notes in order to
temporarily finance the costs of any of Projects as provided in this Resolution. The City shall
by proper proceedings authorize the issuance and establish the details of such bond
anticipation notes pursuant to the provisions of Section 215.431, Florida Statutes, as
amended. In connection with such bond anticipation notes, the City is hereby authorized to
enter into line of credit agreements, loan agreements or similar arrangements (collectively
referred to as "Financing Agreement") with banks or similar financial institutions for the
purpose of financing the costs of any Project. The City is authorized to issue one or more
bond anticipation notes to such banks or financial institutions to evidence its obligation to
repay loans made under such Financing Agreements. The City is further authorized to issue
Bonds that do not constitute bond anticipation notes, pursuant to the terms and provisions of
this Resolution and subsequent proceedings of the Commission to evidence loans made to
the City by banks or similar financial institutions to finance or refinance Projects.
w,=s~,FoP, oS~4s~5~,5~.ooo~=~4~ 63 Res. No. 76-99
Section 9. EFFECTIVE DATE. This Resolution shall take effect immediately.
CITY OF DELRAY BEACH, FLORIDA
- t~e.. De~/~mber 1~4, ~Y9°~9
ATTEST:
City ~,lerk. --- /
The foregoing resolution is hereby approved by me
as to form, language, execution and legal
s~this 14th day of Dece_mber, 1999.
City Attorney ~
W~S~.FO..DS~4S.~/~05~.~:~ 64 Res. No. 76-99
MEMORANDUM
To: City Commission
From: David T. Harden, City Manager~ 1
Subject: Proposed $4,000,000 Revenue Note (Communication Equipment)
Resolution No. R 76-99 and Resolution No. R 77-99
Date: December 9, 1999
Resolution Number 76-99 authorizes the issuance of Revenue Bonds from time to time. This
resolution is the basis for future bond issues and bank notes that will use a covenant to budget
and appropriate funding for any debt service due and payable. It sets forth the requirements with
respect to terms, payment and disclosure. The security for future financings is a lien on available
non-advalorem revenues.
Resolution Nur~ber 77-99 authorizes the City to execute a Note Agreement with SunTrust in the
amount of $4,000,000 at a rate of 5.0196% for an approximate 15 year term. The note will be
issued for the purpose of financing the cost of consultation, design, engineering, construction and
equipping of an 800 MHz digital radio system (the "Radio System"). The Finance Department has
provided an analysis of bids received and a recommendation to approve the agreement with
SunTrust at the lowest bidding rate. The agreement will allow for prepayment at any time without
penalty if rates are higher at the time of prepayment and a penalty if rates are lower. The penalty
equates to bringing the Bank up to its quoted rate. The agreement will protect the City against
rate changes caused by amendments to the tax laws.
I concur with their recommendation.
c: R.S. O'Connor, Treasurer
MEMORANDUM
To: David T. Harden, City Manager
From: Joseph M. S~ctor of Finance
Subject: Proposed $4,000,000 Revenue Note (Communication Equipment)
Date: December 9, 1999
Background
On December 8, 1999, the City Finance Department received bids for the above referenced
financing (the "Note") for the purpose of funding the cost of consultation, design, engineering,
construction, and equipping of an 800 MHz digital radio system (the "Radio System"). The terms
and specifics of the request for bid are as follows:
Term
The term of the Note will be approximately 15 years.
Security
The Note will be secured by a pledge to budget and appropriate on an annual basis the amount of
debt service due and payable. The request for proposal is subject to the acknowledgement that
the City reserves the right to issue an additional $11,000,000 without Bank approval.
Prepayment Provisions/Gross-up Provisions
The City asked the banks to bid with and without a "prepayment penalty" as well as with and
without a "gross-up provision". The "prepayment penalty" is a fee charged or a premium paid by
the City in the event the City chooses to prepay the note. The penalty described by the bidding
banks is based upon a formula that basically protects the banks from any loss due to a decrease
in the interest rate at the time of prepayment. If the rates are higher at the time of prepayment
there would be no prepayment penalty. A "gross-up provision" is a protection for the bank that, in
the event of a change in the tax law, the bank would be allowed to increase the rate of the
financing to the bank's effective yield.
Bid Responses
The City received fixed rate responses from First Union, NationsBank, SkyLake State Bank, and
SunTrust. (See Attachment A) We asked for rates without penalty and no gross-up language
(Option 1), without penalty but with gross-up language (Option 2), with penalty without gross-up
language (Option 3), and with penalty with gross-up language (Option 4). We applied the fixed
interest rate quotes to the proposed principal payment schedule to compute a total principal and
interest cost then added in any legal or out of pocket expenses to be charged by the bank to
determine the total cost to the City. (See Attachment B)
Recommendation
We recommend (Option 3) the fixed rate financing option with the "penalty" language and without
the "gross up" language offered by SunTrust. This option offers the lowest rate offered by the
bidding banks at a rate of 5.0196%. It allows for prepayment at any time without penalty if rates
are higher than 5.0196% at the time of prepayment and with a penalty if rates are lower. The
penalty would equate to the difference between the lower rate and the rate on the note. The bid
also protects the City against rate changes contingent upon amendments to the tax laws.
It should be noted that the cost of prepayment without penalty is approximately $24,000.
However, it is not likely that rates will be going down in the near future.
Steve Sanford, the City's Bond Counsel, is working on two resolutions with respect to authorizing
the issuance of the Note Agreement. These will come under a separate cover.
c: R.S. O'Connor, Treasurer
RESOLUTION NO. 77-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$4,000,000.00 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS,
SERIES '1999, OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE
PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF A 800
MHZ RADIO SYSTEM AND INCIDENTAL COSTS RELATING THERETO;
DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO
SUNTRUST BANK, SOUTH FLORIDA, N.A.; PROVIDING FOR THE TERMS
AND PAYMENT OF SAID REVENUE BONDS, SERIES '1999, AND THE
RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING
CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID REVENUE
BONDS, SERIES '1999; APPROVING THE FORM OF AND AUTHORIZING
THE EXECUTION OF A LINE OF CREDIT AGREEMENT WITH SUNTRUST
BANK, SOUTH FLORIDA, N.A., DESIGNATING THE REVENUE BONDS,
SERIES 1999 AS "QUALIFIED TAX-EXEMPT OBLIGATIONS" WITHIN THE
MEANING OF SECTION 265(b) OF THE INTERNAL REVENUE CODE OF
'1986, AS AMENDED; AUTHORIZING THE PROPER OFFICERS OF THE CITY
TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN
CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida (the "City
Commission"), hereby determines that it is in the best interest of the City of Delray Beach,
Florida (the "City"), to finance the cost of acquiring and implementing a 800 MHz radio system,
as further described on Exhibit C attached hereto, together all incidental and necessary costs
relating thereto (collectively, the "1999 Project"); and
WHEREAS, on this date the City Commission adopted Resolution No. 76-99 (the "Bond
Resolution") authorizing the issuance, from time to time, of revenue bonds (the "Bonds") to
financial capital projects in the City; and
WHEREAS, any capitalized term used in this Resolution and not otherwise defined,
shall have the meaning ascribed to such term in the Bond Resolution; and
WHEREAS, pursuant to the Bond Resolution each series of Bonds shall be payable
solely from the City's covenant contained in the Bond Resolution to budget and appropriate in
each Fiscal Year, by bud[iet amendment if necessary, Non-Ad Valorem Revenues and deposit
the same in the Debt Service Fund created and established under the Bond Resolution; and
WHEREAS, pursuant to the terms and provisions of the Bond Resolution and this
Resolution, the City shall issue its first series of Bonds known as "City of Delray Beach, Florida
Revenue Bonds, Series 1999" (herein, the "1999 Bonds") to finance the costs of the 1999
Project including the costs of issuing such 1999 Bonds; and
WHEREAS, the principal amount of the 1999 Bonds authorized under this Resolution
shall not exceed $4,000,000; and
Resolation No. 77-99
WHEREAS, the 1999 Bonds shall be secured by a pledge of and lien on the Pledged
Revenues; and
WHEREAS, City staff has previously solicited bids from qualified lending institutions to
provide a line of credit or term loan as the vehicle by which the 1999 Bonds are to be issued
and the 1999 Project is to be financed; and
WHEREAS, City staff has determined and the City Commission hereby concurs that
SunTrust Bank, South Florida, N.A., a national banking association with its designated office in
West Palm Beach, Florida (herein, the "Bank") has provided the best overall bid to the City; and
WHEREAS, the City Commission hereby finds that in light of present market conditions,
the aforementioned bid provided by the Bank, the necessity for the funds in calendar year 1999,
and other factors described herein, it would be in the best interest of the City to sell the 1999
Bonds to the Bank on a negotiated basis pursuant to the terms and provisions of the Bond
Resolution, this Resolution and that certain Line of Credit Agreement dated as of December 1,
1999 (herein, the'"Agreement") by and between the City and the Bank in substantially the form
attached hereto as Exhibit A; and
WHEREAS, the City does not expect to issue more than $10,000,000 of its tax-exempt
obligations in calendar year 1999, and based upon the advice of its Bond Counsel, the City
Commission shall designate the 1999 Bonds as "qualified tax-exempt obligations" within the
meaning of Section 265(b) of the Code.
NOW, THEREFORE, be it resolved by the City Commission of the City of Delray Beach,
Florida, as follows:
ARTICLE I
STATUTORY AUTHORITY; FINDINGS AND DEFINITIONS
SECTION 1.1 AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted
pursuant to the provisions of the Charter of the City of Delray Beach, Florida, as amended and
supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as amended and
supplemented, and other applicable provisions of law (collectively, the "Act") and the authority
provided for in the Bond Resolution.
SECTION 1.2. FINDINGS. It is hereby ascertained, determined and declared:
(a) That the City hereby authorizes that the 1999 Project be financed from all or a
part of the proceeds derived from the 1999 Bonds issued pursuant to this Resolution, together
with all incidental and necessary costs and expenses associated therewith, as more fully set
forth in Section 1.2(d) hereof.
(b) That it is necessary to acquire and implement the 1999 Project in order to
complete a tri-city radio system between the City, Boca Raton and Boynton Beach and to link
the same with the Palm Beach County System and such interconnected system will be in the
best economic interest of the City.
WPBISANFORD$1245887 /59q704!.DOCI12114/99116787.0101:~O 2
Resolution No. 77-99
(c) That the 1999 Project will serve a valid municipal purpose.
(d) That the cost of the 1999 Project shall be deemed to include, but not be limited
to, the cost of acquisition, construction, improving, renovating and equipping all or a portion of
the 1999 Project, the cost of any real or personal property necessary therefor; administrative
expenses; design, engineering and legal expenses; the fees and expenses of Bond Counsel;
the fees and reasonable expenses of counsel for the Bank; expenses for estimates of costs;
expenses for plans, specifications and licenses; and such other expenses as may be necessary
or incidental to the 1999 Project and the issuance of the 1999 Bonds herein authorized.
(e) That the principal of and interest on the 1999 Bonds shall be secured solely by
the Pledged Revenues and payable from the Non-Ad Valorem Revenues including such
pledged revenues provided that the Owner of the 1999 Bonds shall have no lien on the Non-Ad
Valorem Revenues until deposited into the Debt Service Fund. The ad valorem taxing power of
the City will never be necessary or authorized to pay the principal of and interest on the 1999
Bonds, and the 1999 Bonds issued pursuant to this Resolution shall not constitute a lien upon
any other property whatsoever of or in the City.
(f) That the City, having previously solicited bids for the sale of the 1999 Bonds, has
determined that the best qualified bid for the 1999 Bonds was delivered by the Bank.
(g) That the negotiated sale of the 1999 Bonds to the Bank is in the best interest of
the City by reason of the nature of and schedule for the completion of the 1999 Project, the
aforementioned solicitation of bids and present market conditions.
(h) That the Agreement, in the form attached hereto as Exhibit A, is hereby
approved, with such omissions, insertions and variations as may be necessary and desirable,
as evidenced by the City's execution thereof and the Mayor (or in his absence, the Vice Mayor)
and City Clerk are hereby authorized to execute the same on behalf of the City.
(i) The City hereby designates the 1999 Bonds to be "qualified tax-exempt
obligations" within the meaning of Section 265(b) of the Code.
(j) That pursuant to the provisions of the Bond Resolution and this Resolution, the
City may issue obligations secured by Pledged Revenues.
(I) That any capitalized term not otherwise defined herein, shall have the meaning
ascribed to such term in the Bond Resolution.
SECTION 1.3 J~. That, in addition to terms defined elsewhere in this
Resolution, the following terms shall have the following meanings unless the context otherwise
clearly requires:
"Bond Counsel" shall mean Greenberg Traufig, P.A. or any other firm of nationally
recognized bond counsel selected by the City and acceptable to the Bank.
"Bond Resolution" shall mean Resolution No. 76-99, adopted by the City Commission on
December 14, 1999, as amended and supplemented.
WPB/SANFORDS/245887/59q704!.DOC/12/14/99/I 6787.010000 3
Resolution No. 77-99
"City" shall mean the City of Delray Beach, Flodda, a municipal corporation in the
County of Palm Beach, State of Florida, and its successors and assigns.
"City Commission" shall mean the duly constituted governing body of the City.
"Code" shall mean the Internal Revenue Code of 1986, as amended, the applicable
Treasury Regulations promulgated thereunder and any administrative or judicial interpretations
of the same published in a form on which the City may rely as a matter of law.
"Interest Rate" shall mean the rate of interest on the 1999 Bonds which, when calculated
on an actual 360-day year basis consisting of 12 thirty-day months shall be equal to five and
one hundred ninety-six ten thousandth percent (5.0196%) per annum.
"Maturity Date" shall mean, with respect to the unpaid principal of and interest on the
1999 Bonds, June 1, 2015.
"1999 Bo~ds" shall mean the not to exceed $4,000,000.00 aggregate principal amount
of Revenue Bonds, Series 1999, authorized by the Bond Resolution and this Resolution.
"Owner," "Bondholder" or "registered holder" or any similar term shall mean the Bank or,
subject to the provisions of Section 2.4 hereof, any successor registered holder of the 1999
Bonds; provided no Bondholder may be the registered owner of less than $1,000,000 in the
aggregate principal amount of the 1999 Bonds.
"Paying Agent" shall mean the City's Finance Department or, if the City Commission
shall so determine by subsequent proceeding, any bank or trust company and any successor
bank or trust company appointed by the City to act as Paying Agent hereunder.
"Payment Date" shall mean, with respect to interest on the 1999 Bonds, each June 1
and December 1, commencing June 1, 2000 and with respect to scheduled principal on the
1999 Bonds each June 1, commencing June 1, 2000, and on any date the principal of the 1999
Bonds is optionally prepaid in whole or in part, provided that if such date is not a Business Day,
the payment shall be made on the next succeeding Business Day for the period ending on the
day prior to such scheduled Payment Date.
"Pledged Revenues" shall mean (I) the Non-Ad Valorem Revenues deposited in the
Debt Service Fund created and established under the Bond Resolution, (ii) investment income
received from the investment of moneys in the Debt Service Fund and accounts established
thereunder, other than the escrow deposit trust fund established under a escrow deposit
agreement, and (iii) any other moneys deposited in the Debt Service Fund or received by the
Paying Agent in connection with the repayment of any Bonds.
"Registrar" shall mean the City's Finance Department or, if the City Commission shall so
determine by subsequent proceeding, any bank or trust company and any successor bank or
trust company appointed by the City to act as Registrar hereunder.
"Resolution" shall mean this Resolution as the same may from time to time be amended
and supplemented in accordance with the terms hereof.
WPB/SANFORD$/2458~7 /59c~704!.DOC/12/14/99 /16787.010000 4
Resolution No. 77-gg
"Tax Certificate" shall mean the Arbitrage Certificate of the City executed on the date of
initial delivery of the 1999 Bonds.
Words importing singular number shall include the plural number and vice versa, as the
case may be, and words importing persons shall include firms and corporations.
SECTION 1.4 RESOLUTION AND BOND RESOLUTION CONSTITUTE
CONTRACT. In consideration of the acceptance of the 1999 Bonds authorized to be issued
hereunder by those who shall own the same from time to time, this Resolution and the Bond
Resolution shall be deemed to be and shall constitute a contract between the City and the
Bondholders and the covenants and agreements herein and therein set forth to be performed
by said City shall be for the benefit, protection and secudty of the Bondholders.
ARTICLE II
AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF 1999 BONDS
SECTION 2.1 AUTHORIZATION OF 1999 BONDS. Subject and pursuant to the
provisions of this Resolution and the Bond Resolution, obligations of the City of Delray Beach,
Florida, to be known as "Revenue Bonds, Series 1999" are hereby authorized to be issued in
the aggregate principal amount of not exceeding Four Million Dollars ($4,000,000.00) for the
purpose of financing the costs of the 1999 Project.
SECTION 2.2 DESCRIPTION OF 1999 BONDS. Notwithstanding the form of
Bonds set forth in the Bond Resolution, the text of the 1999 Bonds shall be substantially in the
form attached hereto as Exhibit B with such omissions, insertions and variations as may be
necessary and desirable, as evidenced by the City's execution thereof.
The 1999 Bonds (initially issued in one (1) typewritten certificate) shall be dated the date
of initial issuance. The 1999 Bonds shall bear interest on the outstanding principal amount of
the 1999 Bonds from time to time at the Interest Rate and shall be payable on each Payment
Date, commencing June 1, 2000. Principal of the 1999 Bonds shall be payable on each June 1
commencing June 1, 2000, in the amounts set forth below, if $4,000,000.00 in 1999 Bonds are
issued. All unpaid principal of the 1999 Bonds and all accrued and unpaid interest on the 1999
Bonds shall be payable on the Maturity Date. The 1999 Bonds shall be issued in registered
form.
WPB/SANFOI~DS/245887 /59q704!.DOC/12/14/99/16787.010000 5
Resolution No. 77-99
Date Amount
June 1,2000 $ 180,000
June 1,2001 175,000
June 1,2002 185,000
June 1,2003 190,000
June 1,2004 200,000
June 1,2005 210,000
June 1,2006 220,000
June 1,2007 240,000
June 1,2008 250,000
June 1,2009 265,000
June 1,2010 275,000
June 1,2011 290,000
June 1,2012 305,000
June 1,2013 320,000
June 1, 2014 340,000
June 1, 2015 (Maturity Date) 355.000
TOTAL $4.000.000
Principal and interest on the 1999 Bonds shall be payable at the office of the Paying
Agent (the designated corporate trust office of the Paying Agent if the City's Finance
Department is not the Paying Agent). The 1999 Bonds shall be numbered in such manner as
may be prescribed by the Registrar.
The 1999 Bonds shall be payable, with respect to interest and principal, in any coin or
currency of the United States of America which at the time of payment is legal tender for the
payment of public and private debts.
Subject to the next succeeding paragraphs, the City may prepay the 1999 Bonds in
whole or in part, at any time or from time to time, without penalty or premium, by paying to the
registered holder all or part of the principal amount of the 1999 Bonds, together with the unpaid
interest accrued on the amount of principal so prepaid to the date of such prepayment. Each
prepayment shall be made on such date and in such principal amount as shall be specified by
the City in a written notice delivered to the registered owner not less than two (2) Business
Days pdor thereto. If such prepayment shall be for only a portion of the unpaid principal
balance of the 1999 Bonds, the City shall provide in such wdtten notice, which future
amortization installments shall be reduced as a result of such prepayment. Notice having been
given as aforesaid, the principal amount stated in such notice or the whole thereof, as the case
may be, shall become due and payable on the prepayment date stated in such notice; and the
amount of principal shall be paid (i) in case the entire unpaid balance of the principal of the
1999 Bonds is to be paid, upon presentation and surrender of the 1999 Bond or 1999 Bonds to
the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not
WPB/SANFORDS/245887/59qTO4LDOC/12/14/99/16787.0100DO 6
Resolution No. 77-99
the City's Finance Department), and (ii) in case only part of the unpaid balance of principal of
the 1999 Bonds is to be paid, upon presentation of such 1999 Bond or 1999 Bonds at the office
of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's
Finance Department) for notation thereon of the amount of principal then paid or for issuance of
a replacement 1999 Bond in the principal amount not redeemed. Partial prepayments shall be
credited against future annual sinking fund amounts as so designated by the City in wdting to
the Bondholders. Notwithstanding the provisions of clause (ii) above, if all of the 1999 Bonds
are registered in the name of the Bank, a partial prepayment may be effected by payment to the
Bank of the principal, together with unpaid interest accrued thereon, without surrender of the
1999 Bonds. If, on the prepayment date, funds for the payment of the principal amount to be
prepaid, together with unpaid interest accrued thereon, shall not have been provided to the
Paying Agent, as above provided, the principal amount of the 1999 Bonds shall continue to be
outstanding and to bear interest until payment thereof at the Interest Rate.
In connection with any prepayment while the 1999 Bonds are owned by the Bank, the
City shall give the Bank not more than ten, and not less than five, Business Days' written notice
of any proposed prepayment specifying the prepayment date, the principal amount of the 1999
Bonds to be so prepaid, the installments of principal against which the prepayments shall be
credited and the person or persons authorized to notify the Bank of acceptance of the terms of
prepayment referred to in the next succeeding sentence. The Bank shall provide oral notice to
a person so specified by the City on the second Business Day pdor to the proposed
prepayment date of the amount, if any, of the prepayment premium which shall be paid in
connection with such proposed prepayment, and if such person so elects, such election of
prepayment given by the City shall be irrevocable and the aggregate principal amount of the
1999 Bonds so specified in such notice, together with such accrued interest and any such
additional sum payable pursuant to the premium provisions below shall become due and
payable on the specified prepayment date. The Bank may, but shall not be obligated to,
provide written confirmation of receipt of such election to the City, but any failure of the Bank to
provide such confirmation shall not affect the obligation of the City to make such prepayment on
the agreed terms.
While the 1999 Bonds are owned by the Bank, in the event that the City shall make any
optional prepayment as described above, then the City will pay to the Bank, if a positive
number, a prepayment premium equal to the amount determined by the Bank to be the amount
equal to (X) the present value as of the prepayment date of the payments of principal and
interest that would have been received with respect to the portion of the 1999 Bonds being
prepaid using a discount rate as of the prepayment date minus (Y) the present value as of the
prepayment date of the payments of principal and interest that would have been received with
respect to the portion of the 1999 Bonds being prepaid using a discount rate as of the date of
original issuance of the 1999 Bonds, with such discount rate in each case being the fixed rate
based on quotations obtained by the Bank in its discretion from one or more dealers or other
counterparties in the interest rate swap market for an interest rate swap (I) with payment dates
coincident (or approximately so) with the Payment Dates hereunder after the date of such
occurrence, (ii) with a notional amount equal to the principal amount of the 1999 Bonds
scheduled to be outstanding after such date (taking into account the amortization hereof), and
(iii) pursuant to which such dealer or other counterparty is the fixed rate payor and the Bank is
the floating rate payor at the 30-day London Interbank Offered Rate.
WPI¥$ANFORDS/245887/59qTO4!'DOC/12/141ttg/16787'OlO000 7
Resolution No. 77-99
The City understands that the Bank may enter into an interest rate swap agreement in
order to preserve the yield anticipated to be earned by the Bank in connection with the 1999
Bonds, although it shall not have any obligation to do so and the obligations of the parties to
pay the amounts required under the preceding paragraph shall not be affected thereby. The
parties agree that the amount payable under the preceding paragraph is a reasonable pre-
estimate of loss and not a penalty. Such amounts are payable for the loss of bargain and
payment of such amounts shall not in any way reduce, affect or impair any other obligations of
the City under the 1999 Bonds or this Resolution.
SECTION 2.3 EXECUTION OF THE 1999 BONDS. The 1999 Bonds shall be
executed in the name of the City by the signature of the Mayor or Vice Mayor of the City and its
official seal shall be affixed thereto or imprinted or reproduced thereon and attested by the City
Clerk. The signatures of the Mayor or Vice Mayor of the City and City Clerk on the 1999 Bonds
may be manual or facsimile signatures. In case any one or more of the officers who shall have
signed or sealed the 1999 Bonds shall cease to be such officer of the City before the 1999
Bonds so signed and sealed shall have been actually sold and delivered, such 1999 Bonds may
nevertheless be sold and delivered as herein provided and may be issued as if the person who
signed or sealed such 1999 Bonds had not ceased to hold such office. The 1999 Bonds may
be signed and sealed on behalf of the City by such person who at the actual time of the
execution of the 1999 Bonds shall hold the proper office, although at the date the 1999 Bonds
shall be actually delivered such person may not have held such office or may not have been so
authorized.
The 1999 Bonds shall bear thereon a certificate of authentication, in the form set forth
on Exhibit B attached hereto, executed manually by the Registrar (when the City's Finance
Department shall act as Registrar, the certificate of authentication shall be manually executed
by the City's Finance Director). Only the 1999 Bonds as shall bear thereon such certificate of
authentication shall be entitled to any right or benefit under this Resolution and no 1999 Bonds
shall be valid or obligatory for any purpose until such certificate of authentication shall have
been duly executed by the Registrar. The certificate of authentication of the Registrar upon the
1999 Bonds executed on behalf of the City shall be conclusive evidence that the 1999 Bonds so
authenticated have been duly authenticated and delivered under this Resolution and that the
Owner thereof is entitled to the benefits of this Resolution.
SECTION2.4 NEGOTIABILITY. REGISTRATION AND CANCELLATION. The
Registrar shall keep books for the registration of the 1999 Bonds and for the registration of
transfers of the 1999 Bonds. The 1999 Bonds shall be transferable at the option of the
registered Owner thereof to an institutional holder, but subject to the prior written approval of
the City's Director of Finance (which shall not be unreasonably withheld if the intended
transferee provides a suitability letter addressed to the City as to the sophistication of the
investor) unless such institutional holder is a bank or trust company, or unless such institutional
holder, which is not a bank or trust company, certifies in writing to the City prior to the transfer
that it is an accredited investor within the meaning of Rule 501 of the Securities Act of 1933, as
amended and supplemented, in which case such approval shall not be required, and upon
surrender thereof at the office of the Registrar (the designated corporate trust office of the
Registrar if the City's Finance Department is not the Registrar) with a written instrument of
transfer satisfactory to the Registrar duly executed by the registered Owner or his duly
authorized attorney. Upon the transfer of such 1999 Bond, the City shall issue in the name of
the transferee a new 1999 Bond.
WPBISANFORDS/245887159ci704!.DOCII2/14199116787.010000 8
Resolution No. 77-99
The City, the Paying Agent and the Registrar shall deem and treat the person in whose
name the 1999 Bonds shall be registered upon the books kept by the Registrar as the absolute
Owner of such 1999 Bonds, whether such 1999 Bonds shall be overdue or not, for the purpose
of receiving payment of, or on account of, the principal of and interest on such 1999 Bonds as
the same become due and for all other purposes. All such payments so made to any such
Owner or upon his/her order shall be valid and effectual to satisfy and discharge the liability
upon such 1999 Bonds to the extent of the sum or sums so paid, and neither the City, the
Paying Agent nor the Registrar shall be affected by any notice to the contrary.
In all cases in which the privilege of transferring the 1999 Bonds is exercised, the City
shall execute and the Registrar shall authenticate and deliver the 1999 Bonds in accordance
with the provisions of this Resolution. The 1999 Bonds surrendered in any such transfers shall
forthwith be delivered to the Registrar and canceled by the Registrar in the manner provided in
this Section. The City or the Registrar (if not the City's Finance Department) may require the
payment of a sum sufficient to pay any tax, fee or other governmental charges required to be
paid with respect'to such transfer.
The 1999 Bonds paid or redeemed, in whole, either at or before maturity, shall be
delivered to the Registrar when the payment or redemption is made, and such 1999 Bonds
shall thereupon be promptly canceled. The 1999 Bonds so canceled may at any time be
destroyed by the Registrar, who shall execute a certificate of destruction in duplicate by the
signature of one of its authorized officers describing the 1999 Bonds, and one executed
certificate shall be filed with the City and the other executed certificate shall be retained by the
Registrar (if not the City's Finance Department).
SECTION 2.5 MUTILATED. DESTROYED. STOLEN OR LOST 1999 Bonds. In
case any 1999 Bond shall become mutilated, destroyed, stolen or lost, the City shall execute
and the Registrar shall authenticate and deliver a new 1999 Bond of like date, maturity and
denomination as the 1999 Bond so mutilated, destroyed, stolen or lost; provided that, in the
case of any mutilated 1999 Bond, such mutilated 1999 Bond shall first be surrendered to the
City and, in the case of any lost, stolen or destroyed 1999 Bond, there shall first be furnished to
the City and the Registrar (if not the City's Finance Department) evidence of such loss, theft, or
destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to
them. In the event the 1999 Bonds shall be about to mature or have matured, instead of
issuing a duplicate 1999 Bond, the City may pay the same without surrender thereof. The City
and the Registrar (if not the City's Finance Department) may charge the Owner of such 1999
Bond their reasonable fees and expenses in connection with this transaction. Any 1999 Bonds
surrendered for replacement shall be canceled in the same manner as provided in Section 2.4
hereof.
Any such duplicate 1999 Bond issued pursuant to this Section shall constitute additional
contractual obligations on the part of the City, whether or not the lost, stolen or destroyed 1999
Bond be at any time found by anyone, and such duplicate 1999 Bonds shall be entitled to equal
proportionate benefits and rights as to lien on the source and security for payment from
Pledged Revenues with the 1999 Bond issued hereunder.
SECTION 2.6 CONDITIONS FOR ISSUANCE OF THE 1999 BOND~. Prior to the
issuance of the 1999 Bonds, the City shall comply with the following conditions:
WPB/$ANFORDS1245887 /§gc~?O4!.DOC/J2/14J99/16787.010000 9
Resolution No. 77-99
(a) Deliver to the Bank a fully executed Tax Certificate; and
(b) Deliver to the Bank a copy of a completed and executed Form 8038-G to be filed
by the City with the Internal Revenue Service; and
(c) Deliver to the Bank an opinion of Bond Counsel, satisfactory to the Bank,
regarding the due authorization, execution, delivery, validity and enforceability of the 1999
Bonds and the due adoption of this Resolution (enforceability of such instruments may be
subject to standard bankruptcy exceptions and the like) and the exclusion of interest on the
1999 Bonds from gross income for federal income tax purposes, that the 1999 Bonds are not
specified "private activity bonds" within the meaning of Section 57(a)(5) of the Code and,
therefore, the interest on the 1999 Bonds will not be treated as a preference item for purposes
of computing the alternative minimum tax imposed by Section 55 of the Code (however, a
portion of the interest on the 1999 Bonds owned by corporations may be subject to the federal
alternative minimum tax which is based in part on adjusted current earnings). Such opinion
shall also state that the 1999 Bonds are "qualified tax-exempt obligations" within the meaning of
Section 265(b) of the Code; and
(d) Deliver to the Bank an opinion of the City Attorney, satisfactory to the Bank,
regarding the due authorization, execution, delivery, validity and enforceability of the 1999
Bonds, the Agreement and the due adoption of this Resolution and the Bond Resolution
(enforceability may be subject to standard bankruptcy exceptions and the like); and
(e) Deliver to the Bank one or more certificates of the City in form satisfactory to the
Bank certifying, among other things, that the City is in compliance with the term of the Bond
Resolution.
To the extent that the City does not issue all of the $4,000,000.00 in principal amount of
1999 Bonds at the time of initial issuance, the City shall provide written notice to the Bank
(signed by the City Manager, Finance Director or Treasurer of the City) of the City's intention to
draw additional amounts under the Agreement at least two (2) Business Days prior to the date
the City intends to receive the funds. Such notice shall confirm that the City is in compliance
with terms and provisions of this Resolution and the Bond Resolution. Such additional amounts
drawn under the Agreement shall constitute additional principal amount of 1999 Bonds without
any further action required.
SECTION 2.7 INCORPORATION OF TERMS OF BOND RESOLUTION;
~ Unless otherwise provided in this Resolution, the terms and provisions of the
Bond Resolution applicable to the 1999 Bonds are incorporated herein by reference and such
terms shall have the same effect as if expressly stated herein. Notwithstanding the foregoing,
the Bank hereby consents to the issuance of one or more additional series of Bonds by the City
in an initial principal amount of not exceeding $11,000,000.00 (amortized over a period of not
less than ten (10) years) without the necessity for the City to comply with Section 4.E of Article
III of the Bond Resolution.
WPB /SA NFORDS /2 45887 / 59qTO41.DOC /12/14199 /16 787.01(~O0 lO
Resolution No. 77-99
ARTICLE III
COVENANTS, FUNDS AND APPLICATION THEREOF
SECTION 3.1 1999 BONDS NOT TO BE INDEBTEDNESS OF THE CITY. The
1999 Bonds shall not be or constitute an indebtedness of the City within the meaning of any
constitutional, statutory or other limitation of indebtedness, but shall be secured solely by the
Pledged Revenues and payable from Non-Ad Valorem Revenues including the Pledged
Revenues. No Bondholder shall ever have the right to compel the exercise of the ad valorem
taxing power of the City, or taxation in any form of any real property therein, to pay said 1999
Bonds or the interest thereon. The pledge of the Pledged Revenues will not constitute a lien
upon any property of the City including any Non-Ad Valorem Revenues which have not been
deposited into the Debt Service Fund.
SECTION 3.2 3~.J~_OJ~ID~. The lien of the 1999 Bonds on the Pledged Revenues
shall be on parity with any of the Bonds issued pursuant to the requirements of the Bond
Resolution except as such requirements have been made not applicable by the last sentence of
Section 2.7 hereof.
SECTION 3.3 1999 BONDS SECURED BY PLEDGE OF PLEDGED REVENUES.
From and after the issuance of any of the 1999 Bonds, and continuing until the payment of all
1999 Bonds as to principal and interest, the Pledged Revenues shall continue to be pledged for
the prompt payment of principal of and interest on said 1999 Bonds.
SECTION 3.4 COVENANTS OF THE CITY. As long as any of the principal of or
interest on any of the 1999 Bonds shall be outstanding and unpaid, or until there shall have
been set apart in the Debt Service Fund in accordance with Section 4.H of Article III of the Bond
Resolution a sum sufficient to pay, when due, the entire principal of the 1999 Bonds remaining
unpaid, together with interest accrued and to accrue thereon, the City covenants with the
Bondholders as follows:
(a) Tax Covenants Relating to the Internal Revenue Code of 1986, as amended.
(1) In order to maintain the exclusion from gross income for purposes of
federal income taxation of interest on the 1999 Bonds, the City covenants to comply with each
requirement of the Code. In furtherance of the covenant contained in the preceding sentence,
the City agrees to continually comply with the provisions of the Tax Certificate, as such
certificate may be amended from time to time, as a source of guidance for achieving
compliance with the Code.
(2) The City covenants and agrees with the Bondholders that the City shall
not take any action or omit to take any action, which action or omission, if reasonably expected
on the date of initial issuance and delivery of the 1999 Bonds, would cause any of the 1999
Bonds to be "private activity bonds" or "arbitrage bonds" within the meaning of Sections 141(a)
and 148(a), respectively, of the Code.
(3) The City shall make any and all payments required to be made to the
United States Department of the Treasury in connection with the 1999 Bonds pursuant to
Section 148(f) of the Code.
WPBISANFORDS/24.5887/59QTO4!.DOCI12/14199/16787.010000 11
Resolution No. 77-99
(4) Notwithstanding any other provision of this Resolution to the contrary, so
long as necessary in order to maintain the exclusion from gross income for purposes of federal
income taxation of interest on the 1999 Bonds, the covenants contained in this Section shall
survive the payment of the 1999 Bonds and the interest thereon, including any payment or
discharge thereof pursuant to Section 4.H of the Bond Resolution.
(b) Debt Service Fund. The Debt Service Fund created and established under the
Bond Resolution shall constitute a trust fund for the benefit of the Bondholder and shall be held
by the City and shall be kept separate and distinct from all other funds of the City, and shall be
used only for the purpose and in the manner provided in this Resolution. Notwithstanding the
provisions of the next preceding sentence, the City may deposit the Pledged Revenues in a
single bank account for the City, provided that adequate accounting procedures are maintained
to reflect and control the restricted allocations of the funds on deposit therein for the various
purposes of such funds. The designation and establishment of the Debt Service Fund in and by
the Bond Resolution shall not be construed to require the establishment of any completely
independent self-balancing fund, as such term is commonly defined and used in governmental
accounting, but ~ather is intended solely to constitute an allocation of certain revenues of the
City for certain purposes and to establish certain priorities for application of such revenues as
provided herein.
Any excess amounts remaining in the Debt Service Fund after payment has been made
on the 1999 Bonds on any Payment Date, may be withdrawn and deposited at the direction of
the City to be used for any lawful municipal purpose.
Moneys on deposit in the Debt Service Fund may be invested in Permitted Investments
as authorized pursuant to the Bond Resolution, provided such investments mature not later
than the next succeeding Payment Date. Subject to the terms and provisions of the Code, all
income and earnings received from the investment and reinvestment of the moneys on deposit
in the Debt Service Fund shall remain on deposit in the Debt Service Fund and be used in the
same manner as other moneys on deposit therein.
(c) Non-Ad Valorem Revenues. The City will not repeal, amend or modify any
resolution or ordinance or take any action within its power to take relating to the imposition and
collection of Non-Ad Valorem Revenues in any manner so as to impair or adversely affect in
any manner the availability of such Non- Ad Valorem Revenues to pay debt service on the 1999
Bonds as provided herein.
(d) Budget and Other Financial Information. The City shall demonstrate in each
annual budget that there are sufficient Non-Ad Valorem Revenues to pay the principal of and
interest on the 1999 Bonds coming due in such Fiscal Year and to meet the City's other
obligations hereunder and under the Bond Resolution. The City shall, upon the request of the
Bank, provide the Bank with a copy of its annual budget within thirty (30) days of adoption, a
copy of its Comprehensive Annual Financial Report, when available and, upon the request of
the Bank, such other financial information regarding the City as the Bank may reasonably
request.
(e) The City shall comply with the terms of the Bond Resolution.
WPB/SANFORDS/245887/59q7041.DOC/12/14/99/16787.010000 12
Resolution No. 77-99
SECTION 3.5 REMEDIES OF BONDHOLDER. Subject to the provisions of Section
4 of the Agreement and the equal rights of any registered owner of Bonds issued pursuant to
the provisions of the Bond Resolution, should the City default in any obligation created by this
Resolution, the Bondholders may, in addition to any remedy set forth in this Resolution, either
at law or in equity, by suit, action, mandamus or other proceeding in any court of competent
jurisdiction, protect and enforce any and all fights under the laws of the State of Florida, or
granted and contained in this Resolution, and may enforce and compel the performance of all
duties required by this Resolution, or by any applicable statutes to be performed by the City or
by any officer thereof. The City hereby agrees with the Bondholders that the filing of any
bankruptcy or insolvency under any federal or state law by or against the City which is not
dismissed with prejudice within thirty (30) days of such filing shall give the Bondholders the right
to exercise any of the remedies provided to them under this Section 3.5, and Section 4.G of
Article III of the Bond Resolution. Notwithstanding anything in this Section 3.5 to the contrary
the Bondholders' right to exercise any remedy permitted hereunder shall be consistent with the
rights afforded all registered owners of Bonds issued pursuant to the provisions of the Bond
Resolution.
SECTION 3.6 APPLICATION OF 1999 BONDS PROCEEDS. The proceeds of the
1999 Bonds shall be used to finance the costs of the 1999 Project. The City may replace all or
a portion of the 1999 Project for any other capital project permitted under the Act; provided that
Bond Counsel shall first deliver to the City and the Bank an opinion to the effect that such
substitution will not adversely affect the exclusion of interest on the 1999 Bonds from gross
income for federal income tax purposes and the Bank consents to such substitution.
ARTICLE IV
MISCELLANEOUS PROVISIONS
SECTION 4.1 MODIFICATION OR AMENDMENT. No modification or amendment
of this Resolution or of any resolution amendatory thereof or supplemental thereto, may be
made without the consent in wdting of all of the Bondholders.
SECTION 4.2 ADDITIONAL AUTHORIZATION. The Mayor, the Vice-Mayor, the
City Manager, the Finance Director, the Treasurer and any other proper official of the City, be
and each of them is hereby authorized and directed to execute and deliver any and all
documents and instruments and to do and cause to be done any and all acts and things
necessary or proper for carrying out the transactions contemplated by this Resolution.
SECTION 4.3 SEVERABILITY OF INVALID PROVISIONS. If any one or more of
the covenants, agreements or provisions of this Resolution should be held contrary to any
express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then
such covenants, agreements or provisions shall be null and void and shall be deemed separate
from the remaining covenants, agreements or provisions, and shall in no way affect the validity
of any of the other provisions of this Resolution or of the 1999 Bonds issued hereunder.
SECTION 4.4 l~. All resolutions and orders, or parts thereof, in conflict
herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall take
effect upon its passage in the manner provided by law. In the event of a conflict between the
WPB/SANFORDS/245887 /59ci7D41.DOC/12/14/99 /16787.010000 13
Resolution No. 77-99
provisions of this Resolution and the Bond Resolution, the provisions of this Resolution shall
control.
SECTION 4.5 EFFECTIVE DATE. This Resolution shall be effective immediately
upon its adoption.
PASSED AND ADOPTED IN regular session on this 14"~ day of December, 1999.
THE CITY OF DELRAY BEACH, FLORIDA
A'I-I'EST: ~,/~
By:
City clerk/J /
The foregoing resolution and the form of
1999 Bond therein contained are hereby
approved by me as to form, language and
exec~o~is 14~h day of DecemberL.1999.
City Attorney ~
WPB/SANFORDS/245887/59q704!.DOC/12/I 4/99/I 6787.010(300 14
Resolution No. 77-99
EXHIBIT A
LINE OF CREDIT AGREEMENT
Dated as of December 1, 1999
WHEREAS, SunTrust, South Florida, N.A. (the "Bank"), has offered to make a closed-
end line of credit (the "Line of Credit') available to the City of Delray Beach, Florida (the "City"),
in the principal amount of not exceeding $4,000,000.00 under which the City may, from time to
time, make drawings; and
WHEREAS, the City of Commission of the City of Delray Beach, Florida on December
14, 1999, adopted Resolution No. 76-99 and 77-99 (collectively, the "1999 Bond Resolution")
authorizing the issuance of not exceeding in aggregate principal amount of City of Delray
Beach, Florida Revenue Bonds, Series 1999 (the "1999 Bonds") which 1999 Bonds shall
represent the City's obligation to reimburse the Bank for drawings made under the Line of
Credit; and
WHEREAS, the City and the Bank find it necessary to enter into this Agreement, to
acknowledge the terms and provisions of the 1999 Bond Resolution adopted by the City and
the extension of the Line of Credit by the Bank.
NOW THEREFORE, the City and the Bank hereby agree as follows:
1. That the Bank shall make immediately available to the City, pursuant to the
terms and provisions of the 1999 Bond Resolution, the Line of Credit in an aggregate principal
amount of not exceeding $4,000,000.00, which shall be available to the City in one drawing
prior to January 1, 2000.
2. That the Line of Credit shall expire on January 31, 2000. The outstanding
principal amount of the drawing with interest thereon, shall become due and payable in
accordance with the terms and provisions of the 1999 Bond Resolution.
3. That the Bank hereby accepts the terms and conditions set forth in the 1999
Bond Resolution applicable to the Line of Credit.
4. The City and the Bank, for mutual consideration, each acknowledged to be
received by the other party hereto, mutually and willingly waive the right to a thai by a jury in
connection with any and all claims by any party hereto against the other arising from or in
connection with the transactions contemplated by this Agreement or the 1999 Bond Resolution.
WPB/$ANFORD$/245887/59QTO4!.DOC/12/14/99/16787.0100(X) A-1 Resolution No. 77-99
5. The Bank represents to the City that it is not purchasing the 1999 Bonds with a
view to distributing the 1999 Bonds; provided, however, that the Bank, in its sole discretion,
shall be permitted to assign or participate all or a portion of the 1999 Bonds to any other
financial institution or accredited investor (subject to the requirements of Section 2.4 of
Resolution No. 77-99).
SUNTRUST BANK, SOUTH FLORIDA, N.A.
By:.
Title:.
Date: December ,1999
(SEAL)
CITY OF DELRAY BEACH, FLORIDA
By:
Title:.
Dated: December ,1999
Attest
City Clerk
WPB/SANFORD$/24.5887/$9clTO4!.DOCI12/14/99/16787.010000 A-2 Resolution No. 77-99
EXHIBIT B
FORM OF 1999 BOND
No. R; $
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF DELRAY BEACH, FLORIDA
REVENUE BOND, SERIES 1999
Interest Rate Maturity_ Date ~
% June 1, 2015 December ,1999
REGISTERED OWNER: ....................... [NAME OF BANK]
PRINCIPAL AMOUNT: ........ FOUR MILLION DOLLARS ($4,000,000).
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach (the 'City") in
Palm Beach County, Florida, for value received, hereby promises to pay from the sources
herein mentioned, to the Registered Owner specified above or registered assigns on the
Maturity Date specified above or earlier upon mandatory prepayment as provided below, upon
the presentation and surrender hereof at the City's Finance Department or (if so determined by
the City) the designated trust office of the bank or trust company appointed by the City to act as
paying agent (said City's Finance Department or such bank or trust company and any bank or
trust company becoming successor paying agent being herein called the 'Paying Agent"), the
Principal Amount stated above with interest thereon at the Interest Rate specified above in the
manner provided in the Bond Resolution) calculated on the basis of a 360-day year of twelve
(12) thirty-day months, on each Payment Date in the manner specified in the within described
Resolution to the registered owner. The Principal Amount and accrued interest thereon is
payable in any coin or currency of the United States of America, which, on the date of payment
thereof, shall be legal tender for the payment of public and private debts.
This Bond is authorized to be issued in a principal amount of $4,000,000.00 under the
authority of and in full compliance with the Constitution and statutes of the State of Florida,
including, particularly, Chapter 166, Florida Statutes, as amended and supplemented, the
Charter of the City of Delray Beach, Florida, as amended and supplemented, and other
applicable provisions of law (the 'Act"), and Resolution Nos. 76-99 and 77-99, both duly
adopted on December 14, 1999 (collectively, the 'Bond Resolution"), as such resolutions may
be further amended and supplemented from time to time, and is subject to all terms and
conditions of said resolution. Any term used in this Bond and not otherwise defined, shall have
the meaning ascribed to such term in the Bond Resolution.
WPB/$ANFORDSI245887/59clTO4!.DOClI2/14/99/16787.010000 B-1 Resolution No. 77-99
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen, and to be performed, precedent to and in the issuance of this Bond exist, have
happened and have been performed in regular and due form and time as required by the Laws
and Constitution of the State of Florida and the Charter of the City applicable thereto, and that
the issuance of this Bond, is in full compliance with all constitutional or statutory limitations or
provisions.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Resolution until the certificate of authentication hereon shall
have been signed by an authorized officer of the Registrar.
This Bond shall bear interest at the Interest Rate stated above.
Interest shall be payable on June 1, 2000, and each December 1 and June 1 thereafter
and principal on the Bonds shall be payable each June 1 commencing June 1, 2000 in the
amounts set forth below as such amounts may be adjusted as provided in the Bond Resolution
until the outstanding principal of the Bonds have been paid; provided that if such date is not a
Business Day, the payment shall be made on the next succeeding Business Day (each a
"Payment Date"). The principal of and interest on the Bonds shall be secured solely by the
Pledged Revenues (as defined in the Bond Resolution), and payable from the Non-Ad Valorem
Revenues (as such term is defined in the Bond Resolution) including the Pledged Revenues, all
in the manner provided in the Bond Resolution.
Date Amount
June 1, 2000 $ 180,000
June 1, 2001 175,000
June 1, 2002 185,000
June 1, 2003 190,000
June 1, 2004 200,000
June 1, 2005 210,000
June 1, 2006 220,000
June 1, 2007 240,000
June 1, 2008 250,000
June I 2009 265,000
June 1 2010 275,000
June 1 2011 290,000
June 1 2012 305,000
June 1 2013 320,000
June I 2014 340,000
June 1, 2015 (Maturity Date) 355.000
TOTAL S4.000.000
Subject to the terms and provisions of the Section 2.2 of Resolution No. 77-99 of the
City, if this Bond is owned by the Bank, the City may prepay this Bond in whole or in part, at any
time or from time to time, without penalty or premium, by paying to the registered holder all or
WPB/SANFORDS/24,5887/59qTO41.DOCI12114/99116787.010000 B-2 Resolution No. 77-99
part of the principal amount of this Bond, together with the unpaid interest accrued on the
amount of principal so prepaid to the date of such prepayment. Each prepayment shall be
made on such date and in such principal amount as shall be specified by the City in a wdtten
notice delivered to the registered owner not less than two (2) Business Days prior thereto.
Notice having been given as aforesaid, the principal amount stated in such notice or the whole
thereof, as the case may be, shall become due and payable on the prepayment date stated in
such notice; and the amount of principal shall be paid (i) in case the entire unpaid balance of
the principal of this Bond is to be paid, upon presentation and surrender of the Bond to the
office of the Paying Agent (designated corporate trust office, if the Paying Agent is not the City's
Finance Department), and (ii) in case only part of the unpaid balance of principal of this Bond is
to be paid, upon presentation of such Bond at the office of the Paying Agent (designated
corporate trust office, if the Paying Agent is not the City's Finance Department) for notation
thereon of the amount of principal then paid or for issuance of a replacement Bond in the
principal amount not redeemed. Partial prepayments shall be credited against future annual
sinking fund amounts as so designated by the City in wdting to the owner of this Bond.
Notwithstanding the provisions of clause (ii) above, if all of the Bonds are registered in the
name of the BaRk, a partial prepayment may be effected by payment to the Bank of the
principal amount to be redeemed without surrender of this Bond. If, on the prepayment date,
funds for the payment of the principal amount to be prepaid, together with unpaid interest
accrued thereon, shall not have been provided to the Paying Agent, as above provided, the
principal amount of this Bond shall continue to be outstanding and to bear interest until payment
thereof at the Interest Rate provided for herein.
This Bond shall not be and shall not constitute an indebtedness of the City within the
meaning of any constitutional, statutory, charter or other limitations of indebtedness but shall be
secured solely by the Pledged Revenues and payable from the Non-Ad Valorem Revenues
which includes the Pledged Revenues. No Holder of this Bond shall ever have the right to
compel the exercise of ad valorem taxing power of the City, or taxation in any form of any real
property therein to pay the Bond or the interest thereon. No holder shall have a lien on any
Non-Ad Valorem Revenues until deposited into the Debt Service Fund created and established
under the Bond Resolution.
The terms and provisions of the Bond Resolution are incorporated in this Bond as
though such terms and provisions have been set out in full herein.
IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this Bond to be
signed by its Mayor, either manually or with his facsimile signature, and the seal of the City
Commission of the City of Delray Beach, Florida, to be affixed hereto or imprinted or
reproduced hereon, and attested by the Clerk of the City, either manually or with her facsimile
signature, and this Bond to be dated the Dated Date set forth above.
(SEAL) CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
Mayor
By:.
Clerk of the City of Delray Beach, Florida
WPBISANFORDS/245887/59clTO4LDOC/12/14J99116787.010000 B-3 Resolution No. 77-99
FORM OF CERTIFICATE OF AUTHENTICATION
Date of Authentication: December ,1999
This Bond is the Bond delivered pursuant to the within mentioned Resolution.
CITY OF DELRAY BEACH
Finance Department, as Registrar
By:,
Authorized Officer
WPB/$ANFORD$1245887/59q?O4!.DOCI12/14,199/16787.010000 B-4 Resolution No. 77-99
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto
(please print or typewrite name, address and tax identification number of assignee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
, Attorney to transfer the within Bond on the books
kept for registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed: In the presence of:
NOTICE: The signature to this assignment must
correspond with the name as written upon the face
of the within Bond in every particular, without
alteration or enlargement, or any change whatever.
WPB/SANFORDS1245887/59q704!.DOCI12/14199116787.010000 B-5 Resolution No. 77-99
EXHIBIT C
1999 Project
(1) 800 MHz digital radio system consisting of a backbone system as well as subscriber
units. The backbone radio system contains the 800 MHz infrastructure, console control
electronics, dispatch consoles and related furniture. The subscriber units include portables,
mobiles, control stations, consoles and console electronics.
(2) Engineering, design, labor, contingency and costs of issuing 1999 Bonds.
WPBISANFORD$/245887159clTO4!.DOCI12/14/99116787.010000 C'1 Resolution No. 77-99
[ITY OF DELRI:IY BEI:I[H
CiTY ATTORNEY'S OFFICE
TELEPHONE 56t/243-7090. FACSIMILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
Ali.America City_
DATE: December 8, 1999
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Haynes v. City of Delray Beach, et al.
This is an old case that due to some extraneous circumstances, was not totally resolved
despite the City's approval of a settlement in the case. The case involves a lawsuit filed
based on an arrest for resisting with violence that stemmed from a violation of a City
ordinance dealing with the burning of trash.
The City Commission approved as settlement in this case in the amount of $75,000.00 in
1995. The original attorney for the Haynes was to secure releases from the Haynes, but
the releases were not obtained.
The City filed a Motion to Compel Settlement in October 1995 and again in 1997. The
Haynes, however, still did not execute the releases. The Haynes original attorney
apparently had some medical problems, discontinued the practice of law, and his
whereabouts were for a long time unknown. The Haynes were then unrepresented for a
period of time. At this time there is another attorney representing the Haynes. This
attorney filed a Motion for Relief from Settlement which was denied by the court on
November 10, 1999.
The current attorney for the Haynes has now presented a settlement offer of $95,000.00
to settle this matter in lieu of filing an appeal.
The City still retains the $75,000.00; however, an order is pending that once entered
would permit the City to deposit that $75,000.00 in the Court Registry.
The Court's rulings have confirmed the settlement as originally approved by the City
Commission. The chances of a successful appeal are unlikely, especially since the
Memo to City Commission
December 8, 1999
Page 2
original orders confirming settlement were never appealed timely. Our office would
therefore recommend a denial of the $95,000.00 offer of settlement at this time.
By copy of this memo to David Harden, our office requests that this settlement matter be
placed on the City Commission's December 14, 1999 agenda.
cc: David Harden, City Manager
Alison Harty, City Clerk