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01-21-97 Regular ~ll.~medca C~ COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of-a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours"prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as folloWs: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations). 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 6f the Commission members present. Regular Commission Meeting _ January 21, 1997 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence' upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of January 7, 1997 Special Meeting of January 14, 1997 6. Proclamations: A. National Kindness Week - February 9-15, 1997 7. Presentations: 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/VIAMARINA: Approve the final plat for Via Marina, a proposed 8 unit townhouse development to be located on the west side of Venetian Drive, between Bay Street and Nassau Street. B. RESOLUTION NO. 7-97 (BEACH NOURISHMENT FUNDING): Adopt a resolution in support of State House Bill 103 relative to beach nourishment funding. C. EASEMENT AGREEMENT/U.S.. ARMY CORPS OF ENGINEERS: Approve an easement agreement with the U.S. Army Corps of Engineers for an 8" gravity sewer line on the west side of the Intracoastal Waterway between N.E. 1st Street and 1st Court. D. RESOLUTION NO. 2-97: Adopt a resolution assessing costs for abatement action required to board up an unsafe building at 219 Palm Trail. E. RESOLUTION NO. 3-97: Adopt a resolution assessing costs for abatement action required to demolish an unsafe building at 1026 S.W. 7th Avenue. -2- Regular COmmission Meeting _ January 2~, 1997 F. 1 RESOLUTION NO. 4-97: Adopt a resolution assessing costs for ! abatement action required to remove nuisances on 24 properties throughout the City. G. RESOLUTION NO. 5-97: Adopt a resolution assessing costs for abatement action required to remove junked vehicles from six properties located within the City. C~IANGE ORDER NO. 2 TO MURRAY LOGAN CONSTRUCTION, INC. & AWARD OF BID TO DATA FLOW SYSTEMS, INC.: Approve Deduct Change Order No. 2 in the amount of $52,553.47 to Murray Logan Construction, Inc. for deleting the telemetry system from the Barrier Island Pump Stations project, and award the system to Data Flow Sys- tems, Inc. for $36,480, with funding from 448-5411-538-62.35. I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period January 6 thrOugh January 17, 1997. J. AWARD OF BIDS AND CONTRACTS: 1. Purchase of a John Deere Model 690 LC Excavator from Neff Machinery in the amount of $131,853.74, through a lease purchase agreement with SunTrust, low bidder, at 5.0767% for 36 months for a total of $142,427.52, with funding from 441-5145-536-64.25. 2. Grant awards through the SHIP and HOME programs for the rehabilitation of two single family housing units, to be awarded to Henry Haywood as follows: $14,432.25 for 128 N.W. 10th Avenue and $17,613.75 for 814 S.W. 4th Avenue, with funding from SHIP Account No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-49.19. 3. Bid Alternate #2 award (Base Bid and Alternate #1 were approved on 1/7/97) in the amount of $29,933 to Regal Contractors, Inc. for irrigation and landscaping improve- ments to the 1-95 overpass at Lake Ida Road, with funding from 334-4144-572-63.31 and 334-3162-541-63.12. 4. Purchase award in the amount of $68,211.52 via Florida State Contract #250-040-96-1 to CIC Systems, Inc. for 35 Toshiba laptop computers to implement Department of Justice Bureau of Justice Assistance Block Grant project #97008 at the Police Department, with funding from 112-2172-521-64.11. 5. Purchase award to H.T.E., sole source vendor, in the amount of $63,000 for laptop computer software to implement the Department of Justice Bureau of Justice Assistance Block Grant project #97008 at the Police Department, with funding from 112-2172-521-64.11. -3- Regular Commission Meeting _ January 21, 1997 9. Regular Agenda: A. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce for special event approval for the Delray Affair to be held April 4-6, 1997. B. SPECIAL EVENT REQUEST/3RD ANNUAL DOWNTOWN ART FESTIVAL: Consider a request from Howard Alan and the Joint Venture for special event approval for the 3rd Annual Downtown Art Festival to be held February 8-9, 1997. " C. INTERLOCAL AGREEMENT WITH COMMUNITY REDEVELOPMENT AGENCY/ISLAM PROPERTY: Consider approval of an interlocal agreement between the City and the CRA related to the CRA's purchase of property at the northeast corner of N.E. 14th Street and Old Dixie Highway (Islam property), and repayment. D. RESOLUTION NO. 8-97/LEASE AGREEMENT WITH FLORIDA EAST COAST RAILWAY COMPANY: Consider approval of a resolution authorizing execution and accepting an agreement with Florida East Coast Railway Company for the lease of six (6) Railway properties for parking, roadway, sidewalk and beautification purposes. E. CHANGE ORDER NO. 3/GOLDEN EAGLE ENGINEERING CONTRACTORS, INC.: Consider Change Order No. 3 in the amount of $131,932.49 and an additional 91 calendar days to the contract with Golden Eagle Engineering Contractors, Inc. for the East Atlantic Avenue Beautification. project, with funding from 442-5178-536-63.90 and 334-3162-541-61.17. F. BID AWARDS FOR AUTOMOTIVE PARTS: Consider approval of bid awards to multiple vendors (low bidders as well as lowest responsive bidders) for automotive parts, at an estimated annual cost of $22,874, with funding from various departmental operating budgets. 10. Public Hearings: A. ORDINANCE NO. 59-96: An ordinance enacting Chapter 135, "Abatement of Nuisances", of the City Code to provide for the establishment of a Nuisance Abatement Board. B. ORDINANCE NO. 3-97: An ordinance amending City Code Chapter 71 Parking Regulations, Section 71.060 Parking Meter Permits, to remove Ingraham Avenue parking lot as a "resident only parking permit" lot, to comply with the interlocal agreement and lease agreement with Palm Beach County for the Sandoway House dated July 25, 1995. C. ORDINANCE NO. 4-97: An ordinance amending City Code Chapter 73 Parking Schedules, Schedule I (A) (2), (B), (D) Two-Hour/Four- Hour Parking Zones; and Schedule II Parking Meter Zones, to change certain off-street parking areas in the downtown area to 2-hour and 8-hour zones year-round versus 4 hours during the -4- Regular Commission Meeting January 21, 1997 -- season only, and to include the Ingraham Avenue lot as a lot in which parking meters are allowed. D. ORDINANCE NO. 1-97: An ordinance rezoning a 2.55 acre parcel of land from GC (General Commercial) District to AC (Automotive Commercial) District for Borton Volkswagen. The subject property is located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue, immediately north of Borton Volvo. QUASI-JUDICIAL HEARINa E. ORDINANCE NO. 2-97: An ordinance rezoning a 0.60 acre parcel of land from AC (Automotive Commercial) District to GC (General Commercial) District for Gold Coast Medical Center. The subject property is located at the northeast corner of S.E. 5th Avenue (southbound Federal Highway) and S.E. 10th Street. QUASI-JUDICIAL HEARINa 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- WHEREAS, random acts of kindness are those sweet or lovely things we do for no reason except that momentarily, the best of our humanity has sprung into full bloom; and WHEREAS, when we step outside the arena of the normal boundaries of our lives then our kindnesses, too, move beyond the routine and enter the realm of the extraordinary and exquisite. Instead of being responsible good deeds they become embodiments of compassion; and WHEREAS, to become the perpetrator of random acts of kindness, then, is to become in some sense an angel; for it means you have moved beyond the limits of your daily human condition to touch wings with the divine; and WHEREAS, people across the country will be joining The Kindness Foundation forces the week of February 9th through February 15, 1997 for National Kindness Week. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby declare February 9th through February 15, 1997 as NATIONAL KINDNESS WEEK in Delray Beach, Florida, and encourage all of our citizens to become the person to give random acts of kindness and share this ideal among the city's many ethnic, cultural, and religious acquaintances and strangers and live with a part of the movement in their hearts every day. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 21st day of January, 1997. MAYOR JAY ALPERIN SEAL MAKE KINDNESS A WAY OF LIFE Be kind, be sweet, and oh, so gentle, This way of life is fundamental. To keep us living in this fashion, Treat all others with great compassion. It must be instinct to be kind, A natural flow from spirit and mind. Don't W°rry about the latest style, You're right up there with just a smile. To add much more, I do confess, You just need give a sweet caress. It's really true that just a touch, Can show your feelings, oh, so much! So when a stranger, you do meet, Be warm, be friendly, oh, so sweet. Show the world we have no dearth, Of all that people should be worth. Like love and peace, and tears and mirth, And what ~od gave us right from birth. As you travel down the road of life, Be you husband, child or wife, Be guided by your spiritual role, Found very deep, in heart and soul. Remember well my one reminder, Live every day a little kinder~ Richard Rosenberg, January 1997 MEMOR~ND~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~/~' - MEETING OF JANUARY 21, 1997 FINAL SUBDIVISION PLAT/VIA MARINA DATE: JANUARY 17, 1997 This is before the Commission to approve the final subdivision plat of Via Marina for 8 fee simple townhouse lots. The plat was approved by the Planning and Zoning Board at its meeting of December 16, 1996. All applicable permits for the project have been obtained. Recommend approval of the final subdivision plat for Via Marina. Agenda Item No. ~ AGENDA REOUEST Date: January 15, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: January 21, 1997 Description of item (who, what, where, how much): Approval of final subdivision plat for Via Marina. All applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YES,RAFT ATTACHED YES~~-~ Recommendation: m n r v f'n 'vi ' for Via Marina. ~j/~/~~J Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO ~" Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DB:mm File: TAC s:tac/viamarna/agndareq.doc TO: David T. Harden City Manager FROM: Dan Beatty, City Engineerd-~ SUBJECT: FINAL SUBDIVISION PLAT VIA MARINA DATE: January 15, 1997 Attached is an agenda request for Commission approval of the final subdivision plat for Via Marina. The subject plat consists of eight fee simple townhouse lots and was previously approved by the Planning and Zoning Board at the December 16, 1996 Planning and Zoning Board meeting. All applicable permits for the project have been obtained. Also attached is a location map and a reduced copy of the plat. If acceptable, please place this item on the January 21, 1997 Commission meeting for Commission approval. DB/mm Att: cc: Claire Lyte-Grahm, Planner file: TAC-Via Marina file: tac/viamarna/agendl 21.doc VETERANS I_.~ ' PARK BARR II t----I~ CAM,NO R~AL /~:/I mRRACE II 12222]~ HOLIDAY INN / / / ~ SAR~ ATLANTIC AVENUE ~ ~l PARK WA ~RWA Y EAST COMMERCIAL ~ CONDO ~UN/C/PAL B~ACH BAR HARBOUR I ~ YA~ T CONDO · - 0 BASIN SANDOWA Y ~ ~ PARK ST, IN~AM ~ O~ ~R. I YACHT - BASIN LAN/KAl VIllAS CONDO LANCER WAY PARK ST. ~ SEAGATE CASUARINA MANOR BUODA RD. MELALEUCA RD. BAR TON APT fl l) N VIA MARINA } ,.~..~..~,,,o. L 0 C A TI 0 N M A P -- D/G/I'AL BASE /dAP SYSTEM -- C.'\ DWG\ DANLOCAEDWG ~ASUARINA ROAD :-. ~SOUTH LINE sBg'51'33"W .3520.41' ~ SEC 16-46-43 LIMIT S89'51 '32"W {150.00' ~ , ~o.oo. lO'X~O' · P (ORB 9506, PG 1127, ~ - ~.c.) I ~ BLOCK 144 ~D BL~K 152 ,A~ ~~, ~ ~.~.~,.~..,,~o.oo. ~ ~ BLOCK 343 AND BLOCK ~51 o 58g'51 '32"W 150.00' ~ ,~J s~',,'~"~ ,~o.oo' , ~ ,',',~,,,'~ ,~.~ ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~hAIAGER~,. SUBJECT: AGENDA ITEM ~ ~- REGULAR MEETING OF JANUARY 21, 1997 RESOLUTION NO. 7-97 (BEACH NOURISHMENT FUNDING) DATE: JANUARY 17, 1997 This is before the Commission to approve a resolution in support of House Bill 103 imposing a surcharge on cruise ship tickets for the purpose of providing a dedicated source of funding to implement a statewide beach management plan. This issue was discussed at the January 14th workshop and approved by consensus. Resolution No. 7-97 formalizes the City Commission's position. Recommend approval of Resolution No. 7-97. ref:aqmemoll RESOLUTION NO. 7-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF HOUSE BILL 103 IMPOSING A SURCHARGE ON CRUISE SHIP TICKETS FOR THE PURPOSE OF PROVIDING A DEDICATED SOURCE OF FUNDING TO IMPLEMENT A STATEWIDE BEACH MANAGEMENT PLAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach is a coastal community located in Palm Beach County on the southeast coast of Florida; and WHEREAS, the health of Florida's beaches is fundamental to the health of the tourism industry which, in turn, is a foundation of the State's economy; and WHEREAS, there has never been a dedicated funding source in the state for beach management and erosion control, resulting in the program being consistently underfunded; and WHEREAS, many of Florida's beaches have become badly eroded through neglect and insufficient funding of the state's beach management program; and WHEREAS, studies show that a major cause of beach erosion in Florida is the presence of deep channels and protective navigation structures at ports and harbors which interrupt the littoral movement of sand that otherwise would naturally renourish the beaches; and WHEREAS, beach erosion has been declared, pursuant to Florida Statutes Section 161.088, to be a serious threat to the economy and general welfare of the state; and WHEREAS, the City Commission of the City of Delray Beach recognizes the need for substantial and dependable funding to manage and protect Florida's stable beaches and to repair and restore those beaches experiencing erosion; and WHEREAS, House Bill 103 will create a funding source in the Ecosystem Management and Restoration Trust Fund for a comprehensive statewide beach management plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELP~AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray fully supports the provisions of House Bill 103 and strongly urges Florida's legislators to act promptly to enact House Bill 103. Section 2. That the City Clerk is hereby directed to fu~ish a copy of this Resolution to our legislative delegation, to the Florida Shore & Beach Prese~ation Association, and to such other persons as may be appropriate. Section 3. That this resolution shall take effect immediately upon passage. PASSED ~ ~OPTED in regular session on this the 21st day of Janua~, 1997. ATTEST: --- ~ityCl~k f - 2 - Res. No. 7-97 HB 103 House of Reprosontat£vo~ - 1997 ~ ~ 2 ~n act relating to tax on 3 transactions; creat~n~ ~ i~pos~ng a =urchargo on the ~lo of core.in 5 cruise ship admission~ & ~ate= of tho surcll~cso; providin~ Trust F~nd and 11 &d,~ini=tration, collection, a~.d enforce.,o.t; 12 providin~ for rules; providi~.B an ozfuc~ivo : 1~ data. %~..,~16; economy, ~enerotin~ moro than 0~0 biliio~ i~ revenue ~nnually~ ~I{ERE&$, durin~ tho decade of the 19~0'~, the .umber of 19 tourists visitin~ Florida ~ain, thereby nesativoly in,pectins the statu'~ economy, and 22 tourist~ [~om beech ro$ort~ in the Ca~-ibboa, and Hexico, and 23 NH£R£A$, Florida*s number elm tourist attraction i~ her 2q b~autiful buachos~ many of ~hich have 2S through neglect and insufficient fundi.9 of the =tatu's beach 26 management program, and 27 NHER£AS, a sound and co.t-efficient ~tratogy to attract , 29 steta'~ recreational bench ~y~tem/ and !30! ~£R£A3, studios sho~ that a ~ajor c~u~o of be~ch ~'"~''511 erosion in Florida is tho pro~onco of deep channels and ~ -~ 'Tloride Heusa of Representatives - 19~? XB ~03 ~ 111-1~1-97 1 The suvchavee shall not be included in th,, c~lculution ~f 3 ~rovidod in s. 212.12 sh~ll not 3p~lv ~o .nv ~mount ~ nnder this ~actio~, S ~action 2. T~o ~opartmo,~ of ~vunuo & ~doPt administrative rules to collect, i~,~,lomurxt. --d enforce ? tho surcharge imnosed ~¥ ~bi! ~cC. & Section 3. This &ct sh~ll take offoc% upon bocomin9 a $ lee. The surcharge imposed by ~hi~ ~c~ ~hall become du~ add 19 collectible beginning July 1, 1997. 11 1~ Imposes a surcharge on tho ~alo of certain cruise ship admissions or tickets ~t tho rate of ~5 for 15 hours or longer snd 61 for lo~s than .24 hours. Exompt~ . "'. 16 the proceeds ~hall bo deposited in tho Ecoaystem ~anagoment and Restoration Truxt Fund .,~d 17 excluiivol¥ to implement a statu~ido bo~ch managumOflt plan. la 19 20 21 22 This publication uas produced at a=~ average cost of 1.12 cant~ per single page in co~pllance ~ith tho Rules and fey tho ~l ~nformation of ~o~ber~ of the Loti~laturo and tho public. 27 ~0 PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: David Harden, City Manager FROM: John Walker, Project Coordinator,~~/~?'~--x~ DATE: Januar~ 3, 1997 SUBJECT: BEACH NOURISHMENT FUNDING Attached is a copy of State House Bill 103 and related information, identifying a dedicated source of funds 'for beach management and erosion control. The Florida Shore & Beach Preservation Association supports the bill and requests the City to lobby for its passage in this Legislative Session. There has never been a firm funding source in the State for beaches, which has resulted in the program being consistently underfunded and required local governments to compete politically for scant funds. This bill levies a surcharge on cruise ship tickets and creates a trust fund for the prOceeds which will be used exclusively for beach management. The surcharge is estimated to ) generate an annual income of $27 milliOn, approximately the amount requested annually from the State by local governments for beach management. A dedicated funding source will relieve local governments and the Legislature from the need to compete for general revenue funds, and allow more systematic planning for beach projects. c: Diane Dominguez $Sadvlbeach\DEPfund2 RECEIVED CITY CLERK -,~ ' -' BkACH , FLORIDA SHORE & lc:~JOho~. Fk:~ 32301 ' PRESERVATION ASSOCIATION CHaRMiN R~e~ ~ ~E C~R~ 5ECRffiAR~- ~n c~ To: FSBPA Board of Directors & BeachWatch Members ~ ~h C~n~ ~EStD~m From: S~ Tait ~on T~ umE~ous Re: Cruise S~p Smch~ge ~ch~d Dov~ U~ersi~ of ~uth F~rida ~o ~olkensteln ~ter~urg ~o~h ~nclos~d is o~ "sell" argument in support of HB i 03 which, we hope, will provide ~eve Higgim ~a c~ dedicated ~d~ fo~ Florida's b~achcs. Koren Morc~ ~m ~ach Coun~ ~]~SC arguments ~e a~ed at persuading legislators. Molco~ McLou~ .. Pod Con~er~ ~ No, to, If you have any suggestions to stren~hen our argument, please give me a call. .. ~o~. Also enclosed is ~e first news sto~ on the bill. . ' Ko~ P~r~ ~ent~ ~liom Stron~ Fl~o Allontic Un~ersi~ . ~ Wolker ~ W~r. P.E. ~ Devereaux ~a DEP E~ ~em ~ Of E~lneers Er~ O~n ~RMAN EMER~US . . ~en Ten'~k , '~ g i997 ~NNING & ZONING ~'~.~ .. -' .",,. '~- ,.'~".,.' a~'.~'~:'".. -,, r'',.',.' ', .... ' ~ ' " CRUISE SHIP SURCHARGE: PRESERVING FLORIDA'S BEACHES HBI03, Representative Dennis Jones " SB WHAT TH~ BILL DOE~ 1. Levies a state surcharge on cruise ship passengers when they embark or debark from Florida ports. Fee schedule is: -- cruises over 24 hours: $5.00 -- cruises under 24 hours: $1.00 2. Estimated annual income to the state is $27 million. (based on 1994-95 figures.) -- 5 million embarkations/debarkations over 24 hours = $25 million -- 2 million embarkations/debarkations under 24 hours = $2 million 3. Fee would be put in the state Ecosystem Management and Restoration Trust Fund for repair and maintenance of Florida's beaches and for ) enhancements to the beach environment by Florida's deep water ports. 4. This bill would free up general revenue funds currently allocated to the state's beach management program. IMPORTANCE OF BEACHES TO FLOR. IDA'S ECONOMY 1. Beaches are Florida's number one tourist "attraction." Beach-related sales generate more than $16 billion to the state's economy. (On average, beach tourists stay four days longer and spend more per capita than those going to other Florida destinations) 2. DEP estimates that at least 276 miles of Florida's 787 miles of sandy beaches fronting the Atlantic or .Gulf are experiencing critical erosion. This is negatively impacting tourism, which has been relatively stagnant for the past five years. Hotel owners say eroded beaches drive away tourists to other destinations, including the Caribbean and Mexico. 3. When the state's beach management program was enactexl in 1986, the . Legislature declared an intent to *appropriate at least $35 million annually" to' implement the program. (Average appropri~itions for the last five years have been $8.6 million, making it impossible to adequately restore and maintain Florida's beaches. 4. DEP estimates that to restore and maintain Florida's +276 miles of critically-eroding beaches over the next twenty years will have a total annual cost of $95 million. If current federal and local cost-sharing formulas are maintained, the state's annual cost will be betWeen $30 and $35 million, reinforcing the vision of 1986 Beach Management Act. (Only 105 of the state's 276 miles of critically-eroding beaches are currently being addressed by the state's beach management program.) 5. For FY 1997-98, local governments have requested $27.3 million in state matching funds for beach projects. (These projects entailed $30 million in federal matching money plus $30.6 million in local matching money, or a total of more than $2 for every state dollar spent.) 6. Another major benefit of Florida's beach management program is storm protection. The presence of a 100-foot wide strip of beach reduces storm damage to coastal properties by more than 50%. 7. Beaches are the first line of protection from storms and hurricanes. They protect $150 billion in coastal buildings. If we allow our beaches to erode away, the state and federal governments will be stuck with unnecessarily large storm recovery costs. (The Corps of Engineers estimated that structural damage from Hurricane Opal at Panama City Beach would have been reduced by upwards of 70% if the pending beach nourishment project there had been completed.) RATIONALE AND NEXUS ' I. Navigation inlets, including ports, are a significant cause of beach erosion in Florida by blocking the sand flow that provides "natural beach nourishment." It is appropriate that users of these ports help support remedies to the beach erosion problem. ' 2. The rationale for this surcharge is essentially the same as the surcharge on airport ear rentals. -2- i 3. Caribbean cruise destinations typically charge a "head tax" and other , ! fees on U.S. tourists while the State of Florida gets nothing. Following , are port and passenger fees collected by cruise lines on passengers from Florida ports: Bahamas 4 night cruise $84.50 Jamaica 7 night cruise $118.50 Mexico 7 night cruise $126.50 4. Nearly all the cruise ships doing business in Florida are registered abroad in countries such as Panama and Liberia. They pay virtually no U.S. or Florida taxes. All shipping related income, such as cruise fares, is tax exempt. PROJECTED IMPACTS ON FLORIDIANS & THE CRUISE LINES I. The overwhelming majority of cruise passengers departing fi.om Florida pons 'are residents of the other 49 states of the U.S. or from Canada. Thus, relatively few Floddians will be subject to the proposed surcharge. (Florida, with the world's three busiest cruise ports, serves about 79% of all North American homeport passenger movements.) 2. The big majority of these out-of-state cruise passengers do not vacation in Florida. Rather, they use Florida as merely a "way station" to and from the cruise ship. 3. The average cruise passenger pays more than $1,000 for his/her trip and spends an additional $125 at each port of call. 4. In any case, the cruise industry is booming. A recent article in Florida Trend Magazine. notes that Carnival Corp: "is so cash rich that Over the ' three years ending in 1998 it will build seven new cruise ships at a total cost of $2.1 billion without incurring much in the way of debt. This year, for example, Carnival will pay an estimated $674 million -- in cash - for ship construction." Comt~led by the Florida ~hore & Beach Preservation Association. a league of cities and counties on beach and coastal issues -3- '~L~ FLORIDA SHORE & BEACH · -.- .~ ~ P R E S E R V A T I O N A S S O C I A I I O N c~ 2~.7f27 . c~ ~1-~22 F~ o leogue o{ cities ~jn~;, · Dc. nh. on beech end cons'h ~: is::ue., CHAIRMAN Pc~m Be~:h ~,~ MEMO~DUM -. ~ARY- ~ASURER ~n Finn ~c~n~ TO: FSBPA Bo~d of D~ectors ~Eslo~N~ BeachWatch Members Stan Toil FROM: Debbie Flack ~hard U~versity of ~t~ F~r~a DATE: December 30, 1996 ~ Fo~ensleifl a. Pete~g~h RE: HB103: Cruise Ship Sleve 5gg/rs G~n~r~ Bffi By Representative Dennis Jones P~hCo~ Here is 'o~' dedicated funding vehicle---a cruise s~p ~a~,,n s~charge. I hope eve~ one of FSBPA's loc~ gove~ments P~Ca~ver~. can actively support it. It needs to be a p~t of yo~ ~ Non~ 'government's ~must have" legislative p~iorities. It wffi be A.~,~ up to local gover~ents to con~nce fiek Legisla~ve. ~ ~rs Delegation of ~e ~itical importance of a dedicated ~i~ Leoiga~ure fund~g so. ce for managing Florida's beaches. W~ Slr~ge F~ AtlontJc Un~e,aty Time is critic~, and its now. I hope eve~ coast~ ~. T.,,~ government with T~ahassee representation ~ get ~e~ ~ cou,~v .gener~ lobbyists wor~g on ~is. It Wo~d be ~eat ff some ~w~t~. p.~. of ~e ~ge cOast~ co~es wo~d cOn~act for one-~sue representa~on~ by lobbyists who speci~e ~mnc~o .Cm~ce/t~ ~sues. We need suppo~ ~om v~ous so~ces. ~ DE. T~s c~ot be a Solo effort. ~ ~lem c~o~l~,~ Stan wffi be sen~g out FSBPA's FACT SHEET for HB103 ~c~, shor~y. We wffi be ~g to C~m-up Senate sponsorship ~ O~en l~v ~,a,~ d~g n~ Week's committee meet~gs. CH~M~ EMERITU~ PLANNING & ZONING ...... ~.~%~.~~ ~'. .... c ~:~.' ....... ~.~.a~:~'~ ......... : ...... RESOLUTION NO. A RF-SOLUTION OF THE TOWN OF JUPITER ISLAND, MARTIN COUNTY, FLORIDA, SUPPORTING HOUSE BILL 103 CKEATING A CRUISE SHIP SURCHARGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Juplter Island is a coastal community located in Martin County on the east coast of Florida; and WHERF, AS,'studics show that a major cause ofbeach erosion in Florida is the presence of dccp cham~els and protective navigation sa'uctures at ports and harbors which interrupt thc littoral movement ofsadd tliat otherwise would naturally rcnourlsh the beaches; and WHEREAS, the Town et'Jupiter Island is Iocate<l downdriR or'the St. Lucia Inict, a nav/gational channel; and WHEREAS, beach erosion has been declared, pursuant to s. 161.088, Florida Statues to be a serious mcnac~ to the economy and general wclf'are ot'th~ State; and WHEREAS, the shoreline within the Town have bccn critically eroded; and WHEREAS, Lhe Town's beaches and dunes provide environmentally compatible storm protection to upland development; and WHEREAS, Hou~ Bill 103 will create a funding source in the .Ecosystem Manageme~t Restoration Trust Fund for a comprehensive statewide beach management plan. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF JUPITER ISLAND, FLORIDA, THAT: Section 1. Thc Town Commission suongl¥ urges the State of Florida, 14ouse Repmscntatlves.to act promptl), to enact House Bill 103. Section 2, A copy of'this resolution is to be provided to ou~ total Representatives and to the Florida Shore & Beach Preservation Association. ~cctlon 3~ This resolution shall take effect immediately upon its adoption. DULY PASSED AND ADOPTEO THIS_~DAY OF JANUARY, 1997. Commi~ioncr ATTEST: Town Clerk Res. No. 364 Writer's D~ect Line: (561) 243-70~ Ali. America Ci~ MEMO~D~ 1993 TO: City Co~ission FROM: David N. Tolces, Assistant City Attorn~ SUBJECT: Cogent to Easement Agreement with U.S. Co~s of Engineers 8" GraviW Sewer Line The attached agreement is before you for approval. The agreement provides for the Corps of Engineers' consent to the City to use the property shown in Exhibit "A" as an easement for an 8" gravity sewer line. The property is located on the west side of the Intracoastal Waterway north of N.E. 1st Street. Under the agreement, the City agrees to install the sewer line within the easement and to supervise, maintain, inspect, and pay for the installation and improvements. One amendment to the agreement is in Paragraph 7 regarding indemnification. The words "to the extent permitted by law" will be inserted in the second to last line after the word "Grantee." Please call if you have any questions. DNT:smk Attachment cc: ~T, Ita~ntea, City Manager Dan Beatty, City Engineer Sharon Morgan, City Clerk's Office corps.dnt DEPARTMENT OF THE ARMY CONSENT TO EASEMENT TO USE CORPS OF ENGINEERS RIGHT-OF-WAY Consent No. DACW17-9-97-0039 Project: Intracoastal Waterway, Jacksonville to Miami, Palm Beach Tract No. 772 THIS CONSENT TO EASEMENT AGREEMENT, made by and between the UNITED STATES OF AMERICA, DEPARTMENT OF THE ARMY, hereinafter referred to as the "Government", acting by and through the Chief, Real Estate Division, U.S. Army Corps of Engineers, Jacksonville District, hereinafter referred to as "said officer," and the City of Delray Beach, Florida, hereinafter referred to as the "Grantee": WHEREAS, the Government has acquired a right-of-way easement over the above-numbered tract of land, which easement, by its terms, reserves to the Government, in perpetuity, the right to use said easement for the construction, improvement, and maintenance of the Intracoastal Waterway, Jacksonville to Miami, Palm Beach County, Florida; and WHEREAS, the Grantee has requested permission to install, use, maintain, repair, replace and remove an 8 inch gravity sewer line in, on, across, over, and under a portion of the lands identified as Tract No. 772, Section 16, Township 46 South, Range 43 East, Palm Beach County, Florida. The area comprising 0.10 of an acre, more or less, is shown in red on Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, this consent is granted and accepted under the following conditions: 1. That it is understood that this consent is effective only insofar as the property rights of the Government in the land to be occupied are concerned, and that it does not relieve the Grantee from the necessity of obtaining grants from the owners of the fee and/or other interests, therein, nor does it obviate the requirement that the Grantee obtain State or local assent required by law for the activity authorized herein. 2. That any proposed improvements or use authorized herein shall not be commenced until appropriate rights shall have been obtained by the Grantee from the record owners and encumbrancers of the fee title to the lands involved, or until the Grantee has obtained all Federal, State, or local permits required by law. 3. That the proposed improvements or use authorized herein shall be consistent with the terms and conditions of this Consent; and that any improvements or use not specifically identified and authorized shall constitute a violation of the terms and condi- tions of this Consent which may result in a revocation of this Consent and in the institution of such legal proceedings as the Government may consider appropriate, whether or not this Consent has been revoked or modified. 4. That the exercise of the privileges hereby consented to shall be without cost or expense to the Government and under the super- vision of and subject to the approval of the said officer having immediate jurisdiction over the property and subject to such regulations as he may from time to time prescribe, including, but not limited to, the specific conditions, requirements, and specifications set forth in paragraph 14 below. 5. That the Grantee shall supervise and maintain the said improvements and cause it to be inspected at reasonable intervals, and shall immediately repair any damage found therein as a result of such inspection, or when requested by said officer to repair any defects. Upon completion of the installation of said improvements or the making of any repairs thereto, the premises shall be restored immediately by the Grantee, at the Grantee's own expense, to the same condition as that in which they existed prior to the commencement of such work, to the satisfaction of said officer. 6. That any property of the Government damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to the satisfaction of the said officer, or in lieu of such repair or replacement, the Grantee shall, if so required by said officer and at his option, pay to the Government an amount sufficient to compensate for the loss sustained by the Government by reason of damage to or destruction of Government property. 7. That the Government shall not be responsible for damages to the property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the Grantee, or for damages to the property or injuries to the person of the Grantee, or the persons of Grantee's officers, agents, servants, or employees, or others who may be on said premises at the invitation of the Grantee or the invitation of one of them, arising from Governmental activi- ties on or in the vicinity of the said premises, and the Grante~ ~th~ex~mt shall hold the Government harmless from any and all claims. ~_~itted~ 8. That the Government shall in no case be liable for any damage to any improvements herein authorized which may be caused by any action of the Government, under the rights obtained in its easements, either hidden or known, or that may result from the future operations undertaken by the Government, and no claim or right to compensation shall accrue from such damage, and if further operations of the Government require the alteration or removal of any improvements herein authorized, the Grantee shall, upon due notice, from said officer, alter or remove said improve- ments without expense to the Government and subject to the supervision and approval of the said officer and no claim for damages shall be made against the Government on account of such alterations or removal. 9. That construction and/or operation, maintenance, and use of any improvements incident to the exercise of the privileges herein granted shall be in such a manner as not to conflict with the rights of the Government, nor to interfere with the operations by the Government under such rights nor to endanger lives and safety of the public. 10. That this Consent may be terminated by the Government or said officer upon reasonable notice to the Grantee if the Govern- ment or said officer shall determine that any improvements or use to which consent is herein granted interferes with the use of said land or any part thereof by the Government, and this Consent may be annulled and forfeited by the declaration of the Govern- ment or said officer for failure to comply with any or all of the provisions and conditions of this Consent, or for nonuse for a period of two (2) years, or for abandonment. 11. That upon relinquishment, termination, revocation, forfeiture, or annulment of this Consent, the Grantee shall vacate the premises, remove all property of the Grantee therefrom, and restore the premises to a condition satisfactory to the said officer. If the Grantee shall fail or neglect to remove the said property and so restore the premises, then at the option of the Government or said officer, the said property shall either become the property of the Government without compensation therefor, or the Government or said officer, may cause it to be removed, and the premises to be so restored at the expense of the Grantee, and no claim for damages against the Government, or its officer or agents, shall be created by or made on account of such removal and restoration. 12. That the Grantee within the limits of his respective legal powers shall comply with all Federal, interstate, State, and/or local governmental regulations, conditions, or instructions for the protection of the environment and all other matters as they relate to real property interests granted herein. 13. That the Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural, or other cultural artifacts, relics, vestiges, remains, or objects of antiquity. In the event such items are discovered on the premises, the Grantee shall immediately notify the District Engineer, Jacksonville District, Post Office Box 4970, Jacksonville, Florida 32232-0019, and the site and the material shall be protected by the Grantee from further disturbance until a professional examination of them can be made or until a clearance to proceed is authorized by the District Engineer. 14. That the sewer line shall be installed 6 feet from the west right-of-way line of the Intracoastal Waterway with a minimum fill coverage of 3 feet. Construction shall be in accordance with the drawing attached hereto and made a part hereof as Exhibit "B". 15. That this Consent may not be transferred to a third party without the prior written notice to the Chief, Real Estate Division, U.S. Army Corps of Engineers, Jacksonville District, 4 Post Office Box 4970, Jacksonville, Florida 32232-0019, and by the transferee's written agreement to comply with and be bound by all the terms and conditions of this Consent. In addition, if the Grantee transfers the improvements authorized herein by conveyance of realty, the deed shall reference this Consent and the terms and conditions herein and the Consent shall be recorded along with the deed in the Registrar of Deeds or with other appropriate official. This Consent is not subject to Title 10, United States Code, Section 2662. IN WITNESS WHEREOF, I have hereunto set my hand, by authority of the Secretary of the Army, this day of 199 UNITED STATES OF AMERICA BY: Chief, Real Estate Division U.S. Army Engineer District Jacksonville, Florida AGREED TO AND ACCEPTED CITY OF DELRAY BEACH, FLORIDA BY: ATTEST: By: ~ ~6 , STATE ACQUISmON TOT~ A~ ACQUIR~ ~ N ..... [~.~ - ., ' DIS~SAL ~ ~~ _; IJ TOT~ A~ OlSmSEO OF -- ~ ..... _ ~ , _',~ .... :L "~~==_ = ....... ~ ~END ~~~~ J ' SECTIONS 9 & 16 ,' PALM BEACH COUNTY ~"'"' "'""' ""'~"-- [~"~' "'~ INTRACOASTAL WATERWAY ......... '~ JACKSONV~LE TO MIAMI ~'," ~_~. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS S~B~CT: ~ND~ IT~,~ ~ ~ - ~TI~ RESOLUTION NO. 2-97: DATE: JANUARY 17, 1997 This is a resolution assessing costs for abatement action required to board up an unsafe building on property at 219 Palm Trail. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $450.73 remains unpaid. Recommend approval of Resolution No. 2-97 assessing costs to board up an unsafe building on property at 219 Palm Trail. RESOLUTION NO. 2-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY'OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY 'TO ACCOMPLISH SUC%4 ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. W}{EREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of' the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, Wq4EREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and .did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, W~EREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating sa~d condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 2-97 Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the Cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1997. MAYOR ATTEST: City Clerk - 3 - Res. No. 2-97 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT c/o ~tin Cole ADDRESS: Graoe Arbor Lane, East Hampton, NY 11937 PROPERTY: 219 Palm Trail~ Delra¥ Beach, F1 33483 LEGAL DESCRIPTION: __Lot 9, Runny~ede according to Plat Book 23, Page 71 of the official records of Palm/Beach County, Fl. You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $450.73 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19m, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on _~7_?~_q~,. . _that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. . x You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action requ. ired_by the decision of the Board of Construction Appeals within a stated period of time; You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe cOndition existing on the above described property on 11-~7-q6 at a cost of $450.73 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County,: :Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the o~fice of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~'' - MEETING OF JANUARY 21, 1997 RESOLUTION NO. 3-97 DATE: JANUARY 17, 1997 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property at 1026 S.W. 7th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $3,825.75 remains unpaid. Recommend approval of Resolution No. 3-97 assessing costs to demolish an unsafe building on property at 1026 S.W. 7th Avenue. RESOLUTION NO. 3 - 97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS" OF THE LAND DEVELOPMENT REGULATIONS OF THE ., CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DEL.RAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND _ LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS;. PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designate~ representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice alSo advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, W~EREAS, neither an appeal to the Board of Construction Appeals or correCtive action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building OffiCial caused the abatement action to be done; and, W~EREAS, the City Manager of the City of Delray Beach has, pursuant, to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitte~ to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the Costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building.by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 3-97 Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing.date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- 'fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1997. MAYOR ATTEST: City Clerk - 3 - Res. No. 3-97 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT ADDRESS: ~ 3804 Lat:Lneer Dr., Austin, Texas 73732 PROPERTY: 1026 Si4 7th Avenue, Delray Beach, F1 33z~44 LEGAL DESCRIPTION: Lots 26 and 27, Block B, R:l. dsewood Hef.8;hts Delray ,~-enr&~ne to Plat Book 14, Pa~;e ~4 of the official records of Palm Beach County, Fl. You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $3,825.75 by resolution of the City Commission of the City of Delray Beach, Florida, dated . ., 19__, has been levied against the 'above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on ].1-11-96 that the Chief Building Official had determined that a building/structure located on the above deScribed property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action requ?ed__by the decision of the Board of Construction Appeals within a stated period of time~ You failed to take the action as required by the order of the Board of ConstructionAppeals. ...You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 12-24-96 at a cost of $3,825.75 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County,..Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE. OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE oF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the o'ffice of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CIT SUBJECT: AGENDA ITEM # ~F - MEETING OF JANUARY 21, 1997 RESOLUTION NO. 4-97 DATE: JANUARY 17, 1997 This is a resolution assessing costs for abatement action required to remove nuisances on 24 properties located throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 4-97 assessing costs for abating nuisances on 24 properties within the City. RESOLUTION NO. 4-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, W~EREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will - 2 - Res. No. 4-97 accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1997. MAYOR ATTEST: City Clerk - 3 - Res. No. 4-97 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, LOT 3, ROBERT G. & PATRICIA ALLEN $ 61.00 BLK 47, PB 12, P 81, 206 SW 2ND AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (206 SW 2ND AVENUE) SEC 18-46-43, NLY 133.18' BLONDELL ANTHONY $ 97.58 OF S 206' OF ELY 129' OF 68 NW 18TH AVENUE 70.00 (ADM. COST) NE 1/4 OF SW 1/4 OF SE DELRAY BEACH, FL 33444 1/4 OF NE 1/4 AS IN ORB 2246 P578 (LESS E 20' RD R/W), PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (68 NW 16TH AVENUE) TOWN OF DELRAY, LT 23, GRACE BARNETT $ 69.00 BLK 23, PB 10, P 69, 1401 39TH STREET 70.00 (ADM. COST) PUBLIC RECORDS OF PALM WEST PALM BEACH, FL 33407 BEACH COUNTY, FL (509 SW 3RD STREET) SOUTHRIDGE, LTS 10 & 15, JAMES P. BENNETT $ 45.00 BLK 7, PB 24, P 11, 11407 FLINT LANE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM BOKEELIA, FL 33922 BEACH COUNTY, FL (615 SOUTHRIDGE ROAD) POINCIANA HEIGHTS OF CARTERET SAVINGS BANK $ 77.00 DELRAY BEACH, LT 24, c/o SPEAR & HOFFMAN 70.00 (ADM. COST) PK 26, P 245, PUBLIC 700 S. DIXIE HWY. #2 FLR RECORDS OF PALM BEACH CORAL GABLES, FL 33146 COUNTY, FL (332 NW llTH AVENUE) TOWN OF DELRAY, S 150' H.& HAZEL CLEM $ 51.00 OF E 50' OF BLK 18, 3 SUMMER STREET 70.00 (ADM. COST) (LESS E 20' R/W), PB 1, NORWALK, CT 06851 P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (NW 2ND STREET) SUNSET PARK DELRAY, TOMASA R. CRUZ $ 77.00 LT 54 & 55, PB 12, P 65, 409 NW 7TH COURT 70.00 (ADM. COST) PUBLIC RECORDS OF PALM BOYNTON BEACH, FL 33426 BEACH COUNTY, FL (MANGO DRIVE) -4- RES. No. 4-97 TOWN OF DELl{AY, LT 9 & JULES J. FELSO $ 43.00 N 26.5' OF LT 10 (LESS 8 NE 2ND STREET 70.00 (ADM. COST W 60') BLK 67 (OLD SCHOOL DELRAY BEACH, FL 33444 SQUARE HISTORIC DISTICT) PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (8 & MORE NE 2ND STREET) TOWN OF DELRAY, S 50' OF EDWIN C. IVY $ 69.00 OF N 200' OF W 120' OF 519 SW 15TH TERRACE 70.00 (ADM. COST BLK 5, P 2,PUBLIC RECORDS DELRAY BEACH, FL 33444 OF PALM BEACH COUNTY, FL (NW 5TH AVENUE) TOWN OF DELRAY, N 50' OF ALAN KLASFELD TR $ 51.00 W 135' OF BLK 20, PB 1, 701 NW 13TH STREET #B1 70.00 (ADH. COST P 3, PUBLIC RECORDS OF BOCA RATON, FL 33486 PALM BEACH COUNTY, FL (516 NW 1ST STREET) TOWN OF DELRAY, S 1/2 OF ETHEL J. MACKEY $ 51.00 LT 5, BLK 30, PB 1, P 30, C/O SHIRLEY M. WALLACE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM 1120 NW 64TH STREET BEACH COUNTY, FL MIAMI, FL 33150 (129 SW 5TH AVENUE) TOWN OF DELl{AY, N 100' MARY L. MCRAY $ 350.00 OF S 385' OF W 135' OF 586 LAWRENCE ROAD 70.00 (ADM. COST BLK 2, PB 1, P 3, PUBLIC DELRAY BEACH, FL 33445 RECORDS OF PALM BEACH COUNTY, FL (227 NW 8TH AVENUE) TOWN OF DELRAY, LTS 22 TO ALVAN E. MCFORD $ 85.75 26 INC., BLK 15, PB 13, 17831 NW 47TH AVENUE 70.00 (ADM. COST PUBLIC RECORDS OF PALM CAROL CITY, FL 33055 BEACH COUNTY, FL (SW 7TH AVENUE) ATLANTIC PARK GARDENS, BERTHA PALMER $ 61.00 DELRAY, LT 16, BLK 1, 35 NW 13TH AVENUE 70.00 (ADM. COST PB 14, P 56, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (35 NW 13TH AVENUE) TOWN OF DELRAY, W 55' OF MARIE QUINCE $ 61.00 LTS 11 & 12, BLK 23, 506 SW 14TH AVENUE 70.00 (ADM. COST) PB 10, P 69, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (SW 3RD STREET) CARVER SQUARE, LTS 12 TO RPI MANAGEMENT CORP & $ 96.52 14, INC., LT 16, PB 24, HAMPTON REAL ESTATE, INC. 70.00 (ADM. COST) P 11, PUBLIC RECORDS OF 21 SE 1ST AVENUE, STE 900 PALM BEACH COUNTY, FL MIAMI, FL 33111 (SW 2ND COURT) - 5 - RES. NO. 4-97 TOWN OF DELRAY, LTS 6 & L. SIMMONS $ 77.00 7, BLK 15, PB 13, P 8, 1601 GLENCOVE AVE. 70.00 (A/DM. COST) PUBLIC RECORDS OF PALM PALM BAY, FL 32907 BEACH COUNTY, FL (SW 7TH AVENUE) ATLANTIC PARK GARDENS, HELENA SMITH $ 61.00 LT 17, BLK 1, PB 14, 10404 PIPPIN LANE 70.00 (ADM. COST) P 56, PUBLIC RECORDS ROYAL PALM BEACH, FL OF PALM BEACH COUNTY, FL 33411 (37 NW 13TH AVENUE) TOWN OF DELRAY, N 100' OF JOSE N. SURIA $ 32.00 E 131.6' OF BLK 63, 607 NW 43RD WAY 70.00 (ADM. COST) PB 6, P 3, PUBLIC RECORDS DEERFIELD BEACH, FL 33442 OF PALM BEACH COUNTY, FL (200 SO. SWINTON AVENUE) RESUB OF BLK 29, DELRAY CHARLIE TERRY $ 61.00 BEACH, LTS 28 & 29, PB 9, 39 SW 9TH AVENUE # 3 70.00 (ADM. COST) P 66, PUBLIC RECORDS OF DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (95 SW 5TH AVENUE) J. G. FEN-NOS SUB., LT 9, JACK VINIK, JR. $ 51.00 BLK 2, PB 2, P 89, 950 NW 26TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33445 BEACH COUNTY, FL (NW 9TH AVENUE) HALLER & GROOTMANS SUB., RANDALL A. WALKER $ 32.00 LT 31, PB 5, P 4, PUBLIC 11334 172ND PLACE NO. 70.00 (ADM. COST) RECORDS OF PALM BEACH JUPITER, FL 33478 COUNTY, FL (414 NE 7TH AVENUE) SEC. 17-46-43, E 43.74' SIDNEY WASHINGTON $ 24.00 OF S 140' OF N 165' OF 2633 NW 18TH TERRACE 70.00 (ADM. COST) N 1/2 OF NW 1/4 OF SW 1/4 OAKLAND PARK, FL 33112901 OF NW 1/4, BP 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1402 NW 2ND STREET) SUNDY & TENBROOK, ADD TO J. E. & KAY B. WOMACK $ 43.00 DELRAY, LT 19, PB 12, P.O. BOX 2493 70.00 (ADM. COST) P 32, PUBLIC RECORDS OF DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (SW 4 TH AVENUE) VIOLATION IS: SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. - 6 - RES. NO. 4-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ ~'~ SUBJECT: AGENDA ITEM # ~q$ -MEETING OF JANUARY 21, 1997 RESOLUTION NO. 5-97 DATE: JANUARY 17, 1997 This item is a resolution assessing costs for abatement action required to remove junked vehicles on six properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 5-97 assessing costs to remove junked vehicles on six properties within the City. RESOLUTION NO. 5-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY' TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, W~EREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated represent- ative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 and 90.03 of the Code of Ordinances; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part. hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis- ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances; and, WHEREAS, the City of Delray Beach, through the City Adminis- tration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid; and, WHEREAS, the City Commission of the City of Delray beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property'owner(s), NOW, THEREFORE, BE IT. RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, .AS FOLLOWS Section 1. That assessments in the individual amounts as shown by the report of the.City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for General city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collectinG said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein and shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. -2- Res. No. 5-97 Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the day of , 1997. MAYOR ATTEST: City Clerk -3- Res. No. 5-97 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCES pROPERTY DESCRIPTION QWNER ~SSES SMENT. PINE TRAIL, SEC. 3 ALTAGRACE L. JOSEPH $ 19.00 FINAL PLAT, LOT 17, EMILE R. ALEXIS 15.00 (ADM. COST) (LESS W 40'), BLOCK 7, 5030 NW 6TH COURT PB 33, P 126, PUBLIC DELRAY BEACH, FL 33445 RECORDS OF PALM BEACH COUNTY, FL (5030 NW 6TH COURT) HALLER & GROOTMANS RANDALL A. WALKER $ 19.00 SUB., LOT 31, PB 5, 11334 172ND PLACE NO. 15.00 (ADM. COST) P 4, PUBLIC RECORDS OF JUPITER, FL 33478 PALM BEACH COUNTY, FL (414 NE 7TH AVENUE) PRIESTS ADD TO ATLANTIC MONROE WILLIAMS & $ 194.00 PARK GARDENS, LOT 16, RUBIN CLINTON III 65.00 (ADM. COST) BLOCK 2, PB 23, P 70, 114 SW 14TH AVENUE PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (114 SW 14TH AVENUE) FIRST ADD TO KENMONT, NINA V. HORD $ 317.00 LOT 7, PB 22, P 24, 906 PALM TRAIL 65.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33483 BEACH COUNTY, FL (906 PALM TRAIL) TOWN OF DELRAY, LOT 14, ELIENNE ETIENNE $ 19.00 BLOCK 72, PB 10, P 57, 304 SE 1ST AVENUE 15.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (304 SE 1ST AVENUE) BELLEVIEW COURT, LOT 18 WILLIE & DOROTHY GUY $ 19.00 & E 1/2 OF LOT 19, 20 SW 9TH STREET 15.00 (ADM. COST) PB 11, P 45, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (20 SW 9TH STREET) VIOLATION IS: SECTION 90.03 - STORING, PARKING, OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS. - 4 - RES.NO. 5-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ' - MEETING OF JANUARY 21, 1997 CHANGE ORDER NO. 2 TO MURRAY LOGAN CONSTRUCTION, INC. & AWARD OF BID TO DATA FLOW SYSTEMS, INC. DATE: JANUARY 17, 1997 This is before the Commission to approve Deduct Change Order No. 2 in the amount of $52,553.47 with Murray Logan Construction, Inc. for deletion of the telemetry system from the Barrier Island Pump Stations project, and award the system to Data Flow Systems, Inc. The telemetry system was bid as part of this project and is included in the contract with Murray Logan. However, the City was able to negotiate a lower price directly from Data Flow Systems, for $36,480. Recommend approval of Change Order No. 2 with Murray Logan, and award of the telemetry system to Data Flow Systems, Inc. Funding is available from the Barrier Island Pump Station (Account No. 448-5411-538-62.35). Agenda Item No. ~ ' AGENDA REOUEST Date:January 15, 1997 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda When:April 21, 1997 Description of item (who, what, where, how much): $~aff requests Commission Approval for Change Order #2 to Murray Logan Construction for Barrier Island Pump Stations (PN ~5-03~) deducting amount S52,553.47 for deleting telemetry system for Beach Dr, Waterway Ln and Seasage pump stations. Staff also requests Commission approval to issue a Purchase Order to Data Flow Systems in the amount of S36.480.00 for furnishing and installing telemetry for the three stations and additional miscellaneous parts per attached quote dated December 30. 1996. Funding is from 448-5411-538-62.35. Barrier Island PU~D Station. ORDINANCE/RESOLUTION REQUIRED: YE DRAFT ATTACHED YESI~NO/ Recommendation: Staff recommends approval of Change Order #2 deduction from Murray Logan. and approval for Data Plow Systems for Purchase Order for furnishing and installing the telemetry..' Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO~,~/'l Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: file: s/eng/eng/Project/9531/official/agd42197 TO: David T. Harden City Manager FROM: Howard wig~ it,, ,~ ,ep. I, r SUBJECT: BARRIER ISLAND PUMP STATIONS PN 95-031 DATE: January 15, 1997 Attached for Commission approval is an agenda request for Change Order//2 to Murray Logan Construction, Inc. for the above referenced Project. The amount of Change Order //2 is a deduct amount of $52,553.47 for deleting the telemetry system for the Beach Dr, Waterway Ln and Sea Sage pump stations as furnished by Data Flow Systems, Inc. Data Flow Systems equipment is utilized on all City facilities for operation monitoring and control. The telemetry system was bid as part of this project and is included in the Contract with Murray Logan. The City was able to negotiate a lower price directly with Data Flow than was bid to the Contractors. The City will also receive savings from the elimination of the sales tax. Based on the above we are also requesting Commission approval to issue a purchase order in the amount of $36, 480.00 to Data Flow Systems, Inc. for furnishing and installing the telemetry for the three stations; and additional miscellaneous parts per the attached quote dated December 30, 1996. Funding is from //448-5411-538-62.35, Barrier Island Pump Station. cc: C. Danvers Beatty, P.E., City Engineer file: 95-031 (E) file: s/eng/eng/proj/9531/official/agdmemo.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. TWO (2) PROJECT NO. 95-031 DATE: PROJECT TITLE: BARRIER ISLAND PUMP STATIONS TO CONTRACTOR: MURRAY LOGAN CONSTRUCTION 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: Delete furnishing and installing Data Flow Telemetry equipment for Beach Dr, Waterway and Sea Sage Pump Stations. Equipment will be furnished and installed by Data Flow via direct Purchase Order with City of Delray Beach. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $947,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $105,006.30 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,052,006.30 COST OF CONSTRUCTION CHANGES THIS ORDER $-52,553.47 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $999,452.83 PER CENT INCREASE/DECREASE THIS CHANGE ORDER -5.6% TOTAL PER CENT INCREASE/DECREASE TO DATE +5.5% EXTENSION OF CONTRACT TIME ALLOWED THIS CHANGE, 0 CALENDAR DAYS T0 3/15/97. 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. for Murray Logan Construction, Inc. (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 448-5411-578-62.35 DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: Director Environmental Services/ Jay Alperin, MAYOR City Engineer ATTEST: APPROVED: By: City Attorney City Clerk ~...k95-031~contract~colfrm.doc MURRAY LOGAN CONSTRUCTION, INC. General Contractors 313 65th TRAIL NORTH WEST PALM BEACH, FLORIDA 33413 TELEPHONE 686-3948 FAX # 686-7465 August 29. 19'96 City of Delra¥ ... ., ,~ Re, Barrier Island Pump Station Attn: Howard Wight' ' MLCI #495 Subject: Data Flow Systems, Inc. "RTU Submittal" Co. #1 Gentlemen. Please find attached Data Flows System Inc. Bid time proposal for the above referenced project. Data Flows price was $70,071.30,(tax included) for 4 lift stations, however, the project only requires (3) new RTU's (Waterway, Beach, Seasage wet wells). Further, MLCI proposes to issue a credit for the following amount, $70,O71.30 4 locations - $17,517.82 17517.82 x 3 locations - <52553.47> In closing, it's our understanding that the City of Delray intends on purchasing this material directly from Data Flow Systems, Inc. We request the city issue a Change Order Deduction in the amount of $52,553.47 for the RTU equipment at this time. If you have any questions regarding this issue please do not hesitate to call me. Yours truly Bruce Smith Re: CITY OF DELRAY BEACH . ,.' MISCELLANEOUS BARRIER ISLAND PUMP STATIONS Dear Clayton: I am pleased to offer a quotation for (3) three remote terminal units (RTUs), compatible with the City of Delray Beach's existing radio t~lemetry system, for 'the above-captioned project, The units are offered as tmnkey products, and includes all necessary installation labor and materials (wire, tie wraps, mounting hardware). Additional parts quote is following the RTU configurations. Each unit includes: (1) RTU204 (1) 316 ss enclosure w/modular backplane (2) Radio Interface Module/radio* (2) Pump Control Module* (I) Pulse Accumulator Module (1) Anglog Monitor Module (:2) DC Digital Control/monitor Module* (0) gpmx: module positions (2) Power Supply Module* (1) Backup batmrics (1) antenna, coaxial cable, 8: mounting hardware (no tov/er.O (1) Tipping bucket rain gauge (1) 0-100 PSi pressure transmitter (plumbing to be don~ by others) One module is a spare, as spee~ed in the spec~cations.. One Page to Follow DjIo Flmv ?;~s~om.~, h)e. · 6:59 ~au Galliu Ilh.d. · M~:lb~)umo. I,'~olqda 329.~5 * Pll:(4Ot'l 2~9.5009 * FA,Xi.I/~T~2$9,41~(, Additional Pm'ts Quote: (12) Buehm~.nan C~xd Connector ($52 ea.) $ 624.00 (12) Local Area Antenna ($30 ea,) $ 360.00 (12) BNC to N-Type Adapter ($I0 ca;) $ 120.00 This quotation, for three units and additional parts above, totals ~;36,480.00. Lead time is 8 - l0 weeks ARO, This quote will be honored for 90 days. Tl~nk you for this op~rtunity to offer our services to the City of Delray Beach. Sincerely, Data Flow Systems, Inc. Dav/d $. W~ker End of Fctx Flow Sv~lg.~'i:l. In':. · 659 Eau Gallic ttlvd, e Melboumc;. Fh,rida ~2935 · PH:I407) 259-~009 · FA3(t40Tj259.4tX~, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~3// SUBJECT: AGENDA ITEM #~ - MEETING OF JANUARY 21, 1997 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JANUARY 17, 1997 Attached is the Report of Appealable Land Use Items for the period January 6 through January 17, 1997. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. TO: DAVID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING FROM: //JASMIN ALLEN, PLANNER SUBJECT: MEETING OF JANUARY 21, 1997 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JANUARY 6, 1997 THRU JANUARY 17, 1997 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of January 6, 1997 through January 17, 1997. This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. City Commission Documentation Appealable Items Meeting of January 21, 1997 Page 2 A. Approved with condition (5 to 0), a free standing sign for GCO Carpet outlet located at the northwest corner of Congress Avenue and West Atlantic Avenue. B. Approved (5 to 0) a request to change the architectural elevation to add a mural on the east wall of the building occupied by the Palm Beach Photographic Workshop at Ocean City Lumber, located at the southeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street. C. Approved (3 to 2, Shutt and Little dissenting) requests to change the architectural elevation (carport awnings addition) and the exterior building color for Sunbeam/The Arbors, located on the east side of Congress Avenue, south of Germantown Road. D. Approved (5 to 0) a color change for the Alberta Beale Co-op Apartments, located at the northwest corner of S.E. 5th Avenue and S.E. 1st Street. E. Approved (5 to 0) with conditions, a minor site plan modification, landscape plan and architectural elevation plan in conjunction with the installation of modular buildings for Head Start, a child care facility located within the Catherine Strong campus on S.W. 6th Street. Concurrently, the Board approved a request to defer the installation of the sidewalk along S.W. 6th Street until such time as the permanent Head Start facility is constructed. City Commission Documentation Appealable Items Meeting of January 21, 1997 Page 3 1. Consented on a 6 to 0 vote that the request to construct a parking space in the front yard setback at 1030 Nassau Street may be approved administratively provided that a brick paver block material is used. 2. Approved (6 to 0) with conditions, the Certificate of Appropriateness associated with exterior alterations to a contributing single family residence at 708 S.E. 3rd Street. Concurrently, the Board recommended that the applicant seek a variance in order to allow a proposed garage to encroach into the front setback. No Regular meeting was held during this period. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF dANUARY 21, 1997 L-30 CANAL O LAKE IDA ROAD ATLANTIC AVENUE [ LOWSON BOULEVARD o LINTON BOULEVARD BOULEVARD L-3B CANAL C-15 CANAL cra' L,M,TS --~ S.P.R.A.B.' H.P.B.' A. - GCO CARPET OUTLET 1. - '10,30 NASSAU STREET B. - OCEAN CITY LUMBER COMPANY 2. - 708 S.E. 3RD STREET i MILE I C. - SUNBEAM/THE ARBORS I I D. - ALBERTA BEALE CO-OP APARTMENTS SCALE E. - HEAD START CITY OF DELRAY BEACH, FL PLANNING DEPARTMENT -- D/G/F/iL BASE MAP EYET£M -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~d SUBJECT: AGENDA IT ,M # 3' _ M . .TING OF 21, 1997 AWARD OF BIDS AND CONTRACTS DATE: JANUARY 17, 1997 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Purchase of a John Deere Model 690 LC Excavator from Neff Machinery in the amount of $131,853.74, through a lease purchase agreement with SunTrust, low bidder, at 5.0767% for 36 months for a total of $142,427.52, with funding from 441-5145-536-64.25. 2. Grant awards through the SHIP and HOME programs for the rehabilitation of two single family housing units, to be awarded to Henry Haywood as follows: $14,432.25 for 128 N.W. 10th Avenue and $17,613.75 for 814 S.W. 4th Avenue, with funding from SHIP Account No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-49.19. 3. Bid Alternate #2 award (Base Bid and Alternate #1 were approved on 1/7/97) in the amount of $29,933 to Regal Contractors, Inc. for irrigation and landscaping improve- ments to the 1-95 overpass at Lake Ida Road, with funding from 334-4144-572-63.31 and 334-3162-541-63.12. 4. Purchase award in the amount of $68,211.52 via Florida State Contract #250-040-96-1 to CIC Systems, Inc. for 35 Toshiba laptop computers to implement Department of Justice Bureau of Justice Assistance Block Grant project #97008 at the Police Department, with funding from 112-2172-521-64.11. 5. Purchase award to H.T.E. Inc., sole source vendor, in the amount of $63,000 for laptop computer software to implement the Department of Justice Bureau of Justice Assistance Block Grant project #97008 at the Police Department, with funding from 112-2172-521-64.11. Agenda Item No. AGENDA REQUEST Date: 12/18/96 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: 1/7/97 Description of agenda item (who, what, where, how much): Pl,rnhase of m .Tohn _Daara Modal 690 I,C Excavator through Neff Machinery. Financin~ to be provided through m l~m~ p,lrPhmR~ T,7~th RllnTr11R~ ~n the mmolmt Of $!3!,853.7/~ at 5.0767% ~o~ ~ 36 ~onth term. ADprove attached budget transfer O~I~CE/ ~SOLUTION ~QUI~D: YES/NO Draft Attached: YES/NO Recommendation: Reco~end the above lease purchase. . Department He ad Signature:~~ Determination of Consistency w~~Prehen~ Pi~': ~ ,. City-~ttorney Review/ ~ (~f applicable): Budget Director Review (required on all items involving expenditure of funds}: Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: 441 5145 536 64 25 Account. Balance: W/~ Construction Svc/Heavy Equip. City Manager Review: Approved for agenda: .. NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM To: David T. H~Manager From: Joseph M.'Saffo~~ct°r of Finance Subject: John Deere Excg'vator Date: December 19, 1996 The Engineering Department is requesting a lease purchase of a John Deere excavator plus other ancillary equipment (see attached). Neff Machinery will provide the equipment through GSA pricing at a cost of $131,853.74. Staff has gone out for bid for financing and received the following results: ANNUAL PAYMENT INSTITUTION TERM RATE PAYMENT OVER TERM Associates Commercial Corp. 36 Mos. 5.7000% $ 47,920.20 $143,760.60 48 Mos. 5.7500% 36,978.00 174,912.00 Barnett Bank 36 Mos. 5.7600% $ 47,963.16 $143,889.48 48 Mos. 5.8300% 37,035.96 148,143.84 SunTrust 36 Mos. 5.0767% $ 47,475.84 $142,427.52 48 Mos. 5.1500% 36,545.64 146,182.56 We recommend financing the equipment through a lease purchase with SunTrust, the low bidder, in the amount of $131,853.74 at a rate of 5.0767% for a 36 month term contingent upon approval of the agreement by the City Attorney. c: Howard Wight, Construction Manager Jackie Rooney, Senior Buyer R. S. O'Connor, Treasurer \rsoc file: \lease\backhoe DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM To: Jackie Rooney, Senior Buyer FROM: Howard Wight, Dep Dir Construction D~ DATE: December 6, 1996 SUBJECT: Lease / Purchase of 690E-LC Excavator for ESD Construction Division Utility Construction Crew Please find attached proposal for a John Deere 690E-LC Excavator with accessories for a total price of $131,853.74 as submitted by Neff' Machinery. This price is based on an existing GSA Contract price as solicited and received by your office. This piece of equipment was approved in the '96-'97 Budget to be utilized by the ESD Construction Division Utility Crew. The account number is 441-5145-536-64.25 Heavy Equipment. It was approved as a lease/purchase with a four year term with a $48,000 annual budgeted cost. We have rented this machine periodically from Neff. Machinery and feel that it is the machine that best suits our needs based on the type work that we will be doing. Neff. Machinery has a local office that has provided good service and responsive support for the equipment that we have rented from them. We are confident they will provide the same level of warranty service for the new excavator. We request that this machine be placed on the January 7, 1997 Commission Agenda for approval. cc: Dan Beatty, Acting Director of Environmental Services ./Becky O'Connor, Treasurer .~ROM : NEFF MACHINERY MIA-PARTS PHONE NO. : 305 592 8324 Now. 22 1996 12:31PM P2 SALES ORDER · MIAMI · POMPANO · WEST PALM BEACH · ORLANDO MACHIMi I 'Y · 4343 N,W. 76th AVENUE / MIAMI, FL 33166-6493 / PHONE: (3~5) 592.5740 / F~ (~) SOLD TO City of Delray Beach dATE November 22~ 19 9~ 100 N.W. 1st Avenue SHIPTO 434 S. Swinton Avenue Delra~ Beach~ ~ 33444 Delra~ Beach, ~ 33444 TERMS Net 30 Days, P.O. Required DELIVERY' Will Advise ~oward ~ite / Jackle ~one}, ~OLO BY: .. ~n~ Sanchez~ ~veramental Sales ~ (we) t~e undGrSigned heCe0y orde¢ from you the goods descried below. This Order is subject to your ~ility to obtain t~e g~s from the manUlaCturer in ti~e ~or ~live~ and pride to ~y price cn~ge by the manufact ure¢. Delive~ instructions ~e ~hown abo~e. It is under~toOO between the p~les that the ~ller tS not the m~ufactufer of th~ equiDment nerCn ~ld ~ that no w~rr~ly what~ver, either expres~ Or implied, is gJ~n other than the warranty offered by the origins manuf~t~er i~ stitl in force. QUANT~ EQUIPMENT DESCRI971ON ..... ~,,RICE OFFICE I ~ew John Deers 690E-LC Excavator S/N ~558073 Includes: All s:andard Equi~ent and $~ecifications plus... 1690T 690E Base ~chine $.134,225.00 3165 32" Tri~le Semi Grousers ........ $ 1,265.00 ..6575 Boom with 9'-6" ~ $ 29~660.00 8175 Cab with Heater No 8625 ~-o t2 Volt Batteries (160 Min Cap) No Charg.~ AT163616 ~e 24" Heavy ~y High Capac!.~y Bucket .73 Cu. ~d. $ 3,698.00 AT163542 Flare (TX310~) SeC of 4 Ins~allgd on 24" Bucket $ 486.40 .ATI63618 ~a 36" Heavy Du~y High Capacity Bucket 1.1.9 Cu, Yd. $ 4,305.00 ATi63543 ~in Ti~er (TX310~) Se~ of 5 Installed on 36" Bucket $ 632.00 ...... TOT~ L~ST PRICE: $174,271.40 LESS GSA F~DE~ DISCOUNT: (24.34%) - ( $42,41~.66 TOT~.GSA.CONT~CT P~IC~ : $131,853.74 ~ .... , Contract No: GS-~OF-[021 '// U ' // Env San~hez. ~ove~en~al Sala, ~er~ (305~ 734-6524 ....... OONDITIONS OF SALE Title to the a~ g~9, notwithstanding deli~ ther~t, remains in ~ller until Ills pumha~ price nas ~n p~d in tull. Seller Shall ~ under no II~li~y to gorch~ if deli~ of g~ ts delay~ or prevented due to le~r distur~nces, tr~a~atiOn ~ifficulties, or for ~y r~on not ~11~'~ fault, tt the d~nd from ~1 ~urces exc~s ~lle~'s avail~le supply, the ~oods to ~ ~lmte0 to PUrChaSer shall be dete~ine0 solely ~ Seller in WhiCh ~¢n[ belier shall not ~ liable for h~vlng failed to furnish ~urche~ with all or any of the goo~s Order~ by Pumha~. Purchaser ~rees to relmBu~ S~ler for ~y ~d ~1 aucn increa~d or new taxes that ~eller ~ay ~ required to ~y OF re mbur~e to other. This ~oer Is ~t binding u~ the Seller unless and until ehipp~ Or appm~d in wr ting by ~ aR ~ller'~ office ~y an officer ol Ihs comfy W~en accepted. ~, .//. e P g ~ a a 0 FlOrida. ACC~EO, MIAMI, ~o MASTER LEASE-PURCHASE AGREEMENT THIS MASTER LEASE-PURCHASE AGREEMENT, dated as of January 24, 1997 (together with all supplements, exhibits and schedules hereto hereinafter referred to as the "Lease"), between SUNTRUST BANK, CENTRAL FLORIDA, NATIONAL ASSOCIATION (hereinafter called, together with any successors and assigns "Lessor") and CITY OF DELRAY BEACH, FLORIDA, (hereinafter called "Lessee"). WITNESSETH: Section 1. REPRESENTATIONS AND WARRANTIES OF LESSEE. Lessee hereby represents and warrants to Lessor that on the date hereof and at all times during the Term (as defined in Section 3 below) hereof: (a) Lessee is a political subdivision, municipal corporation or public body corporate and politic of the State of Florida (the "State"), duly organized and existing under the Constitution and laws of the State. Lessee is authorized under the Constitution and laws of the State to enter into this Lease and the transactions contemplated hereby, and to perform all of its obligations thereunder. (c) Lessee has duly authorized and approved the execution and delivery of this Lease and aH other documents related to the transactions contemplated hereby, and this Lease constitutes a legal, valid and binding obligation of the Lessee, enforceable against the Lessee in accordance with' the terms hereof except as limited by applicable bankruptcy laws or other laws affecting the enforcement of creditors' rights generally. (d) Each officer or representative of Lessee executing this Lease has been duly authorized to execute and deliver this Lease and related documents under the terms and provisions ora resolution of Lessee's governing body, or by other appropriate official action. (e) Lessee has complied with all open meeting laws, all public bidding laws and all other State and Federal laws applicable to this Lease and has obtained all approvals necessary for the execution, delivery and performance of this Lease and the transactions contemplated hereby. (f) Neither the execution and delivery hereof, nor the fulfillment of, or compliance with, the terms and conditions hereof, nor the consummation of the transaction contemplated hereby, will conflict with, constitute a breach of, or default under, the Constitution and laws of the State, or the rules of procedure of the Lessee or any .indenture, agreement or other instrument to which the Lessee is a party or by which it is bound, or any constitutional or statutory provision, or order, rule regulation, -1- decree or ordinance of any court, government or governmental body to which the Lessee or any of its other properties are subject. (g) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the best of the Lessee's knowledge, threatened against the Lessee, wherein an unfavorable ruling or filing would adversely affect the validity or enforceability of this Lease or any other instrument contemplated for use in consummating the transactions contemplated hereby, or the exclusion of the portion of the Rent Payments (as defined in Section 3 below) representing interest from gross income for purposes of federal income taxation, or would materially and adversely affect any of the transactions contemplated by this Lease. (h) The Equipment (as defined in Section 2 hereof) at all times will be used by the Lessee for the purpose of performing a public function and the acquisition of the Equipment by the Lessee shall be necessary, useful or appropriate to one or more governmental purposes of the Lessee. Section 2. LEASING. (a) Subject to the terms and conditions set forth below, Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the Equipment described in the Description of Equipment delivered from time to time as described below, including all repairs, replacements, substitutions and modifications to the same (the "Equipment"). (b) The Lessor may from time to time, at the request of Lessee, provide funds to acquire Equipment from the manufacturer or supplier thereof ("Supplier") for lease hereunder. The obligation of Lessor to lease Equipment hereunder shall be subject to the representations and warranties of Lessee contained herein being true and accurate throughout the term hereof and further conditioned on receipt by Lessor of each of the following documents in form and substance satisfactory to Lessor: (i) a Description of Equipment describing such Equipment executed by Lessor and Lessee (the "Description of Equipment"); (ii) an Amortization Schedule setting forth the Rent payable with respect to such Equipment (the "Amortization Schedule"); (iii) a Schedule of Terms setting forth additional terms applicable to the lease of such Equipment executed by Lessor and Lessee (the "Schedule of Terms"); (iv) copies of insurance policies or, at Lessor's option, such other evidence of insurance which complies with the requirements of Section 11; (v) bills of sale, titles or other appropriate evidence of ownership or invoices for amounts due; -2- I~'? ~I~I~YBC}.BMI~A. FIN (RI~V. 12/11/96) (vi) an opinion of counsel for Lessee; (vii) a copy of Internal Revenue Service Form 8038, 8038-G or 8038-GC (as applicable) completed and executed by Lessee; (vih') an Officers' Certificate of Lessee; (ix) a duly adopted resolution or evidence of other appropriate approving action of Lessee approving the acquisition of such equipment; (x) executed and completed Form 2003/2004, as applicable, of the Division of Bond Finance of the State of Florida; (xi) a Certificate of Acceptance; and (xii) such other documents as Lessor may reasonably request. Ail references herein to the Description of Equipment, Amortization Schedule or the Schedule of Terms for Equipment is a reference to such schedule as was executed in connection with the lease of such item of Equipment. (c) Lessor hereby appoints Lessee its agent for purchase, inspection and acceptance of the Equipment from the manufacturer or supplier. Subject to the above-stated conditions, upon execution by Lessee of a Certificate of Acceptance in the form provided by Lessor, the Equipment described thereon shall be deemed to have been delivered to, and irrevocably accepted by, Lessee for lease hereunder. Section 3. TERM, RENT AND PAYMENT. (a) The rent ("Rent") payable hereunder with respect to all Equipment set forth in a Description of Equipment shall commence on the date set forth in the corresponding Schedule of Terms (the "Commencement Date"). The term ("Term") of this Lease with respect to such Equipment shall commence on the Commencement Date and shall terminate upon the occurrence of the first of the following events: 1. the exercise by Lessee of its option to purchase Lessor's interest in such Equipment pursuant to Section 18 hereof; 2. the payment by Lessee of all Rent and other amounts required to be paid by Lessee hereunder with respect to such Equipment; 3. upon the occurrence of an Event of Nonappropriation (as that term is defined in subparagraph (c) hereof) with respect to any Equipment, the last day of the Budgetary Period set forth in the Schedule of Terms for which an appropriation has been made, subject to Lessor's election to not terminate this Lease with respect to Equipment for which an appropriation has been made; -3- WPFR,F.,8~EIJIA~A.FIN 0~V. 12/l 1/96) 4. an Event of Default by Lessee and Lessor's election to terminate this Lease pursuant to Section 21 hereof} or 5. payment of all monies owed pursuant to a Casualty Occurrence with respect to such Equipment under Section 10 hereof. (b) Rent shall be paid to Lessor at its address noted in the Schedule of Terms, except as otherwiSe directed by Lessor. Payments of Rent shall be in the amount, payable at such intentals and shall be due in accordance with the provisions of the Amortization Schedule and Schedule of Terms (Each payment of Rent is hereinafter referred to as a "Rent Payment"). Lessor may change the location to which the Rent Payments are to be paid by noting such change on any invoice to Lessee or by sending Lessee notice in writing of such change. A portion of each Rent Payment is paid as, and represents, interest as reflected on the Amortization Schedule. The obligation of the Lessee to pay the amounts required herein shall constitute a current expense of the Lessee and shall not in any way be construed to be a debt of the Lessee in contravention of any applicable constitutional, statutory or charter limitations or requirements concerning the creation of indebtedness of the Lessee. THE PAYMENTS DUE UNDER THIS LEASE ARE TO BE MADE ONLY FROM THE LESSEE'S LEGALLY APPROPRIATED FUNDS ON AN ANNUAL BASIS, AND NEITHER THE LESSEE, THE STATE OF FLORIDA, NOR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL BE OBLIGATED TO PAY ANY SUMS DUE HEREUNDER FROM THE COMPELLED LEVY OF AD VALOREM OR OTHER TAXES EXCEPT FROM THOSE FUNDS LEGALLY APPROPRIATED BY THE LESSEE ON AN ANNUAL BASIS, AND NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POWER OF THE LESSEE, THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF ARE PLEDGED FOR PAYMENT OF SUCH SUMS DUE UNDER THIS LEASE. This Lease and the indebtedness evidenced hereby shall not constitute a lien upon the Equipment, or any Part thereof, or on any other property owned by or within the jurisdictional limits of Lessee. (c) Lessee shall have the right to terminate its obligation to make Rent Payments with respect to any Equipment at the end of any Budgetary Period (as that term is defined in the Schedule of Terms, in the manner and subject to the terms of this subsection (c), ifLessee's governing body does not appropriate money sufficient to pay the Rent Payments and reasonable estimated expenses hereunder coming due for the next Budgetary Period with respect to such Equipment (such termination hereina_qer an "Event of Nonappropriation"). Upon the occurrence of an Event of Nonappropriation, Lessee shall not be responsible for the payment of any Rent Payments with respect to such Equipment coming due during any subsequent Budgetary Period. Upon the occurrence of an Event of Nonappropriation as 'provided in this subsection, this Lease shall terminate and Lessee covenants to surrender and deliver possession of the Equipment to Lessor in accordance with the WPIrII,F~~~~ (R.EV. 12/I 1/96) provisions of Section 12. Provided, however, that Lessor may elect to continue to lease hereunder any Equipment for which an appropriation has been made. Section 4. TAXES. Lessee shall report and pay promptly from legally available revenues all taxes, fees and assessments due, imposed, assessed or levied against the Equipment (or the purchase, ownership, delivery, leasing, possession, use or operation thereof), this Lease (or any rentals or receipts hereunder), or Lessor or Lessee in connection with this Lease, by any foreign, federal, state or local government or taxing authority including, without limitation, all license and registration fees, and all sales, use, personal property, excise, gross receipts, franchise, stamp or other taxes, imposts, duties and charges, together with any penalties, fines or interest thereon (all here~a~er called "Taxes"). Lessee shall reimburse Lessor upon receipt of written request for reimbursement for any Taxes charged to or assessed against Lessor, and on request of Lessor, submit to Lessor written evidence Of LesSee's payment of Taxes. Lessee shall have no liability for taxes imposed by the United States of America or any State or political subdivision thereof which are on or measured by the net income of Lessor. Section 5. FINANCIAL INFORMATION; REPORTS. Lessee will provide Lessor with (i) audited financial statements (including, without limitation, a balance sheet, a statement of revenues, expenditures and change in fund balance) within 210 days al~er the end of each Budget Year, (ii) a copy of its annual budget within 45 days after approval by Lessee, and (iii) such other financial information as requested in writing by Lessor. Lessee will also provide Lessor with the following in writing within the time periods specified: (a) notice of tax or other lien which attaches to Equipment within ten (10) days of Lessee's obtaining knowledge of such attachment and such additional information with respect to the tax or lien promptly upon request of Lessor; (b) notice to Lessor of any change in location of the Equipment outside of the jurisdictional limits of Lessee, ten (10) days prior to any such relocation; (c) copies of the insurance policies or other evidence of insurance required by the terms hereot~ promptly upon request by Lessor; (d) copies of all information, logs, documents and records regarding or in respect to Equipment and its use, maintenance and/or condition, within ten (10) days of such request; (e) a certificate of the authorized officer of Lessee stating that he has reviewed the activities of Lessee and that, to the best of his knowledge, there exists no default (as described in Section 20) or event which with notice or lapse of time (or both) would become such a default; (f) copies of any manufacturer's Warranties, Promptly upon request; (g) evidence of Lessee's compliance with maintenance provisions of Section 8 hereof upon request of Lessor; (h) notice of any anticipated occurrence of an Event of Nonappropriation, if practical, thirty (30) days prior to such occurrence; (i) notice of an occurrence of an Event of Nonappropdation within five (5) days of such occurrence; 0) proof of appropriation for the ensuing Budgetary Period in a form acceptable to Lessor upon request; and (k) any other documents or reports required by any addenda hereto or reasonably requested by Lessor. Section 6. TITLE AND QUIET ENJOYMENT. (a) Legal title to the Equipment shall, for the convenience of both parties, be titled in the Lessee. Lessee covenants to promptly return the Equipment to Lessor as -5. (REV. 1~11/96) provided in Section 12 upon the occurrence of an Event of Nonappropriation, or upon the occurrence of an Event of Default and Lessor's election to terminate this Lease pursuant to Section 21 hereof. Title to the Equipment shall vest absolutely with Lessee upon payment of all Rent due hereunder. (b) So long as Lessee is not in default under this Lease, Lessor covenants and agrees that it will not interfere with Lessee's quiet enjoyment of the Equipment subject to, and in accordance with, the provisions hereof. Section 7. DELIVERY, REGISTRATION, USE AND OPERATION. (a) The Equipment shall be delivered directly from the Supplier to Lessee. (b) Lessee, at its own cost and expense, shall cause title of the Equipment to be placed in the name of Lessee by appropriate documentation. (c) The possession, use and operation of the Equipment shall be at the sole risk and expense of Lessee. Lessee agrees that the Equipment will be used and operated in compliance with any and all statutes, laws, ordinances, regulations and standards or directives issued by any governmental agency applicable to the use or operation thereof, in compliance with any license or registration relating to the Equipment issued by any agency and in a manner that does not modify or impair any existing warranties on the Equipment or any part thereof. Lessee will operate the Equipment solely for governmental use. Section 8. MAINTENANCE. (a) Lessee agrees that the Equipment will be maintained in compliance with any and all statutes, laws, ordinances, regulations and standards or directives issued by any governmental agency applicable to the maintenance thereof, and in a manner that does not modify or impair any existing warranties on the Equipment or any part thereof. (b) Lessee shall maintain, inspect, service, repair, overhaul and test the Equipment in accordance with (i) all maintenance manuals initially furnished with the Equipment, including any subsequent amendments or supplements to such manuals issued by the manufacturer fi.om time to time, and (ii) all recommended "Service Bulletins" issued, supplied, or available by or through the manufacturer and/or the manufacturer of any part with respect to the Equipment. Lessee shall maintain all records, logs and other materials required by the manufacturer thereof for enforcement of any warranties. All maintenance procedures required hereby shall be undertaken and completed in accordance with the manufacturer's recommended procedures, and by properly trained, licensed, and certificated maintenance sources and maintenance personnel, so as to keep the Equipment in as good operating condition as when delivered to Lessee hereunder, ordinary wear and tear excepted. (c) Lessee agrees to notify Lessor in writing thirty (30) days prior to making any material change in the eonflguration, appearance and coloring of the Equipment WPFILF~,,iUN'IXDELRAYBCl-/kMLPA. FIN (REV. I 2/11/96) fi.om that in effect at the time the Equipment is accepted by Lessee hereunder, and in the event of such change or modification of configuration, coloring or appearance, to restore, upon request of Lessor, the Equipment to the configuration, coloring or appearance in effect on the Commencement Date or, at Lessor's option, to pay to Lessor an amount equal to the reasonable cost of such restoration. (d) Lessee shall be entitled fi.om time to time during the Term of this Lease to acquire and inStall on the Equipment at Lessee's expense, any additional accessory, devise or equipment as Lessee may desire (each such accessory, devise or equipment, an ~Addition"), but only so long as such Addition does not alter or impair the originally intended function or use of the Equipment, and can be readily removed by Lessee prior to the return of the Equipment. Lessee shall repair all damage to the Equipment resulting from the installation or removal of any Addition so as to restore the Equipment to its condition prior to installation, ordinary wear and tear excepted. (e) Any alteration or modification (each an "Alteration") with respect to the Equipment that may at any time during the Term of this Lease be required to comply with any applicable law or any governmental rule or regulation shall be made at the expense of Lessee. Any repair made by Lessee of or upon the Equipment or replacement pans installed thereon in the course of repairing or maintaining the Equipment, or any Alteration required by law or any.governmental rule or regulation, shall be deemed an accession and shall become a part of the Equipment. (f) Except as permitted under this Section 8, Lessee will not modify the Equipment or affix or remove any accessory to the Equipment leased hereunder without Lessor's consent. Section 9. LIENS, SUBLEASE AND ASSIGNMENT. (a) Lessee shall not sell, transfer, assign or encumber the Equipment or Lessor's rights under this Lease and shall not sublet or part with possession of the Equipment or any part thereof. Lessee shall keep the Equipment and any part thereof free and clear of all liens and encumbrances other than those which result from (i) the respective rights of Lessor and Lessee as herein provided; (ii) liens arising fi.om the acts of Lessor; (iii) liens for'taxes not yet due; and (iv) inchoate materialmen's, mechanics', workmen's, repairmen's, employees' or other like liens arising in the ordinary course of business of Lessee for sums not yet delinquent or being contested in good faith (and for the payment of which adequate assurances in Lessor's judgment have been provided Lessor). (b) All of Lessor's right, title and/or interest in and to this Lease, the Rent Payments and other amounts due hereunder and the EquiPment may be assigned and reassigned in whole or in part to one or more assignees or subassignees at any time, without the consent of Lessee. No such assignment shall be effective as against · Lessee unless and until the Lessor or assignor, as the case may be, shall have filed with Lessee a copy or written notice thereof identifying the assignee. All Rent Payments due hereunder shall be paid to Lessor at the address set forth herein or -7- WI'I~IISVMIJIqlXE)tU..RAYBL"I-IXIv~FIIq (l~EV.12tl ltV6) at the direction of Lessor or assignee designated in the most recent notice of assignment filed with Lessee, such other address as Lessor or assignee directs. Upon such assignment, Lessee shall provide notice thereof to all insurers and shall cause the insurance policies as required by Section 11 hereof to be modified to protect the assignees. (c) This Lease shall inure to the benefit of and shall be binding upon the Lessor and the Lessee and their respective successors and permitted assigns. Section 10. LOSS, DAMAGE AND STIPULATED LOSS VALUE. Lessee hereby assumes and shall bear the entire risk of any loss, theft, confiscation, expropriation, requisition, damage to, or destruction of, the Equipment, or any part thereof from any cause Whatsoever. Lessee shall promptly and fully notify Lessor in writing if Equipment shall be or become worn out, lost, stolen, confiscated, expropriated, requisitioned, destroyed, irreparably damaged or permanently rendered unfit for use from any cause whatsoever (such occurrences being hereinafter called "Casualty Occurrences"). In the event that, in the opinion of Lessor, a Casualty Occurrence has occurred which affects only a portion of an item of the Equipment, then Lessee, at its own cost and expense, shall replace such portion with a replacement part acceptable to Lessor. In the event that, in the opinion of Lessor, a Casualty Occurrence has occurred in respect to an item of Equipment in its entirety, on the Rent Payment date next succeeding a Casualty Occurrence (the "Payment Date"), Lessee shall pay Lessor the sum of (i) an amount equal to the portion of the Prepayment Price applicable to the affected Equipment for the time period of the Casualty Occurrence; and (ii) all Rent Payments and other amounts which are due or accrued hereunder as of the Payment Date. Upon payment ofall sums due hereunder, the Term of this Lease as to the item of Equipment shall terminate, and Lessee shall be entitled to retain possession of such Equipment. Section 11. INSURANCE. In the event that the City is not self-insured, Lessee agrees to keep the Equipment insured, at its own expense, in the manner and amounts set forth in the Schedule of Terms and as provided herein. Such insurance shall (i) name Lessor as additional insured and have a loss payable clause in favor of Lessor,. as its interest may appear, irrespective of any breach of warranty or other act or omission of Lessee; (ii) not be subject to any co-insurance clause; and (iii) provide that it may not be altered or Canceled by the insurer until after thirty (30) days written notice to Lessor. Any expense of Lessor in adjusting or collection insurance shall be borne by Lessee. Lessee shall not make adjustments with insurers except (a) with respect to claims from damage to an item of Equipment where the repair costs do not exceed ten peri:ent (10%) of such unit's fair market value, or (b) with Lessor's written consent. Lessor may, at its option, apply proceeds of insurance, in whole or in part, to repair or replace the damaged or lost item of Equipment or any portion thereof, or to satisfy any obligation of Lessee to Lessor hereunder. In addition to property and liability insurance referenced above, if required by State law, Lessee shall carry workmen's compensation insurance covering all employees on, in, near or about the Equipment, and upon request shall furnish to Lessor certificates evidencing such coverage. Lessee may self-insure for some or all of the above-referenced public liability, property, and casualty damage risks. -8- %VPFII~S~IIJNI~DELRA~C~ (REV.I ?il 1/96) If Lessee is covered under a program of self-insurance, Lessee shall provide Lessor with a letter from its insuring authority certifying to the existence of a continuing self-insurance program which meets the requirements of applicable law. In such event, Lessee shall provide a minimum of ten (10) days written notice to Lessor of any material change or cancellation of said self-insurance program. In the event that such self-insurance program is unavailable or terminated, Lessee agrees to procure and maintain with a carrier authorized to do business in Florida and acceptable to Lessor, which acceptance shall not be unreasonably withheld, all insurance required hereby, including fire, theft, and extended coverage insurance on the Equipment, insuring the full insurable value against risk of loss or damage and providing for a minimum of ten (10) days written notice of material change or cancellation to Lessor. Lessee shall provide Lessor with copies of certificates of the insurance carrier or carriers evidencing such insurance coverage. Section 12. RETURN OF EQUIPMENT. (a) Upon termination of this Lease due to an Event of Nonappropriation, or due to an Event of Default and Lessor's election to terminate this Lease (subject to Lessor's election to continue this Lease with respect to Equipment for which no Event of 'Nonappropriation has occurred), Lessee covenants to promptly return all Equipment leased hereunder to Lessor together with all logs, manuals and data, including without limitation, inspection, modification and overhaul records required to be maintained with respect hereto under this Lease or under the manufacturer's recommended maintenance program. Upon return of the Equipment, Lessee shall, upon request, assign to Lessor its rights under any manufacturer's maintenance service contract or extended warranty for the returned Equipment or any or part thereof. All expenses for return of such Equipment and delivery of the aforementioned logs, manuals and data shall be borne by Lessee. The Equipment shall be returned in the condition in which the Equipment is required to be maintained pursuant to Section 8 hereof, but with ali logos or other identifying marks of Lessee removed. (b) Upon return of the Equipment, Lessor shall arrange for the inspection of same within thirty (30) days of return to determine if such Equipment has been maintained and returned in accordance with the provisions hereof. Lessee shall be responsible for the cost of such inspeCtion and shall pay 'Lessor such amount as additional Rent within ten (10) days of demand for same. In the event that the results of such inspection indicate that such Equipment, or any part thereof, has not been maintained or returned in accordance with the provisions hereof, Lessee shall pay to Lessor within ten (10) days of demand, as liquidated damages, the estimated cost ("EStimated Cost") of servicing or repairing such Equipment, or part. The Estimated COst shall be determined by Lessor by obtaining two quotes for such service or repair work and taking the average of same. Lessee shall bear the cost, if any, incurred by Lessor in obtaining such quotes. (c) 'In the event of return of Equipment to Lessor pursuant to (a) above, Lessor shall use its best efforts to sell all or part of the Equipment upon such terms as Lessor in its reasonable judgment deems prudent. Lessor shall apply the net proceeds of -9- such sale in the following manner: (i) firstly, to reimburse Lessor for all costs associated with the removing, holding, repairing and selling of Equipment; (ii) secondly, to reimburse Lessor for Lessee's remaining obligations under the Lease including, but not limited to, the applicable Prepayment Price; and (iii) lastly, any amounts remaining therea~er shall be remitted to Lessee. (d) All of Lessor's fights contained in this Section shall survive the expiration or other termination of this Lease. Section 13. INTEREST RATE SUBJECT TO ADJUSTMENT. In setting the interest rate used in calculating the interest component of the Rent Payments set forth in the Amortization Schedule, the Lessor has taken into consideration: (a) the current Maximum Corporate Income Tax Rate, as established in Section 11 of the Internal Revenue Code of 1986, as amended (the "Code"), (b) the treatment of this Lease as a "qualified tax-exempt obligation" under Section 265 of the Code, and (c) other factors which affect tax yield to the Lessor. ShOuld there be future changes in the Code or related regulations which affect the ai~er-tax yield of Lessor, the Lessor may adjust the interest rate in order to maintain the same after-tax yield as in effect on the date hereof. As utilized in this Section, the term "Determination of Taxability" shall mean any determination, decision or decree by the Commissioner of Internal Revenue or any District Director of Internal Revenue, as such officers are identified by the Code, or any court of competent jurisdiction, or an. opinion of counsel experienced in tax matters that the interest component payable under this Lease is includable in the gross income (as defined in Section 61 of the Code) of the Lessor as a result of the occurrence of a Taxable Event (herein defined). A Determination of Taxability shall be deemed to have occurred on the first to occur of the following: (a) on that date when the Lessee files any statement, supplemental statement or other tax schedule, return or document which discloses that a Taxable Event (hereinat~er defined) shall have occurred; Co) on that date when the Lessee or the Lessor shall be advised by said Commissioner of Internal Revenue or any such District Director of Internal Revenue that, based upon (i) filings of the Lessee, (ii) any review or audit of the Lessee, or (iii) upon any ground whatsoever, a Taxable Event shall have occurred; or (c) on that date (i) when the Lessee shall receive notice from the Lessor that the Internal Revenue Service has assessed as includable in the gross income (as defined in Section 61 of the Code) of the Lessor the interest component due to the occurrence of a Taxable Event; or (ii) when the Lessee shall be advised by said Commissioner or any such District Director of Internal Revenue that the interest component is includable in the gross income of the Lessor due to the occurrence of a Taxable Event; or (iii) when the Lessee shall receive an opinion of counsel 'experienced in tax matters that the interest component is includable in gross income due to the occurrence ora Taxable Event. -10- WPFII.~.4ru'NI~ELRA~A. FIN (REV. 12/I 1/96) Az utilized in this Section, the term "Taxable Event" shall mean that event which shall cause the interest component of the Rent paid or payable under this Lease to become includable for federal income tax purposes in the gross income of the Lessor as a consequence of any act, omission or event whatsoever, Other than an act, omission or event caused by the Lessor, and regardless of whether the same was within or beyond the control of the Lessee. A Taxable Event shall be deemed to have occurred as of the earliest date on which it is alleged that interest became so includable. Ifa Determimfion of Taxability should occur, the interest portion of the Rent Payments shall be increased to the interest rate necessary to maintain the same after-tax yield as in effect on the date hereof(the "Taxable Rate"), and such increased rate of interest shall be payable from and after the date of the Event of Taxability ("Date of Taxability"). Provided, however, that if the Lessee shall elect to contest such allegation and such contest results in a final order or judgment of a court or administrative body of competent jurisdiction to the effect that a Taxable Event has not occurred and the time for any appeal of such order or judgment has expired, then no Taxable Event shall be deemed to have occurred and interest rate adjustments theretofore paid shall be refunded by the Lessor. Section 14. PERSONAL PROPERTY. The Equipment shall at all times be and remain, personal property notwithstanding that the Equipment or any part thereof may now be, or hereafter become, in any manner affixed or attached to, or embedded in, or permanently resting upon, real property or any building thereon, or attached in any manner to what is permanent as by means of cement, plaster, nails, bolts, screws, or otherwise. ~ notwithstanding the intention of the parties and the provisions of this Section 14, any person acquires or claims to have acquired any rights in the Equipment or any portion thereof by reason of such Equipment's being affixed to real property and such person seeks in any manner to interfere with the continued quiet enjoyment of the Equipment by Lessee as contemplated by this Lease, Lessee shall immediately notify Lessor in va/ting of such fact and shall seek diligently to remove the basis for any such interference. Unless the basis for such interference is waived or removed to the satisfaction of Lessor within thirty (30) days fi.om the date it is asserted, Lessee, upon written request from Lessor, shall within ten (10) days after such request pay to Lessor an amount equal to the sum of(i) an amount equal to the Prepayment Price applicable to the time period of the interference; and (ii) all Rent Payments and other amounts which are due or accrued hereunder. Upon such payment the Lease of such Equipment shall terminate and all of Lessor's title to and rights in such Equipment shall become the property of Lessee. Section 15. NET LEASE; NO SET-OFF, ETC. This Lease is a net lease. Subject to the provisions of Section 3 subsection (c) hereof, Lessee's obligation to Pay Rent and other amounts due hereunder shall be absolute and unconditional. Lessee shall nOt be entitled to any abatement or reduction of, or set-off against, said Rent or other amounts, including, without limitation, those arising or allegedly arising out of claims or disputes of Lessee against or with the manufacturer or vendor of the Equipment, any supplier of labor or materials in connection therewith, or any other person. Nor ~ this Lease terminate or the obligations of Lessee be affected by reason of any defect in or damage to, or loss of possession, use or destruction of, the Equipment, from whatsoever -11- YI~I-BlvlLPP~Fllq 0~¥.12~1 ID6) cause or breach of warranties of the manufacturer or seller of the Equipment. Subject to the provisions of S~don 3 subsection (c), it is the intention of the parties that Rent Payments and other amounts due hereunder shall continue to be payable in all events in the manner and at the times set forth herein, unless the obligation to do so shall have been terminated pursuant to the express terms hereof. Section 16, (Intentionally left blank) Section 17. DISCLAIMER. LESSl~ ACKNOWLEDGES THAT IT SHALL SELECT THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES AND THAT LESSOR LEASE THE EQUIPMENT IN AN "AS IS" CONDITION. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO CONDITION, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR 'ANY pURPoSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such. risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following, regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by the Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) therein, or any other circumstance in connection therewith; (ii) the use, operation or performance of the Equipment or any risks relating thereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of the Equipment. ~ and so long as, no default exists under this Lease, Lessee shall be, and hereby is, authorized during the Term to assert and enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment. Section 18. PURCHASE OPTION. (a) Provided that no Event of Default has occurred and is continuing hereunder, Lessee shall have the option to purchase all of Lessor's right and/or interest in and to the Equipment on any Rent Payment Date (the "Purchase Date") for the applicable Prepayment Price as set forth in the Amortization Schedule. The sale of the Lessor's interest in and to the Equipment to Lessee shall be on a AS IS, WHERE IS basis, without any recourse or warranty whatsoever as against Lessor. (b) Lessee shall give notice to Lessor of its intention to exercise its option not less than sixty (60) days prior to the Rent Payment Date on which the option is to be exercised and shall remit to Lessor on such date an amount equal to the sum of (i) -12- ~YI~AFIN CREV. 12/11/96) the Prepayment Price; and (ii) all Rent Payments and other amounts due or accrued through and including the Purchase Date. Section 19. MUTUAL COVENANT REGARDING TAX-EXEMPT STATUS. The Lessee and the Lessor mutually covenant that neither will take any action nor omit to take any actiOn with respect to this Lease, the Equipment leased hereunder, or any funds of the Lessee if such action or omission (i) would cause the interest component of the Rent to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and applicable regulations, or (ii) would cause such interest component of the Rent to lose its exclusion (if any) from alternative minimum taxable income as defined in Section 55(b)(2) of the Code except to the extent such interest is required to be included in the adjusted net book income and adjusted current earnings adjustments applicable to corporations under Section 56 of the Code in calculating corporate alternative minimum taxable income, or (iii) would subject the Lessee to any penalties under Section 148 of the Code. Subject to the Lessee's right to terminate this Lease as provided herein, the foregoing covenant shall remain in full force and effect, notwithstanding the payment in full of the Rent, until the date on which all obligations of the Lessee in fulfilling the above covenant under the Code have been met. Section 20. EVENTS OF DEFAULT. The term ~Event of Default", wherever used herein, shall mean any of the following events, whatever the reason for such Event of Default and whether it shall be voluntary or involuntary, or come about or be effected by operation of law, or be pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation or any administrative or governmental body: (a) Lessee shall fail to make any payment of Rent when the same shall become due; or (b) Lessee shall fail to keep in full force and effect insurance required under this Lease; or (c) Lessee shall or shall attempt to (except as expressly permitted by the provisions of this Lease) remove, sell, transfer, encumber, part with possession of, assign or sublet the Equipment, or any part thereof, use the Equipment for an illegal purpose, or permit the same to occur; or (d) Lessee shall breach its covenant to return the Equipment upon an Event of Nonappropriation, or upon an Event of Default and Lessor's election to terminate this lease; or (e) Lessee shall fail to perform or observe any covenant, condition or agreement not included within (a), (b), (c) or (d) above which is required to be performed or observed by it under this Lease or any agreement, document or certificate delivered by Lessee in connection herewith, and such failure shall continue for twenty (20) days atter written notice thereof from Lessor to Lessee (or, if such default cannot be corrected within twenty (20) days, shall have failed to initiate and diligently pursue appropriate corrective action); or (f) any representation or warranty made by Lessee in this Lease or any agreement, document or certificate delivered by Lessee in connection herewith or pursuant hereto shall prove to have been incorrect in any material respect when any such representation or warranty was made or given (or, if a continuing representation or warranty, at any material time); or (g) Lessee shall generally fail to pay its debts as they become due or shall file a voluntary petition in bankruptcy; or (h) a petition is filed against Lessee in a proceeding under applicable bankruptcy laws or other insolvency laws (other than any law which does not provide for or permit any readjustment or alteration of Lessee's obligations hereunder in each case), as now or hereafter in effect, and is not withdrawn or dismissed -13- ~¥BUm,MLP,~.lrlN (REV. 12211 within ninety (90) days thereat~er, or if, under the provisions of any law (other than any law which does not provide for or permit any readjustment or alteration of Lessee's obligations hereund~ in each case) providing for reorganization or liquidation of legal entities which may apply to Lessee; or (i)any court of competent jurisdiction shall assume jurisdiction, custody or control of Lessee or of any substantial part of its property and such jurisdiction, custody or control shall remain in force unrelinquished, unstayed or unterminated for a period of sixty (60) days; or (j) Lessee becomes insolvent. Section 21. REMEDIES. Whenever any Event of Default referred to in Section 20 hereof shall have occurred and be continuing with respect to the Equipment, Lessor shall have the right, at its option and without any further demand or notice, and with or without terminating this Lease, to declare all Rent Payments due or to become due during the Fiscal Year in effect when the default occurs to be immediately duc and payable by Lessee, Whereupon such Rent Payments shall be immediately due and payable. II'the Event of Default is Lessee*s breach of its covenant to return the Equipment, Lessor shall be entitled to liquidated damages equal, at its election, to (i) the Rent Payments for the Equipment pro-rated on a daily basis for each day the Equipment is retained, (ii) the daily fair market rental for thc Equipment, or (iii) compensatory damages for any loss suffered by Lessor as a result of Lessee's failure to surrender the Equipment. Any judgment for damages shall be payable solely from legally available funds of the Lessee, and Lessor shall not have the power to require levies of ad valorem taxes in the future to pay Rent Payments. The remedies provided to Lessor herein shall be the sole and exclusive remedies exercisable by Lessor in an Event of a Default by Lessee hereunder. Lessee shall in no event have the fight to involuntarily dispossess Lessee of the Equipment or title thereto. Lessor and Lessee do not intend to create a security interest in any Equipment. No delay or omission to exercise any right or remedy accruing hereunder shall impair any such right or remedy or shall be construed to be a waiver thereof, but any such right and remedy may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Lease it shall not be necessary to give any notice, other than such notice as may be required in this Lease. In the event any agreement contained in this Lease should be breached by either party hereto, and thereafter such breach should be waived by the other party hereto, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. In the event that there is an Event of Default and the nondefaulting party should employ attorneys and/or incur expenses for the collection of moneys or the enforcement of performance or observance of any obligation or agreement on the part of the defaulting party herein contained, thc defaulting party agrees that it will on demand therefor pay to the nondefaulting party the reasonable fee of such attorneys and/or such expenses so incurred by thc nondefaulting party. -14- (REV. 12/I !~) ~henever any Event of Default referred to in Section 20, Clause (a) hereof shall have occurred and be continuing with respect to the Equipment, Lessor shall have the fight, at its option and without any further demand or notice, to require a late payment charge for each ~ 00) day period or part thereof during which such Event of Default occurs equal to one and One-half'percent (1½%) of the delinquent amount, and Lessee shall be obligated to pay the same immediately upon receipt of Lessor's written invoice therefor; provided, however, that this provision shall not be applicable if or to the extent that the application thereof would affect the validity of this Lease. Section 22. (Intentionally left blank) Section 23. EXECUTION AND LAWS GOVERNING VENUE. This Lease and each of the exhibits hereto shall be binding only when accepted by the Lessor at its Orlando, Florida office and shall be construed and governed by the Laws of the State of Florida. As part of the consideration for the Lessor's executing this Lease, Lessee agrees that all actions or proceedings arising directly or indirectly from this Lease shall be litigated only in courts having its suits within Palm Beach County, Florida. Section 24. MISCELLANEOUS. (a) Any cancellation or termination by Lessor, pursuant to the provisions of this Lease, any exhibit, supplement or amendment hereto, or the release of the Equipment hereunder, shall not release Lessee fi.om any then outstanding obligations to Lessor hereunder. All exhibits, certificates, consents and other attendant documents referenced herein are incorporated herein by reference. (b) Time is of the essence. Lessor's failure at any time to require strict performance by Lessee of any of the provisions hereof shall not waive or diminish Lessor's right thereafter to demand strict compliance therewith. (c) All notices, certificates or other communications hereunder shall be in writing and deemed given when delivered or mailed by certified or registered mail, postage prepaid, to the respective addresses set forth in the Schedule of Terms. The Lessee and the Lessor may designate by written notice any further or different addresses to which subsequent notices, certificates or other communication shall be sent. (d) If the date for making any payment or the last day for performance of any act or the exerds'mg of any fight, as provided in this Lease, shall be a legal holiday, or a day on which banking institutions in the city in which the principal office of the Lessor or the assignee of the Lessor is located are authorized by law to remain closed, such payment may be made, or act performed, or fight exercised on the next suecx~ing day not a legal holiday or a day on which such banking institutions are authorized by law to remain dosed, with the same force and effect as if done on the date otherwise specified herein. (e) In the event that any provision of the Lease (other than the requirement of(i) the Lessee to make Rent Payments; (ii) the requirement &the Lessor to provide quiet -15- WI~"ILF~~~AFIN (REV. 12/11/96) enjoyment of the Equipment and; (iii) to convey the Equipment to the Lessee under the conditions set forth herein) shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Any provisions in this Lease which are in conflict with any statute, law or applicable rule shall be deemed omitted, modified or altered to conform thereto. (0 This Lease may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. (g) The substantive law, but not the choice of law rules, of the State of Florida, and rules and regulations issued pursuant thereto, shall be applied in the interpretation and enforcement hereof. (h) The captions and headings herein are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Lease. (i) The signatories affmn that to their knowledge, no employee of the Lessee has any personal or beneficial interest whatsoever in the acquisition of the Equipment. (j) This LeaSe constitutes the entire agreement of the parties with respect to the subject matter hereof. NO VARIATION OR MOD~ICATION OF THIS LEASE, OR ANY WAIVER OF ANY OF ITS PROVISIONS OF CONDITIONS, SHALL BE VALID UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EACH OF THE PARTIES HERETO. Any such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations or warranties, express or implied, not stated hereunder. No variation or modification of this Lease, or waiver of any of its provisions or conditions shall be valid after assignment by either party unless approved by assignee. -16- l~e/s~xi~.~aylJ1~ ~A.Fllq (I~V. ! 2/I I/96) IN WITNESS WHEREOF, Lessee and Lessor have caused this Lease to be executed by their duly authorized representatives as of the date first above written. ..'.c ~ .¥ ~- ,. ~ '..~.:/. S~UST $[h:~ '~ ~ NAT L ASSOC~TION ?:,~,~ -. ~?: ..:. Colby L. Burba~, III ",.'". ..... · .... ," First Vice President LESSEE: CITY OF DELRAY BEACH, FLORIDA (SEAL) By: Jay Alpedn Mayor Attested: By: Alison MacGregor-Harty City Clerk Approved by Lessee's Attorney as to form and correctness: By: pl~., City Attorney -17- OFFICERS' CERTIFICATE We, the undersigned officers of the City of Delray Beach, Florida (the "Lessee"), DO ItEREBY CERTIlzY, in connection with the execution of the Master Lease-Purchase Agreement dated as of January 24, 1997 between the Lessee and SunTrust Bank, Central Florida, National Association (the "Bank") (the "Lease- Purchase Agreement"), that (1) Each member of the governing body of the Lessee has been duly elected or appointed and continues to serve within the term of office established by law. (2) Alison MacGregor-Harty is the duly appointed, qualified and acting Clerk of the Lessee, and Joseph Safford is the duly appointed, qualified and acting Finance Director of the Lessee. Joseph Safford is the officer of the Lessee with the responsibility of submitting the proposed annual budget of the Lessee (the "Budget Officer"). (3) The undersigned Jay Alperin and Alison MacGregor-Harty hereby certify that they executed and attested, respectively, the Lease-Purchase Agreement. (4) Those Officers who executed the Lease-Purchase Agreement were and are the duly chosen, qualified and acting officers authorized to execute the Lease-Purchase Agreement as indicated by the official titles opposite our signatures hereunder, and the seal impressed upon this certificate is the legally adopted, proper and only official seal of the Lessee. (5) The Lessee has sufficient moneys available to pay all rental payments owing under the Lease° Purchase Agreement (the "Rent Payments") coming due during the current budget year of the Lessee, such moneys having been properly budgeted and appropriated for that purpose in accordance with the laws of the State of Florida (the State); such moneys will be applied in payment of all Rent Payments due and payable during such current budget year; the Lessee expects and anticipates adequate funds to be available, budgeted and appropriated in future years to make all future Rent Payments throughout the maximum term of the Lease-Purchase Agreement. (6) The lease of the Equipment (as described in the Description of Equipment) is essential to the governmental functions of the Lessee, and the Lessee has an immediate need for the Equipment which is not temporary or expected to diminish during the maximum term of the Lease-Purchase Agreement. (7) The Lessee has complied with all open meeting laws, all public bidding laws and all other State and Federal laws applicable to the acquisition of the Equipment. (8) The Equipment will be used by the Lessee for the purpose &performing one or more of the Lessee's governmental functions consistent with the permissible scope of the Lessee's authority. (9) The Lessee is exempt from all personal property taxes and is exempt from sales and/or use taxes with respect to the Equipment and the Rent Payments. (10) No litigation or other proceedings are pending or, to our knowledge, threatened, in or before any agency, court or tribunal, state or federal (i) restraining or enjoining or seeking to restrain or enjoin the execution or delivery of the Lease-Purchase Agreement and any other I: W~B8 ~NI~.~ YI~2HXOFFIt2F~ CRT (REV. 12./3CV94) documents or certificates executed by the Lessee in connection therewith or to carry out the purpose thereof (the "Lease Documents"), (ii) contesting or affecting the validity of any provision of the Lease Documents, (iii) contesting or affecting the validity of any of the proceedings or the authority for the authorization, execution or delivery of the Lease Documents, (iv) contesting or affecting the existence of the Lessee or the title of any of its officers to their respective offices or any powers of the Lessee under the laws of the State of FlOrida, or (v) contesting or affecting the tax-exempt status of the interest portion of the Rent Payments. (11) The undersigned officers have no knowledge of any legislation adopted by the prior or current Session of the Florida Legislature that restricts or otherwise adversely affects the Lessee's power to execute and deliver the Lease-Purchase Agreement or its ability to pay the Rent Payments. (12) The execution, delivery, receipt and due performance of the Lease Documents and the Lessee's compliance with the provisions thereof will not conflict with or constitute on the Lessee's part a breach or a default under any existing law, court or administrative regulation, decree or order, or any agreement, indenture, lease or other instrument, decree or order or 'any agreement, indenture, lease or other instrument to Which the Lessee is subject or by which the Lessee is or may be bound. (13) The Lessee has designated the obligation to lease the Equipment pursuant to the Lease- Purchase Agreement to make Rent Payments on the Equipment (the "Lease Obligation") as a "qualified tax-exempt obligation" within the provisions of Section 265 of the Internal Revenue Code of 1986. The Lessee does not reasOnably anticipate issuing more than $10,000,000 of tax-exempt obligations (including those obligations of any entities controlled by the Lessee), including the obligation to lease the Equipment pursuant to the Lease- Purchase Agreement, during the current calendar year. (14) This Section sets forth facts and estimates affecting the exclusion of the interest portion of the Rent Payments from the gross income of the Lessor thereof, and the facts and estimates upon which the Lessee bases its reasonable expectation that the obligation to lease the Equipment pursuant to the Lease-Purchase Agreement (the "Lease Obligation") does not create an arbitrage bOnd under Section 148 of the Internal Revenue Code of 1986, as amended (the ~Code"), and applicable Treasury Regulations. (a) The proceeds of the Lease Obligation will be disbursed directly by the Bank to or at the direction of the Lessee to pay the cost of the Equipment. No costs of issuance will be paid from the proceeds of the Lease Obligation. (b) The Lessee has not accumulated nor does it expect to accumulate amounts of money in a fund to pay or to be held as security for the payment of principal or of interest on the Lease Obligation. (c) No portion of the proceeds of the Lease Obligation will be used as a substitute for other funds which Were otherwise to be used for the same purposes and which funds will be Used to acquire directly or indirectly obligations producing a yield in excess of the yield on the Lease Obligation. (d) There are no other obligations of the Lessee which (a) are being issued within 30 days prior to or after the date of the Lease Obligation, (b) are sold pursuant to a common -2° I:WPFILI~EI.RA~C'ER.CRT (REV. 12/30/94) plan of financing together with the Lease Obligation, and (c) will be paid out of substantially the same source of funds (or will have substantially the same claim to be paid out of substantially the same source of funds) as the Lease Obligation. (e) The Bank has agreed to purchase the Lease Obligation for outstanding principal mount thereof. No fee will be paid to any person acting as an underwriter for the Lease Obligation. (t) ~ The Lease Obligation does not create a "hedge bond" as defined in Section 149(g) of the Code, in that at least 85 percent of the proceeds °fthe Lease Obligation will be expended to carry out the governmental purpose of the issue within three years from · the date of issuance thereof, and not more than 50 percent of the proceeds will be invested in nonpurpose investments (as defined in Section 148(f')(6)(A) of the Code) having a substantially guaranteed yield of four years or more. (g) The Equipment has not been and is not expected to be sold or otherwise disposed of in whole or in part prior to the expiration of its maximum lease term. (h) The Lessee expects that (a) less than 10% of the proceeds of the Lease Obligation will be used for any private business use as defined in Section 141 of the Code, and (b) less than 5% of the proceeds of the Lease Obligation will be used for any private business use which is not related to a governmental use of the proceeds, or which is a disproportionate related business use within the meaning of Section 141 of the Code. (i). The information in the copy of the Form 8038, 8038-G or 8038-GC delivered to Lessor in connection with the Lease of the Equipment is true, correct and complete, and Lessee shall file, or cause to be filed, such Form in the appropriate Internal Revenue Service Office. (15) To the best knowledge and belief of the undersigned officer(s), there are no other facts, estimates or circumstances that would materially change the conclusions and representations set forth in the certificate and the expectations hereinabove set forth are reasonable. WITNESS our hands and the seal of the Lessee this day of ., 1997. City of Delray Beach, Florida (SEAL) Jay Alperin Mayor Alison MacGregor-Harry City .Clerk Approved by Lessee's Attorney as to form and correctness: By: pr~'nCity Attorney -3~ I: F_.LRAYBL-'H~FFICER. CRT (REV. t 2~30/94) : SCHEDULE OF TERMS A - THIS SCHEDULE OF TERMS is executed and delivered pursuant to that certain Master Lease-Purchase Agreement (the "Lease") dated as of January 24, 1997, between SUNTRUST BANK, CENTRAL FLOR1DA, NATIONAL ASSOCIATION ("Lessor"), 200 South Orange Avenue, Orlando, Florida 32801, Attention: Leasing Department, and the CITY OF DELRAY BEACH, FLORIDA ("Lessee"), 100 N. W. First Avenue, Delray Beach, Florida 33444, Attention: Equipment Cost: $131. 853.34 Number of Payments: Thirty-six (36) Frequency of Payments: Monthly Payment Due Date: Commencing February 24, 1997; thereatter on the 24th day of each month to and including January 24, 2000. Interest Rate: 5.0767% Rental: Payment Amount $ 3,956.32 Deferred Interest to Termination Date $ 10,573.61 Total Rental $142,427.52 Current Maximum Corporate Income Tax Rate: 35% Budgetary Period: October 1 through September 30 Late Payments: There will be a charge of 1.5% per month or the highest legal rate allowed on the amount of any Rent Payment which remains unpaid for ten (10) days at, er the due date. Insurance: Any insurance required pursuant to section 11 of the Lease shall include, but not be limited to, the following types and amounts of coverage, however, if Lessee is self- insured, sections A through E below shall not apply: A. PHYSICAL DAMAGE to all vehicles(s) leased under this Schedule; (1) Scope of Coverage: Comprehensive and collision coverage (2) Limits of Coverage: not less than the greater of the full replacement value of the Vehicles or the installments of rent then remaining unpaid hereunder immediately prior to the physical damage of each Vehicle leased hereunder (3) Deductible: not more than $1,000.00 per occurrence; Lessee is liable for all deductible amounts B. MOTOR VEHICLE LIABILITY: (1) Scope of Coverage: Liability coverage including, but not limited to bodily injury, death, property damage; contractual liability and personal injury -1- · (2) Limits of Coverage: Minimum liability coverages in the following amounts must be provided; $100,000 per occurrence/S300,000 aggregate per occurrence/S100,000 property damage C. PERSONAL PROPERTY coverage to all equipment leased under this Schedule: (1) Scope of Coverage: All risk, including but not limited, to flood damage if the property is located in a flood plain area as defined by applicable government authority (2) Limits of Coverage: not less than the greater of the full replacement value of the Equipment or the installments of rent then remaining unpaid hereunder immediately prior to the physical damage of each item of Equipment leased hereunder (3) Deductible: not more than $1,000.00 per occurence; Lessee is liable for all deductible amounts D. COMPREHENSIVE GENERAL LIABILITY: (1) Scope of Coverage: Comprehensive General Liability coverage: including, but not limited to bodily injury, death, and property damage, contractual liability and personal injury; (2) Limits of Coverage: Minimum liability coverages in the following amounts must be provided; $250,000 per occurrence/S500,000 aggregate per occurrence/$100,000 property damage E. LOSS PAYEE: Lessor must be named as loss payee and additionally insured on physical damage insurance. F. SELF-INSURANCE: In the event Lessee is self-insured for the purpose of personal property coverage, a Statement of Self-Insurance will be provided. Dated this day of ., 1997. LESSOR: LESSEE: SUNTRUST BANK, CENTRAL FLORIDA, NATIONAL ASSOCIATION CITY OF DELRAY BEACH, FLORIDA Colby L. Burbank, III Jay Alperin First Vice President Mayor Approved by Lessee's Attorney as to form and correctness: By: (~ '~~ ~ra~C it y Attorney WPFILFe~MU~~LII~.TRM (REV. 12/I 1/96) DESCRIPTION OF EQUIPMENT A This Description of Equipment is executed and delivered pursuant to Section 2 of the Master Lease- Purchase Agreement dated as of January 24, 1997 (the "Master Lease-Purchase Agreement") between SUnTrust Bank, central Florida, National Association ("Lessor") and the City of Delray Beach, Florida ("Lessee"). The Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the Equipment described below, located at 434 S. Swinton Avenue, Delray Beach, Florida 33~.a.a., pursuant to the terms of the Master Lease-Purchase Agreement, the terms of which are incorporated herein by reference, and as supplemented by an Amortization Schedule and Schedule °fTerms both executed by Lessor and Lessee and dated this date. Qty Description Lessor's Cost I New John Deem 690E-LC Excavator, S/N 558073, 101,554.64 #8175 Cab with Heater and (2) #8625 12Volt Batteries (160 Min. Cap). Also includes all standard equipment and specificattions plus the following: 32" Triple Semi Grousers #3165 957.10 Boom with 9'6" Arm #6575 22,440.76 (1) AT163616 24" Heavy Duty High Capacity Bucket.73 Cu. Yd. with 3,165.92 AT163542 Flare (TX310F) set of 4 installed on 24" bucket (1) AT163615 36" Heavy Duty High Capacity Bucket 1.16 Cu. Yd. 3,735.33 with AT163543 Twin Tiger (TX310WY) set of 5 installed on 36" bucket $131.853.74 Cost Basis: $131,853.74 Dated this day of ,1997. LESSOR: LESSEE: SUNTRUST BANK, CENTRAL FLORIDA, NATIONAL ASSOCIATION CITY OF DELRAY BEACH, FLORIDA Colby L. Burbank, IH Jay Alperin First Vice President Mayor Approved by Lessee's Attorney as to form and correctness: ~5.. City Attorney I: WPFIII~t JNI~DELRAYBC~UIP. LST (REV.6/I 4/94) CERTIFICATE OF ACCEPTANCE A This Certificate is given pursuant to the MASTER LEASE-PURCHASE AGREEMENT dated as of January 24, 1997 (the "Lease"), betWeen SUNTRUST BANK, CENTRAL FLORIDA, NATIONAL ASSOCIATION, as lessor (the "Lessor"), and the CITY OF DELRAY BEACH, FLORIDA, as lessee (the "Lessee"). A. The Equipment. Lessee hereby certifies that the Equipment as set forth and described in the Description of Equipment A has been delivered to Lessee, inspected by Lessee, found to be in good order and fully equipped to operate as required Under applicable law for its intended purpose, and is, on the date set forth below, new and unused and fully and finally accepted under the Lease. B. Representations by Lessee. Lessee hereby represents and warrants to Lessor that on the date hereof.' (1) The representations and warranties of Lessee set forth in the Lease and all certificates and opinions deliVered in connection therewith were true and correct in all respects when made and are true and correct as of the date hereof. (2) Lessee has satisfied or complied with all conditions precedent and requirements set forth in the Lease, which are required to be or to have been satisfied or complied with on or prior to the date hereof. (3) No Default or Event of Default under the Lease has occurred and is continuing on the date hereof. (4) Lessee has obtained, and there are in full force and effect, such insurance policies with respect to the Equipment, as such term is defined in the Lease, as are required to be obtained under the terms of the Lease. Date of Delivery and Acceptance: IN WITNESS wme~REOF, Lessee has caused this Certificate of Acceptance to be duly executed by its officers thereunto duly authorized. CITY OF DELRAY BEACH, FLORIDA By: Jay Alperin Mayor Approved by Lessee's Attorney as to form and correctness: By: t.~v, City Attorney I:~,~,'JffJK~I~D~YBCH~CCEPT.FI'N (REV. 6/13/94) AMORTIZATION SCItEDULE A SunTrust Bank, Central Florida, N.A. Payment Balance After Payment Payment Date Amount Interest principa! (Prepayment Price) Jan 24, 1997 0.00 0.00 0.00 131,853.74 Feb 24, 1997 3,956.32 557.81 3,398.51 128,455.23 Mar 24, 1997 3,956.32 543.44 3,412.88 125,042.35 Apr 24, 1997 3,956.32 529.00 3,427.32 121,615.03 May 24, 1997 3,956.32 514.50 3,441.82 118,173.21 Jua 24, 1997 3,956.32 499.94 3,456.38 114,716.83 Jul 24, 1997 3,956.32 485.32 3,471.00 111,245.83 Aug 24, 1997 3,956.32 470.63 3,485.69 107,760.14 Sop 24, 1997 3,956.32 455.89 3,500.43 104,259.71 Oct 24, 1997 3,956.32 441.08 3,515.24 100,744.47 Nov 24, 1997 3,956.32 426.21 3,530.11 97,214.36 Dec 24, 1997 3.956.32 411.27 3,545.05 93,669.31 TOTAL 43,$19.52 5,335.09 38,184.43 Jan 24, 1998 3,956.32 396.27 3,560.05 90,109.26 Feb 24, 1998 3,956.32 381.21 3,575.11 86,534.15 Mar 24, 1998 3,956.32 366.09 3,590.23 82,943.92 Apr 24, 1998 3,956.32 350.90 3,605.42 79,338.50 May 24, 1998 3,956.32 335.65 3,620.67 75,717.83 Jun 24, 1998 3,956.32 320.33 3,635.99 72,081.84 Jul 24, 1998 3,956.32 304.95 3,651.37 68,430.47 Aug 24, 1998 3,956.32 289.50 3,666.82 64,763.65 Sep 24, 1998 3,956.32 273.99 3,682.33 61,081.32 Oct 24, 1998 3,956.32 258.41 3,697.91 57,383.41 Nov 24, 1998 3,956.32 242.76 3,713.56 53,669.85 Dec 24, 1998 3,956.32 227.05 3,729.27 49,940.58 TOTAL 47,475.84 ;},747.11 43,728.73 Jan 24, 1999 3,956.32 211.28 3,745.04 46,195.70 Feb 24, 1999 3,956.32 195.43 3,760.89 42,434.81 Mar 24, 1999 3,956.32 179.52 3,776.80 38,658.01 Apr 24, 1999 3,956.32 163.54 3,792.78 34,865.23 I: YBCT-lX3.MORT AMORTIZATION SCI~EDULE A SunTrust Bank, Central Florida, N.A. Payment Balance After Payment ~Pa~yment Date Amount Interest Principal (Prepayment Price) May 24, 1999 3,956.32 147.50 3,808.82 31,056.41 Jun 24, 1999 3,956.32 131.39 3,824.93 27,231.48 Jul 24, 1999 3,956.32 115.20 3,841.12 23,390.36 Aug 24, 1999 3,956.32 98.95 3,857.37 19,532.99 Sep 24, 1999 3,956.32 82.64 3,873.68 15,659.31 Oct 24, 1999 3,956.32 66.25 3,890.07 11,769.24 Nov 24, 1999 3,956.32 49.79 3,906.53 7,862.71 Dee 24, 1999 3,956.32 33.26 3,923.06 3,939.65 TOTAL 47,475.84 1,474.75 46,001.09 Jan 24, 2000 3,956.32 16.67 3,939.65 0.00 TOTAL 3,956.32 16.67 3,939.65 GRAND TOTAL 142:427.52 .10..573,62 131 ..853.74 This Amortization Schedule is delivered pursuant to Section 2 of the Master-Lease-Purchase Agreement dated as of January 24, 1997 between SunTrust Bank, Central Florida, National Association ("Lessor"), and the CitY &Defray Beach, Florida, ("Lessee"). Dated this day of. . ,1997. LESSOR: LESSEE: SUNTRUST BANK, CENTRAL FLORIDA, CITY OF DELRAY BEACH, FLORIDA NATIONAL ASSOCIATION By: By: Colby L. Burbank, III Jay Alpefin First Vice President Mayor Approved by Lessee's Attorney as to form and correctness: By: ~. City Attorney I:WPI,11.,F~I~J .RA~ORT PAY PROCEEDS LETTER Date: January 24, 1997 To: SunTrust Bank, Central Florida, National Association Reference: Master Lease-Purchase Agreement dated January 24, 1997, (herein "Agreement") By and Between SUNTRUST BANK, CENTRAL FLORIDA, NATIONAL ASSOCIATION (as "Lessor") and CITY OF DELRAY BEACH, FLORIDA (as NLessee") The undersigned Lessee hereby requests the Lessor to pay $131,853.34 for equipment purchased and to be inclUded under the Agreement referenced above, as described below and on the attached invoices. E0uipment ' Amount Vendor (1) New John Deere 690E-LC $131,853.34 NeffMchinery, Inc. S/N 558073 Executed this day of January, 1997. By: Jay Alperin Mayor I:WPFIL~~~AY. PRO CITY ATTORNEY'S OFFICE FACSIMILE 407/278-4755~ER'S DI~CT L~E: (561) 243-7091 DELRAY BEACH ~ J~ua~ 15, 1997 ?h ityco s iono City of Delray Beac~ Florida Delray Beach, Florida 1993 SunTrust Ba~, Central Florida, Nation~ Association, Orlando, Florida Ladies and Gentlemen: I am City Attorney for the City of Delray Beach, Florida (the "Lessee") in connection with the issuance by the Lessee of a lease obligation, pursuant to the Constitution and laws of the State of Florida, and all other applicable provisions of law. The lease obligation of the Lessee is created pursuant to a Master Lease-Purchase Agreement (the "Lease-Purchase Agreement") between the Lessee and SunTrust Bank, Central Florida, National Association (the "Bank"), as Lessor, dated as of ,1997 whereby the Lessee agrees to make rental payments to the Bank during the Lessee's current budget year and subsequent budget years for which funds have been budgeted and appropriated for that purpose. The obligation of the Lessee to make such rental payments in this budget year and any subsequent budget year for which funds have been budgeted and appropriated for that purpose, shall be referred to hereinafter as the "Lease Obligation". In connection with this opinion, I have examined the Lease-Purchase Agreement, and such other documents, certificates, and proofs as I have deemed necessary for the purposes hereof. Based thereon, I am of the opinion: 1. The Lessee is duly organized and validly existing as a municipal corporation of the State of Florida with the power to adopt and perform the Lease Obligation. 2. The Lease-Purchase Agreement has been duly authorized, executed and delivered by the Lessee and, assuming due authorization, execution and delivery by the other parties thereto, constitute legal, valid and binding obligations of the Lessee. 3. The Lease Obligation is a valid and binding obligation of the Lessee payable solely from funds budgeted and appropriated for that purpose during the Lessee's then current budget year. The Lease Obligation constitutes a current expense of the Lessee and does not constitute a debt of the Lessee in contravention of any applicable constitutional, Printed o~ Recyc/e:1 Paper statutory or charter limitations or requirements concerning the creation of indebtedness. Neither the faith and credit of the Lessee nor the State of Florida is pledged in payment of the Lease Obligation. 4. No further approval, consent or authorization of, or filing with any governmental or public body or agency is required in connection with the Lessee's issuance of the Lease Obligation and the execution and delivery of the Lease-Purchase Agreement and the performance of its obligations thereunder. 5. The execution, delivery, and performance by the Lessee of the Lease- Purchase Agreement does not conflict with or constitute a breach of or default under any existing law, administrative regulatiOn, court decree, resolution, or agreement to which the Lessee is subject as of the date of closing. 6. To the best of my knowledge after due inquiry, no litigation or other proceedings are pending or threatened in any court or other tribunal of competent jurisdiction, state or federal, in any way, (1) to restrain or enjoin the execution of the Lease- Purchase Agreement or the incurrence of the Lease Obligation; or (2) questioning or affecting the validity of the Lease-Purchase Agreement, or sources of payment of the Lease Obligation; or (3) questioning or affecting.the validity of any of the proceedings for the authorization, execution, registration, issuance, or delivery of the Lease-Purchase Agreement, or the incurrence of the Lease Obligation or the acquisition of the Equipment (as defined in the Lease-Purchase Agreement); or (4) questioning or affecting the organization or existence of the Lessee or the title to office of any member of the Lessee; or (5) which, if adversely determined, would adversely affect the ability or capacity of the Lessee to perform its obligations under the Lease-Purchase Agreement. 7. To the best of my knowledge any and all applicable public bidding requirements have been met with respect to the execution and delivery of the Lease- Purchase Agreement. - 8. The Lessee is exempt from all personal property taxes and is exempt from sales and/or use taxes with respect to the transactions contemplated by the Lease-Purchase Agreement. 9. I have no knowledge of any legislation adopted by the prior or current session of the Florida Legislature that restricts or otherwise adversely affects the Lessee's power to issue the Lease Obligation or its ability to pay the rent payments due thereunder. It is to be understood that the rights of the holders of the Lease Obligation, and the enforceability of the Lease-Purchase Agreement, may be subject to the exercise of judicial discretion in accordance with general principles of equity, to the valid exercise of the sovereign police powers of the State of Florida, and of the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditor's rights heretofore or hereafter enacted. Respectfully submitted, OFFICE OF THE CITY ATTORNEY CITY OF~.DELRAY BEACH, FLORIDA By:/ Susan A. Ruby, Esq. City Attorney suntrop.llr ~.. 803~'G ~ Information Retum for Tax-Exempt Govemmental Obligations I · Under Intet~al P,e~enue Code ~ 149(e) - OMB No. 1545-0720 ~ ~ ~' ~""""/ (Note: Use Form ___~:m-G_ C/f ~/ssue pr/ce/s under $100,000.) ~I=RiZll Reportinc~ Authorit7 If Amended Return, check here · I Issuer~ma 2 Issue~'$emp~klamtflcm~numb~ Cit,,y of Delray Beach ,, .5~ : ~ 000308 3 Numbar ~ slzeet (o~ P.O. box if ~ is not deliven~d Io ~tm~t address) Room/suite 4 Report nurn~ 100 ~.W. 1st Avenue (319 - 5 City, to~n, erlX~toffice, sla~e, andZIPcode 6 Date of ._~-~__~ Delray Beach, FL 33444 1/24/97 7 Name ot~=.~ 8 CUSIP number City of Delray Beach Equipment ~,ease ?urchase n/a I=/~aill T~/pe of Is~. ue (check applicable boxes) and enter the issue price) 9 [] Educ~o. (~ac~ schedu~-see ~-~c~ons) ' 10 [] Hea~ and hosp~ (a~tach sc~ed~e-see i~) .............. 11 []T~ ........................... 12 [] Pub~cs~f~/ ........ , ' 13 [] ~ ('including sewage bonds)... - ................ 14 E] Hou~ ............................. 15 [] Ut~T~es ............................. 16 [] (~ Describe (s~. insl~uctions) · 17 If obligations are tax or other revenue anticipafJon b~ check box · [] 18' If obli~a~ions am in the form of a lease or installment s~e, check box · I-]' l'.~'~.alll Description of Obliga~ons ~eld 20 Entke,'-~-~m . ~~~~/~/~, ~1~1,8~.74 ~3~.,8~.74 1.57 years 5.0767%~.0767 ~ Uses of Proceeds of Bond Issue (includ~n9 underwriters' discount) 21 2~ p~s =~ for ~cru~ int~r~t . .................... I 22 Issuep~:eofentJreiesue(enterarnountfromllne20. column(c)) ........... l 22 I 23 Proceeds used for bOnd is.,;uance costs 0ncluding under~ite~' discount) . I 23 ! " 2.5 Proceeds allocated to reasonably required reserve or mplace~t fund . . I 2~, I to cu. r r. fund ..or issues . . .. ...... 1 29 1 ' 27 Proceed:: used to advance refund prior issues . . . ' ...... I ~.7 ~, 2~ Total (add lines 23 through 27). ........ ' ..... ' .' ........ I ~ I ~ · Nonrefundin~ pr~eecls of ~ issue (subtract line :28 fn:x~ line 22 and enter amount here)... I 29 I 131 ~ 85~. 74 ~ L~,cripti°n of Refunded Bonds (Complete this part on~ for refundin9 bonds.) 30 Enter the n~maining weighte~l average maturity of ~ bonds to be currently refunded . . · years 31 Enter the mrnainin9 weighted average maturity of ~ bonds to be advance refunded . . · years 32 Enter the last date on which the refunded bonds ~ be called... ........ · 33 Enter the date(s! the refunded bonds were issued · 35 Enterthear~untdtheb~ndsdesigna~edbytheIssuerund~.~265(b)(3)(BX~(1~(sma~Issuerexcepu~) 1351 ~.-~'~'~.'{? asa Er~a~0~ofgr~proc~.~t~dortob~~a~~,-.~tco~ac~i~.x~s) [...~...] ....... ..... ............. b If this issue is a loan made from ~e proceeds of anullt~ lax-exempt issue, check box · [] and enter the name of the issuer · ' ' and the date of the issue · ' ' 38 If the issuer has etected to pay a penalty in lieu of ad3ilxage rel3ate, checkbox ..~ . . ~ I::] ': 39 Ifthels=uerhesidentifiedahedt,~le, checkbox ........ ~' .' . ... . · [] - · ' '.. · ' - .Toseph M S~gn 1/24/97 · I~=~ · . ' 1/24/97 --I1~ D~rma~nr (~f F~n~n~ ' _ For Paperwork R Act Nol~ce, see page I of the ~ : c~. N~ ~7~-aS r~m 803~-(R.v. [lTV I]F I ELI:II:I¥ BEIICH ..... DELRAY BEACH ....... '"' "~' ' .... ': ' ' ...... "~ ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Ail,America C~ 1993 Januar~ 22, 1997 Ms. Sharon W. Robinson Division of Bond Finance State Board of Administration P.O. Box 13300 1801 Hermitage Boulevard Suite 200 Tallahassee, FL 32317-3300 Re: Lease Purchase Financing with SunTrust Corporate Equipment Leasing Dear Ms. Robinson: Enclosed please find completed Form BF2003/2004 for the above referenced lease purchase financing. 'It is my understanding that, upon receipt of the foregoing, all filing and reporting requirements will be satisfied. Please acknowledge receipt of this filing by stamping the enclosed copy of this letter and returning it to us in the enclosed self-addressed, stamped envelope. Sincerely, BEACH"~~e P h~"iD.j.Eeeror o:~~'~ c: R. S. O'Connor, Treasurer THE EFFORT ALWAYS MATTERS {~ Pdnted on Recycled Paper STATE OF FLORIDA DIVISION OF BOND FINANCE LOCAL BOND MONITORING SECTION ]]mls form represents an update and compilation of the BF2003, BF2004-A and BF2004-B forms. ' Bond Informa~on fom~ (BF2003} are required to be comp~ted by kx~ governments pursuant to Chapter 1gA-1.003. Ro~d~ Admir~s~-a~ve Code (F.~C.). ' Bond DL~c~osure forms BF2OO4-A (Compefl~ve SNe) or BF2004-B (Nego~ated Sa~e) are requked to be fi~d ~4~ He Dh4sk~ ~b~ 120 days of ~e de~ve~/ of ~e issue pursuant to Set,ohs 218.3~1)~)1 and 218.38(IXc)1. F3o~da $~tutes (F,S.), respeo~v~y. · F'mN Offic~ Stntements, if prepatec~ are required to be submEb~d pursuant to $ec~on 218.38(I). F.S.. · P~ase ¢omp~ a~l items npp~ceb~ to ~e issuer ~s prov~ed by ~e Rc~da S~s~tes. · PURSUANT TO $EC33ON 218.369, F.$., ISSUERS OF BOND AN'RC1PA13ON NOTES ARE EXEMPT FROM THESE FLUNG REQUIREMENTS. ............. BF2003 BOND INFORMATION FORM PART I. ISSUER INFORMATION 1. NAME OF GOVERNMENTAL UNIT: City of-Delray Ben. ch, Florida 2. MAILING ADDRESS OF GOVERNMENTAL UNIT OR ITS MANAGER: City Hall, 100 N.W. !st Avenue Delta7 Beach, Florida 33444 3. COUNTY(lES) IN WHICH GOVERNMENTAL UNIT HAS JURISDICTION: Palm Beach 4. TYPE OF ISSUER: COUNTY x CITY AUTHORFrY INDEPENDENT SPECL~L DISTRICT DEPENDENT SPECIAL DISTRICT SPECIFY OTHER PART !1. BOND ISSUE INFORMATION 1. NAME OF BOND ISSUE: Lease Asreement approved by City Commission 1/21/97 2. AMOUNT ISSUED: $ 131,853.74 3. AMOUNT AUTHORIZED: $ 131,853.74 4. DATEDDATE: 1/24/97 5. SALE DATE: 1/24/97 6. DELIVERY DATE: 1/24/97 7. LEGAL AUTHORITY FOR ISSUANCE: FLORIDA STATUTES Chapter 166, Florida Statutes SPECL~L ACTS None · OTHER Nnn~, 8. TYPE OF ISSUE: . .. GENERAL OBLIGATION m SPEC~L ASSESSMENT SPEC~L OBLIGATK)N REVENUE _ COP (CERT]P3C^TE OF PART~ClPA33ON) . .x LEASE-PURCHASE .. BANK LOAN/LINE OF CREDIT 9. ~ IS THIS A PRIVATE ACq3VTrY BOND (PAB)? YES ~ . NO B. 1. IF YES, DID THIS ISSUE RECEIVE A PAB ALLOCATION? YES NO 2. IF YES, AMOUNT OF ALLOOA33ON: $ 10. SPECIFIC REVENUE(S) PLEDGED: (1) PRIMARY Legal Appropriation Made Annually (2) SECONDARY None (3) OTHER(S) None '11 ~ PURPOSE(S) OF THE ISSUE: (1) PRIMARY Exhibit A (2) SECONDARY (3) OTHER(S) B. IF PURPOSE IS REFUNDING, COMPLETE THE FOLLOWING: (1) FOR EACH ISSUE REFUNDED LIST: NAME OF ISSUE, DATED DATE, ORIGINAL PAR VALUE (PRINCIPAL AMOUNT) OF ISSUE, AND AMOUNT OF PAR VALUE (PRINCIPAL AMOUNT) REFUNDED. N/A (2) REFUNDED DEBT HAS BEEN: RETIRED OR DEFEASED (3) A. DID THE REFUNDING ISSUE CONTAIN NEW MONEY? . YES NO B. IF YES, APPROXIMATELY WHAT PERCENTAGE OF PROCEEDS IS NEW MONEY? 12. TYPE OF SALE: COMPETITIVE BID x NEGOTIATED NEGOTIATED PRIVATE PLACEMENT 13. BASIS OF INTEREST RATE CALCULATION, I.E., INTEREST RATE USED TO STRUCTURE THE BOND ISSUE: NET INTEREST COST RATE (NIC) 5. 0767 % TRUE INTEREST COST RATE (TIC) % CANADIAN INTEREST COST RATE (CIC) ~ % ARBITRAGE YIELD (ARBI) SPECIFY OTHER: 14. INSURANCE/ENHANCEMENTS: AGIC AMBAC CGIC CLIC FGIC FSA HUD ~ MBIA ..... NGM LOC(LETTER. OF CREDIT) SPECIFY OTHER None x NOT INSURED 15. RATING(S): . .. MOODY'S S & P . FITCH . DUFF&PHELPS SPECIFY OTHER None x NOT RATED 16. DEBT SERVICESCHEDULE: ATTACH COMPLETE COPY OF SCHEDULE PROVIDING THE FOLLOWING INFORMATION: . MATURITY DATES (MO/DAY/YR) COUPON/INTEREST RATES Exhibit B ANNUAL INTEREST PAYMENTS PRINCIPAL (PAR VALUE) PAYMENTS MANDATORY TERM AMORTIZATION 17. LIST OR ATrACH OPTIONAL REDEMPTION PROVISIONS: Prepayable in whole or in part without oenaltv Der the amprtization ~¢h~ule 18. PROVIDE THE NAME AND ADDRESS OF THE SENIOR MANAGING UNDERWRITER OR SOLE PURCHASER. P.O. Box 3010 Orlando FL 32802 PROVIDETHE NAME(S) AND ADDRESS(ES) OF ANY ATI'ORNEY OR FINANCIAL CONSULTANT WHO ADVISED THE UNIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND ISSUE. - ~..,x N BOND COUNSEL x NO FINANCIAL ADVISOR x NO OTHER PROFESSIONALS BOND COUNSEL(S): FINANCIAL ADVISO R(S}/CONSULTANT(S): OTHER PROFESSIONALS: 20. PAYING AGENT x NO PAYING AGENT 21. REGISTRAR x NO REGISTRAR 22. COMMENTS: PART IlL RESPONDENT INFORMATION FOR ADDITIONAL INFORMATION. THE DIVISION SHOULD CONTACT: Name and T~le Joseph M. Safford, Director of Finance Phone (~61) 243 7116 Company Delray. Beach, FL 33444 INFORMATION RELATING TO PARTY COMPLETING THIS FORM (If different from above): Name and T~le Rebecca S. O~Connor, Treasurer Phone ..(561) 243 7120 Company Delray Beach, FL 33444 Date Report Submitted 1/24/97 BF2004-A and BF2004-B NOTE: THE FOLLOWING ITEMS ARE REQUIRED TO BE COMPLETED IN FULL FOR ALL BOND ISSUES EXCEPT'J'HOSE SOLD PURSUANT TO SECTION 154 PART III; SECTIONS 159 PARTS II, III OR V; OR SECTION 243 PART II, FLORIDA STATUTES. 23. ANY FEE, BONUS, OR GRATUITY PAID BY ANY UNDERWRITER OR FINANCIAL CONSULTANT, IN CONNECTION WITH THE BOND ISSUE, TO ANY PERSON NOT REGULARLY_EMPLOYED OR ENGAGED BY SUCH UNDERWRITER OR CONSULTANT: ...x _ NO FEE, BONUS OR GRATUITY PAID BY UNDERWRITER OR FINANCIAL CONSULTANT (1) COMPS, NY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: {2) COMPANY NAME _ ° FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (3) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (4) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: 24. ANY OTHER FEES PAID BY THE UNIT OF LOCAL GOVERNMENT WITH RESPECT TO THE BOND ISSUE, INCLUDING ANY FEE PAID TO ATTORNEYS OR FINANCIAL CONSULTANTS: x NO FEES PAID BY ISSUER (1) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (2) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (3) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: (4) COMPANY NAME FEE PAID: $ SERVICE PROVIDED or FUNCTION SERVED: PLEASE PROVIDE THE SIGNATURE OF EITHER THE CHIEF EXECUTIVE O~;I~R-OI~JE GOVER~..~G BODY OF THE UNIT OF LOCAL GOVERNMENT OR THE GOVERNMENTAL OFFICER PRIMARILY RESP~CO~R D~N~I~t~R=HE ,SSUAI~E OF THE BONDS: NAME (Typed/Printed): Joseph M. _~Sa£ fo]:cl SIGNATURE:~/'~ ~ ~"'~~-- ~'"",,'~ ~t/ TITLE: Director of Finan~, DATE' ~J '~' ~ '-BF2004-B ITEMS 25 AND 26 MtJST BE COMPLETED FOR ALL BONDS SOLD BY NEGOTIATED SALE 25. MANAGEMENT FEE CHARGED BY UNDERWRITER: $ PER THOUSAND PAR VALUE OR PRIVATE PLACEMENT FEE: $ . ;x: NO MANAGEMENT FEE OR PRIVATE PLACEMENT FEE 26. UNDERWRITER'S EXPECTED GROSS SPREAD: $. PER THOUSAND PAR VALUE 3[ NO GROSS SPREAD PART IV. RETURN THIS FORM AND THE FINAL OFFICIAL STATEMENT, IF ONE WAS PREPARED, TO: Courier Deliveries: Division of Bond Finance Mailing Address: Division of Bond Finance State Board of Administration State Board of Administration 1801 Hermitage Blvd.. Suite 200 P.O. Drawer 13300 Tallahassee. FL 32308 Tallahassee. FL 32317-3300 Phone: 904/488-4782 FAX: 904/413-1315 REVI,.%=O Fe~. 1g~b103o4/ Arthur J. Gallagher & Co. DOF.~ ~ AJal~ND, EX'T~MD OR AI.TE~ 8300 NW 53rd Street Ste 350 ~Ouc~s M.i. am/, FL 33166 COMPANIES AFFORDING COVERA~ (305]) .592-6080 c~ A D~ited National ................................................................................................................. : City of Del=ay Beach ~ C 100 N.W. 1st Avenue ................................................................................................................................................................. Del=ay Beach, Flori~ 33~ :~:r:~ ....... = ........... : .............................................. : ....................................... ::;::::: ~~ :X:~ S]00,000 SIR 10/01/96 10/01/97~a~'~ : ....... ~~ Re]:es on FSY68.28 ~ ................................................ : .................................... : ......... : ............................................ i ............................. ..... i ........ : ....................................................................................................................................................................................... : ............................................... ~ ..................................... : ..... % ~ ............................................... ~ ....................................... : : ~ ~ ~ ~ ............................................................................................................................................................................................................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ ~~ : ~ ~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~perty/Auto ~ ~0/01/96 10/01/97~$75,000 S ~ ~hysical D~ge ' ~~t-Jo~ Deere mc~n~o~, ~i~le S~ G~ousers. ~o~ w~ ~ A~t~onal ~ ~o88 Payee I~ur~. ' S~t~t B~k, C~tral Florida .~ ~. ~ F~ To k. NatiO~l ~ Assocation 200 So~ ~ge Argue ~~ ~~ . ~ ._' .. ' .. ............................. . ..... :_.: ..... .._.,.. -~ ......... ,_, Agenda Item No.: 00,.~- AGENDA REQUEST Request to be placed on: Date: January_ 14, 1997 Regular Agenda Special Agenda Workshop Agenda xxxx Consent Agenda When: January 21, 1997 Description of item (who, what, where, how much): CASE# ADDRESS GRANT AMOUNT 94-020HS 128 N.W. 10TH AVENUE $14~432.25 96-011HS 814 S.W. 4TH AVENUE $17~613.75 (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of Community Development Block Grant Program Housing Rehabilitation Grant Awards and Contract Award(s) from Account #118-1924-554-49.119 AND #118-1923-554-49.19 Grant amount includes contingency. (Example: Recommend approval with funding from Special Events Account No. 001- 3333-555-44.55) Department Head Signature: ~~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all item~ invo,~ expenditure of funds): Funding available: ~0'~~ Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City M~ager Review: Approved for agenda:~O Hold Until: Agenda Coordinator Rehew: Received: Placed on Agenda: Action: Approved~isapproved MEMORANDUM TO: David Harden, City Manager FROM: Michael Simon, Acting Community Development Coordinator~ THRU: Lula Butler, Community Improvement Director ~[~ DATE: January 14, 1997 SUBJECT: CONSENT AGENDA Home Investment Partnership Program (HOME) & State Housing Initiatives Partnership Program (SHIP) Rehabilitation of Owner Occupied Units. ITEM BEFORE THE COMMISSION This is to request approval for two Housing Rehabilitation Grant Award through the State Housing Initiatives Partnership Program (SHIP) & the Home Investment Partnership Program (HOME). This request is in accordance with the City's approved Housing Assistance Plan developed for the SHIP Program as well as the agreement of HOME funds between the City and Palm Beach County. BACKGROUND This grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change order. All unused funds remain with the SHIP & HOME grant programs. As required by the Home Agreement between the City and Palm Beach County we will obtain a Promissory Note from the homeowner, record it in the public records of Palm Beach County. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Contract Award and Bid Summary Sheets are attached for your reference. RECOMMENDATIONS Staff recommends Housing Rehab. Grant through the (SHIP) & (HOME) programs. twenty-five percent (25%) of total funds will be charged to the SI/l? account and the remaining seventy- five percent (75%) of funds will be charged to the HOME account for the following: CASE# ADDRESS SHIP AMT HOME AMT 94-020HS 128 NW 10TH AVENUE $3,608.06 $10,824.19 96-011HS 814 SW 4TH AVENUE $4,403.43 $13,210.32 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DMSION BID INFORMATION SHEET FOR HOME & SHIP BID #: 97-08HS APPLICANT: Daisy M. Roberts APPLICATION #: 94-020HS PROJECT ADDRESS: 128 N.W. 10th Avenue DATE OF BID LETTERS: January 3, 1997 DATE OF BID OPENING: January 13, 1997 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ ALPHA ULTRA INC. $ 15~515.00 BEEKMAN CONSTRUCTION $ CRAFTMAN PLUS, INC. $ 19t060.00 DATOTA CONSTRUCTION, INC. $ A. F. DOZER, INC. $ 14,655.00 RAY GRAEVE $ 18t005.00 H.M.P. BUILDERS, INC. $ HENRY HAYWOOD $ 13,745.00 INTERCONTINENTAL CONST. CORP. $ 15,850.00 EDWARD J. KAPLAN $ 16,629.00 TOMMY PRESTON $ 16325.00 SOUTH FLORIDA CONSTRUCTION $ CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD BID/CONTRACT AMOUNT: $ 13,745.00 COMMENTS: BID AWARDED TO LOW BIDDER CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DMSION BID INFORMATION SHEET FOR HOME & SHIP BID #: 97-08HS APPLICANT: Truemella Peele APPLICATION #: 96-011HS PROJECT ADDRESS: 814 SW. 4th AVENUE DATE OF BID LETTERS: January 3, 1997 DATE OF BID OPENING: January 13, 1997 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ ALPHA ULTRA INC. $ 18~720.00 BEEKMAN CONSTRUCTION $ CRAFTMAN PLUS, INC. $ 25~965.00 DATOTA CONSTRUCTION, INC. $ A. F. DOZER, INC. $ 27~806.00 RAY GRAEVE $ 21~275.00 H.M.P. BUILDERS, INC. $ HENRY HAYWOOD $ 16~775.00 INTERCONTINENTAL CONST. CORP. $ 20~060.00 EDWARD J. KAPLAN $ 23~182.00 TOMMY PRESTON $ 20~680.00 SOUTH FLORIDA CONSTRUCTION $ 19~795.00 CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD BID/CONTRACT AMOUNT: $ 16~775.00 COMMENTS: BID AWARDED TO LOW BIDDER MEMORANDUM TO: DAVID HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT FROM: NANCY DAVlLA, HORTICULTURIST ~- RE: LAKE IDA ROAD BEAUTIFICATION AWARD OF BID ALTERNATE # 2 - BID NO. 97-02 DATE: JANUARY 15, 1997 ITEM BEFORE THE COMMISSION The item before the Commission is the award of Bid Alternate # 2, in connection with Bid No. 97-02, to Regal Contractors, Inc., in the amount of $29,933.00, which is for the beautification of the 1-95 Overpass on Lake Ida Road. BACKGROUND The Base Bid and Bid Alternate # 1 were awarded to Regal Contractors, Inc. at the January 7, 1997 City Commission meeting. Bid Alternate # 2 was originally proposed for consideration at the same meeting , but was removed due to information the City had received regarding the possible effect the construction of the High Occupancy Vehicle Lane (HOV), proposed for 1-95 corridor, might have on overpass areas. As it turns out, from information received by a Consultant for DOT, the interchanges at Linton and Atlantic will be modified concurrently with the HOV expansion, but not as a direct result of it. The additional space for the HOV will come from the m. edian down the center of 1-95. The ingress and egress areas will be changed due to traffic problems that have been identified. Since Lake Ida Road does not have an on or off ramp, this overpass will not be effected. FUNDING Funding for Bid Alternate # 2 is available from two different sources. $28,124.83 will come from 334-4144-572-63.31 and the balance of $1,808.17 will come from 334-3162-541-63.12. ?0-'3 RECOMMENDATION Staff and the consulting firm of Cotleur Hearing, Inc., have reviewed Bid Alternate # 2 for the beautification of the Lake Ida Road 1-95 Overpass and recommend the City Commission give consideration to award same to Regal Contractors, Inc., in the amount of $29, 933.00. Agenda Item No.: AGENDA REQUEST Date: 3anuary 16, 1997 Request to be placed on:. Consent XX~~ .... ~ Agenda Special Agenda Workshop Agenda When: 3anuar¥ 21, 1997 Description of agenda item (who, what, where, how much): Purchase award of thirty-five (35~ laptop computers to CIC Systems, Inc. at a cost of $68.211.52 vi~ Florida State Contract #250-040-96-1, and sole source purchase of software for these computers from H.T.E. at a cost of $63,000., for a Krand total cost of $131~211.54~ to implement Department of 3usttce Bureau of 3ustice Assistance Block Grant #97008. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to CRC Systems for purchase of thirty-five (35) laptop computers via Florida State Contract #250-040-96-1, and to H.T.E. for purchase of software as a sole source purchase for a total of $131,211.54 for Department of 3ustice Bureau of Justice Assistance Block Grant project #97008. pepartment Head Signature: / / Determination of Consistency with ~prehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available{Y~-~ENO Funding alternatives~-/'-- ~[~ (if applicable) Account No. & Description: Account Balance: ~{~~,~__~~ City Manager Review: Approved for agenda.: NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph Safford, Finance Director DATE: January 16, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JANUARY 21, 1997 - PURCHASE AWARD - BLOCK GRANT LAPTOP ACQUISITION Item Before Commission: The City Commission is requested to award the purchase of thirty-five (35) Toshiba laptop computers to CIC Systems, Inc. at a cost of $68,211.52 via Florida State Contract #250-040-96-1, and the sole source purchase of software for these laptops to M.T.E. at a cost of $63,000, for a grand total of $131,211.54. Background: The Police Department is requesting the purchase of the equipment and software necessary to implement the Department of Justice Bureau of Justice Assistance Block Grant project #97008. This is the second year of a five year plan of issuing laptop computers to all Field Operations personnel to be used as a report writing/data collection device and information storage system which will greatly increase the efficiency of operations. See attached memo from Police Department dated January 08, 1997, detailing Phase I of this five year plan. Recommendation: Staff recommends the award of the thirty-five (35) laptop computers to CIC Systems, Inc. at a total cost of $68,211.54, via the Florida State Contract #250-040-96-1, and the sole source purchase of the software to H.T.E. at a total cost of $63,000. Attachments: Memo From Police Department HTE, INC. Price Proposal State Of Florida Contract #250-040-96-1 Delray Beach Police Department Memorandum TO: David Junghans Administrative Officer FROM: Assistant Director Tina L. Lunsford ~ Support Services Division DATE: January 8th, 1996 SUBJECT: BLOCK GRANT LAPTOP ACQUISITION We would like to move forward with acquisition of the equipment and software necessary to implement Department of Justice Bureau of Justice Assistance Block Grant project #97008. I entered requisition #49538 for CIC Systems, Inc., and #50062 for H.T.E. This is the second year of our five year plan of issuing laptop computers to all Field Operations personnel, both sworn and non-sworn. These computers would be utilized as report writing/data collection devices and information storage systems. Docking stations at the Police Department would allow for rapid downloading of information without the need for support personnel assistance. The second year implementation will be done in one phase as outlined below: Purchase of H.T.E. software and thirty-five (35) laptops. H.T.E. Requisition #50062 · CRIMES/Field Incident & Accident Reporting Software for thirty-five (35) $63,000.00 laptops ~ $1,800 per unit. Payable at contract signing. TOTAL FOR H.T.E. PHASE I $63,000.00 CIC Systems, Inc. Requisition #49538 · (32) Toshiba 11 OCS Laptops ~$1,453.69 each $46,518.08 · (32) 8MB Memory Upgrades ~ 89.71 each $2,870.72 · (35) Carry Cases ~ $38.51 each $1,347.85 · (35) Statpower Auto Adapters ~ $98.84 each $3,459.40 · (3) Toshiba T510CDS Laptops ~$3,3397.17 ea. $10,191.51 · (3) Modems 28.8XJ PCMCIA ~$237.86 ea. $713.58 · (32) NIMH Batteries for Toshiba 11 OCS ~$78.75 ea. $2,520.00 · (3) L ION Batteries for Toshiba T510CDS ~$196.80 $590.40 TOTAL FOR USA FLEX $68,211.54 GRAND TOTAL PHASE I $131,211.54 Through the use of laptop computers the efficiency of operations would be greatly improved. The most substantial impact would be on the elimination of support employees having to manually input each and every report. Each employee would be able to download their daily reports at the end of their shift, thus eliminating the possibility of transcription errors. The Subject: BLOCK GRANT LAPTOP ACQUISITION Page: 2 reports produced would be neat, professional, and court presentable. There would be almost immediate access to report information as opposed to the current system in which the information is not available until someone else enters the information into the system twenty- four (24) hours later. Each of the laptop computers will have the capability to be upgraded to a mobile digital terminal which provides tremendous capabilities for the officer/employee on the street. After the five year implementation of the laptop project has been completed then the four (4) support employees could be reallocated to other areas of the Department. Note: H.T.E. is a sole source vendor. CIC Systems, Inc., holds the State of Florida Contract #250-040-96-1 for the Toshiba for the laptop equipment. Your prompt action will be appreciated. Cc: Director Wright Lt. Licata 01/16/97 14:24 '~'4072437816 DELRAY BEACH PD ~002/002 H?lr. INC. DEL RAV BF.A~H, IrI.oIUDA POUCg DI~PARTMZN~ PRICE PROPO~ Dde: Junua~ 14, I~)? [. APPLIC~TI.~ MO~~ ANNUAL A Appllc~,ilou Sol'twnrr Proposed ~ ~ Vield hK~fU & At. dcm R~lnl $63,~ $1.7X; - ~ ~tflu~l VK~ Total Application Software PropoKd: S6J.000 S1,7S0 13 Total H'FE P~I ~ St,?,~ ii1~i I[. EXPIRATI_ON OF PROPO3AI. FITE prt~s :ere valid rot ,~o th. z. cctiw lanw,,y 14, Igg? unless tn c.,ctcn,sion Is ruluuted. Itl. P.~ ~'ME~? TERMS HTI~. stitrlChlttl paymcnt Icftu! are [tX.J% du~ upon execution o1' contrliot. Trai~nS and conversion costs are due as clcl,¥crtd W,,- would b~ wi[lin$ to nclpiii~ tn muttmlly la:eplible tm'mt IV. WARRANTq& Th~. I, FT'E lick. tt.~ prosranll pmpoek'd Arc covered by a ninety. (90) d,,-y warranty. Tldi period bcslna from tht~ date of .,~ll~x:tr~ iflxf:fllatiofl For warning' Followtn8 the 90 dap. mon~ mttnlc~ncc mum ~ p~rchnd. dduykJklq. [)l I ~d',,o& CoNTRACT a~.5o-04o,.96-1 STATE OF FLORIDA TOSHIBA MONITOR 17".28MM 1280X102 INW17MON I ~ B-~.T',~' ~'r-[- ~ ..L 678.45 ~DN ~TAND FOR PORT REP NWPR';I'~O~T $ 46.47 ] $ ;~.g3 j..$ 48..:~ NIMH'~,'T'I' 'I00C~ PA2437UR $ 77.~1 ~ ~ · 78.~ NIMH '~&,TT TlgX~ 8ERIE~ 1~,~42gURA ,$ 90.~--~-~' ' ~.--~-:"~'"~ - ~.~' ~--O'T~O~K II PORT.T720 730 P~13U ~, i ~..~---~' ~ i - 4~, INUMERIC KEYP.4I~ 8F_~ ICl/Vi~7~ $ ' 7:/:9'7 1 $ 7B.75 $~" 78.7~ IPGMCIA DIGITAL VIDEO CARD I~DV01 $.. 390.~---~--. ' 394.N?' IPOMC~IIi~ NW~.~101 , $ ,165~..,1 $ 1~5,27 S 165.27 IPOMClA TOKEN I~ING MODEM NvtrrROIX $ 2B2.78 AI~ FO" NOTEW 1L $ IBATT REOltA~GER 13OHTEGE P, 234.ae, $ 23~.43 $ " ~'~ S inA"rT REOH/~ER T~g~Ca00 'P~P/~4~U' {B~TT RECHA~_~.E~ TS00 .... bA2491U 249.?§ $ 2.~2.25 $ 2~.25 IBATI'RECHARGERT100,110 -NW243~ $ I,O1,.~0--~' 102.02 $ ' ".- 102.62 [ITY OF DELARY BEA[H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmericaCity 1993 TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, JANUARY 21, 1997 SPECIAL EVENT REQUEST. DELRAY AFFAIR DATE: January 14, 1997 ACTION City Commission is requested to endorse the Delray Affair to be held Apdl 4-6, 1997, to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and rights-of-way, to waive LDR's Section 4.6.7 (D)(3)fj)(ii) to allow signage to be placed more than one week pdor to the event, to provide staff support as outlined in the attached letter, and to split the overtime costs 50/50. BACKGROUND Staff has reviewed the attached request from the Chamber of Commeme for the Delray Affair. We support the request except for the following: A. Approve use of parks with the stipulation that the Parks and Recreation Director has input conceming the events proposed on park property. B. Use of grounds at Old School Square needs to be approved by their Board of Directors. City does not own property (lot) south of Sun Bank parking lot. C. Grant approval of signs per code requirements, except banners, and deny use of hot-air balloons for advertising. Balloons are not allowed per our code and would require an amendment to the sign ordinance. D. Estimated overtime total for this event is $18,000. RECOMMENDATION Staff recommends approval of the Chamber of Commeme's request with staff recommended exceptions. RAB:kwg File:u:sweeney/agenda ~ ~ ~ Doc.:97Delray.Aff ~"'~ (~ THE EFFORT ALWAYS MATTERS Pr#~ted on Recycled Paper The GREATER DELRAY BEACH Chamber of Commerce December 13, 1996 Mayor and City Commission City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor and Commissioners: The Delray Affair, celebrating its 35th anniversary in 1997, is scheduled for Apdl 4, 5, & 6, 1997 and we would like to request your support once again. We are very proud of the excellent reputation the event has earned over the last 34 years and we attribute a part of the success to the great relationship we have with the City. The event has a significant economic impact of more than $20 million as measured in our 1994 Economic Impact Study.* We also are thdlled to share the news of our latest award, "One of the 200 BEST Shows and Festivals in the United States for 1996" bestowed .by Sunshine Artist, America's premier show and festival publication. It is our hope that this designation, along with others received in the past, will assist us in our effort to continue to bdng more tour groups and visitors to Delray Beach during the Affair. Please consider approval of the following Delray Affair items: I. Endorsement by the City Commission as a City supported event; 2. Use of parking facilities at Worthing Park, Veterans Park, the City lot behind Hand's, the lot south of Sun Bank's parking (adjaCent to the railroad tracks), Cason Cottage, and NE 1st Street for entertainment and display parking; 3.Use of all area within Worthing Park, Veteran's Park, and the extedor grounds of Old School Square; 4. Blocking off parking from Swinton Avenue to the Intracoastal Waterway and closing Atlantic Avenue to traffic from Swinton Avenue to Southeast 7th Avenue. Blocking access to Atlantic Avenue from each side street in this area from alley to alley. Suspension of parking time restrictions; DELRAY BEACH continued Greater Delray Beach Chamber of Commerce, Inc. Ali-Arum'ica City 561-278-0424 · Fax 561-278-0555 · chamber@delraybeach.com Chamber Accredited by United States Chamber of Commerce Delray Affair- Page 2 5. Provide City staff support with representation from Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Community Improvement, Parks & Recreation, and City Managers Office for planning and operation services; 6. Allow this to be the only Commission approved event during the Delray Affair time flame. Allow all vendor permits to be assigned by the Chamber of Commerce only, with the exception of the Special Event Parking Lot Concessions; 7. Permission to erect signs promoting the event from March 14th through Apdl 7th. Permission to use one cold air advertising balloon within the event area. Permission to erect two overhead banners within the confines of the Delray Affair site; 8. We request the City of Delray Beach split the cost of City staff overtime services 50/50 with the Greater Delray Beach Chamber of Commerce. We sincerely appreciate all of the efforts of the City employees and look forward to a great Delray Affair in 1997. We hope each of you will be a part of the festivities. Yours truly,' William J, Wood President cc: Dave Harden, City Manager Bob Barcinski, Asst. City Manager JOe Weldon, Director of Parks & Recreation Hoyt Owens, Director of Public Works Robby Pentz, Supervisor of Traffic Operations Lulu Butler, Director of Community Improvement *Regional Research Associated, 1994 MEMORANDUM TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING JANUARY 21, 1997 SPECIAL EVENT - THIRD ANNUAL DOWNTOWN ART FESTIVAL DATE: January 15, 1997 Action City Commission is requested to endorse the Third Annual Downtown Art Festival to be held on February 8-9, 1997, to grant a temporary use permit for the closure and use of S.E. 3rd Avenue from Atlantic Avenue to S.E. 1st Avenue, to provide staff support for security and barricade set up and take down, and to authorize staff to put up event signage on Atlantic Avenue. Background Endorsement of this event and staff support are being requested per the attached memorandum. This is the Third Annual Downtown Festival and a portion of the proceeds will go to the Joint Venture. The vendor will provide clean up, dumpsters, port-o-lets, insurance, and pay for staff overtime and barricade rental. The estimated cost for overtime and barricade rental is $750.00. Recommendation Staff recommends endorsement of the event, granting of the temporary use permit, and authorization of staff support for security, barricade set up and take down, and event signage. RAB:tas File:u:sweeney/agenda Doc:3rdart.doc 12-20-1996 6:E~AAM FROM HOWARD ALAN EVENTS 30~4723891 P. 2 MEMORANDUM TO: Bob Barcinski Robbie Tenz FROM: Howard Alan RE: formal request for permit for 3rd Annual Downtown Permit Logistic Information: Date: February 8 - 9, 1997 Hours: Sat/Sun 10am-5pm location: on 3rd to Atlantic Avenue at Sunbank City Services needed: police - detail To benefit: Joint Venture - Downtown What we will provide: Clean-up, dumpster, pot-o-lets, crafters, on-site supervision, one million dollar liability. Contact person: Howard Alan - American Craft Endeavors Marj.orie Ferrer - Joint Venture OlzO9z97 16:2.5 '~24072437816 DELRAY BEACH PD """ CITYMCR Delray Beach Poliee Department (5611 243-7888 Fax (5611 243-7816 1993 MEMORANDUM ivc d TO: Robert A. Barcinski, Assista/~ Manager FROM: William Mc, Collom, Captai~ ,~ Patrol Division Commander//~J DATE: January 9, 1997 SUBJECT: 3_RD_ ANNUAL DOWNTOtNN The Police Department has reviewed the Downtown Joint Venture's request for security for the 3rd Annual Downtown event. Per the request, the Police Department would be required to provide staffing of fourteen (14) hours over two (2) days. If the staffing was provided at the present overtime rate of $31.14 per hour, the estimated co~t would be $435,96, If the staffing was provided at the present detail rate of $18.00 per hour, the estimated cost would be $252.00. As in the past, if other departments of the City are going to be scheduled on overtime, we would request our officers receive the same consideration. MW/gb MEMORANDUM TO: Robert A. Barcinski, Assistant City Manager THROUGH: Hoyt Owens, Deputy Director of Public Works FROM: Robby Pentz, Supervisor Traffic Operations DATE: January 15, 1997 SUBJECT: HOWARD ALLEN 3RD ANNUAL ART AND CRAFT FESTIVAL LABOR AND BARRICADE RENTAL 008T8 We have compiled the labor and barricade rental costs for the Howard Allen 3rd Annual Art and Craft Festival. The event is scheduled for February 8 & 9, 1997. The segregated costs are as follows: Re.qular Time Set-up @ 2 personnel @ 6 hrs. X $11.84 avg. = 71.04 Benefit multiplier @ .3 21.31 Subtotal @ 92.35 Overtime Set-up and take-down 1 personnel @ 7 hrs. X $17.76 avg. = 124.32 Benefit multiplier @ .3 37.30 Subtotal @ 161.62 Total Labor Costs $253.97 Barricade Rental lA. Bob's Barricades Rental 0 ea. - Type : N/A 1. Type II Barricade, 30 @ $ .55 ea. per day X 2 = 33.00 2. Type III Barricade, 6 @ $2.20 ea. per day X 2 : 26.40 3. Arrow Board, 1 @ $48.00 ea. per day X 2 : N/A Subtotal @ 59.40 Total Costs $313.37 If you have any questions, please call. RP/sdl REF: RP/011597A.MEM [ITY I]F I]ELIIlIY BER[H Writer's Direct Line: (407) 243-7091 DELRAY BEACH ~ MEMORANDUM Ali.America City '''Il'''''' DATE: Januaryl6, 1997 I lilt® TO: City Commission 1993 FROM: Susan A. Ruby, City Attorney SUBJECT: Islam Property - Interlocal Agreement Our office has prepared an interlocal agreement between the City and the CRA regarding the purchase of the above-stated property located at the northeast corner of the intersection of Dixie Highway and N.C. 14th Street. The agreemem provides that the City will loan the CRA $85,000.00 for the purchase of the property. The CRA will repay the City $85,000.00 by January 31, 2007 or sooner if the property is resold by the CRA prior to that date. If the monies received by the CRA for a resale prior to January 31, 2007 is less than $85,000.00, the CRA will repay the balance of the $85,000.00 due the City by January 31, 2007. There is no interest on the loan. The CRA intends to act on this agreement at their meeting of January 23, 1997, thus, the approval of the City is conditioned on approval by the CRA. Please call if you have any questions. By copy of this agreemem to David Harden, City Manager, our office requests that this interlocal agreement be placed on the City Commission agenda for consideration. SAR:ci Attachment cc: David Harden, City Manager ~ Chris Brown, CRA //0~//9'7 Robert Federspiel, Esq. Alison MacGregor Harty, City Clerk islam2sar INTERLOCAL AGREEMENT BETWEEN CITY AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY THIS AGREEMENT is entered into this day of , 1997, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, an agency established pursuant to Florida Statute Section 163, Part III, ("Agency"). WHEREAS, the City and the Agency desire to enter into this interlocal agreemem to facilitate redevelopmem efforts in the North Federal Highway corridor (" corridor'); and, Whereas, the Agency desires to purchase property located at the northeast comer of the intersection of Dixie Highway and N.E. 14th Street, situated in the Community Redevelopment area (the "property") which is currently being developed by the Owner, S. Islam, as a convenience store in the corridor; and, WHEREAS, the Agency and City agree that the purchase of the property by the Agency will enhance redevelopment efforts in the area. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 1. The recitations set forth above are incorporated as if fully set forth herein. 2. The City shall loan the Agency $85,000.00 for the purchase of the property described in Exhibit A. 3. The Agency shall repay the City $85,000.00 without interest by January 31, 2007; provided, however, if the Agency sells the property prior to January 31, 2007, the Agency shall repay to the City all the money received by the Agency from the sale to the City at the time of the resale of the property, up to $85,000.00. If the Agency aggregates the property with other properties, the Agency shall pay to the City, the value of the property on a pro rata basis based on the square footage of the property. If the Agency receives less than $85,000.00 for the property prior to, on, or after January 31, 2007, the Agency's obligation to repay the City any unpaid balance toward the $85,000.00 loan by January 31, 2007 shall remain in full force and effect. 4. This Agreement shall be inferior to and subordinate to all bond obligations of the Agency. 5. This interlocal agreement, pursuant to F.S. Sec. 163.01(11), shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, D.D.S. Mayor Approved as to Form and Legal Sufficiency: City Attorney 2 WITNESSES: COMMUNITY REDEVELOPMENT AGENCY By: (Type or Print Name) (Type or Print Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (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 and did (did not) take an oath. Signature of Person Taking Acknowledgment (SEAL) Name of Acknowledger Typed, Printed or Stamped Title or Rank islam.agt Exhibit A MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITYMg2q'AGER~ SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JANUARY 21, 1997 RESOLUTION NO. 8-97/LEASE AGREEMENT WITH FLORIDA EAST COAST RAILWAY COMPANY DATE: JANUARY 17, 1997 This is before the Commission to consider approval of an agreement with Florida East Coast Railway Company for the lease of six FEC properties for parking, roadway, sidewalk and beautification purposes. A portion of land which had been a part of Parcel "C" is being sold to Mouw Plaza, L.C. and will be included as part of that development planned for the northwest corner of S.Eo 3rd Avenue and S.E. 1st Street. The City's lease on this land has been assigned to the new land owner (Mouw). The proposed lease agreement with FEC reflects the amended legal description as well as a decrease in the total annual cost of the lease by $100.00 (from $6,000.00 to $5,900.00). The agreement has been reviewed by the City Attorney's Office. Attached is a memorandum from Mr. Tolces which expresses a concern. I recommend that the lease agreement with the FEC Railway Company be approved by adoption of Resolution No. 8-97. ref:agmemol0 RESOLUTION NO. 8-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH FLORIDA EAST COAST RAILWAY COMPANY FOR THE LEASE OF SIX PARCELS OF LAND ON THE RAILWAY'S RIGHT-OF-WAY AND PROPERTY IN DELRAY BEACH, FLORIDA; ACCEPTING THE TERMS AND CONDITIONS OF SAID LEASE AGREE~NT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach wishes to enter into an agreement with Florida East Coast Railway Company for the lease of six (6) parcels of land on the Railway's right-of-way and property in Delray Beach for the municipal purposes of parking, roadway, sidewalk and beautification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor and City Clerk of the City of Delray Beach are hereby authorized to enter into a lease agreement between the Florida East Coast Railway Company and the City of Delray Beach, as Lessee, for the lease of six (6) parcels of land for parking, roadway, sidewalk and beautification, a copy of which is attached hereto and made a part hereof. Section 2. That the City Commission of the City of Delray Beach hereby approves and accepts the terms and conditions of the lease agreement between the Florida East Coast Railway Company and the City of Delray Beach, as hereinabove described. Section 3. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 21st day of January, 1997. A/ OR ATTEST: J Cit~ ~erk [IT¥ OF: OELRR BEB[i{ A ORNEY'S OFFICE DELRAY BEACH ~l.~rica C~ ~MO~~ Janua~ 9, 1997 1993 TO: David T. H~den, Ci~ M~ger FROM: David N. Tolces, Assistant Ci~ A~om~ SUBJECT: Lease Agreement with FEC Railway Company I reviewed the proposed lease agreement and have one concern. Paragraph 21 on Page 6 states that venue for any lawsuit will be in St. Johns County. Typically, under Florida law, a municipality may only be sued in the county in which it resides. If the' City were to agree to paragraph 21, it is possible that the City would be waiving its right to assert that venue must be in Palm Beach County. While this is not a major contractual issue, in the event of a lawsuit, travelling to St. Johns County could become an inconvenience and added expense. This agreement must also be approved by the City Commission. Please let me know your thoughts, and if you have any questions, please call. DNT:srnk (~ Printed on Recyc/e:Y Paper FLORIDA EAST COAST RAILWAY COMPANY ONE MALAGA STREET, P. O. BOX 1048, ST. AUGUSTI]~E, FLORIDA 32086-1048 Telephone (9o4) 826-2269 FAX (904) 826-2.322 December 30, 1996 File: 317=3-1 DELRAY BEACH: Lease of 6 Parcels for Parking, Roadway, Sidewalk, Beautification IMP 316 + 3857'+ Mr. David T. Harden, Manager CitY of Delray Beach ,.,1~ 0 2 100N. W. 1st Avenue Delray Beach, FL 33444-2698 Cir,' u~~ ...... - Dear Mr. Harden: Enclosed for your handling for execution are duplicate originals of Lease Agreement coveting the lease of space as captioned above. The current lease agreement is being revised due to sale of a portion of land which has been a part of"Parcel C". This portion of your lease has been assigned to the new land owner, MOUW Plaza, L.C., whose address is 102 North Swinton Avenue, Delray Beach, Florida 33444. Kindly handle for execution in accordance with instructions attached to the agreement, returning the duplicate originals to this office for completion, at~er which one fully executed agreement will be returned to you for your file. Your prompt handling and return is requested. Sincerely yours, · . gley, Manager Industrial Development & Rla,.al Estate MOB/EVA/ver Enclosures cc: Mr. 1~ J. Jones DO NOT KEMOVE FKOM AGREEMENT INSTRUCTIONS 1. Kindly have the appropriate authority sign ALL copies of the agreement on Page 8 , where indicated by check marks. Execution on behalf of the City/County should be accomplished by the authorized authority of the City or County. City or County Clerk should attest the agreement and indicate date of execution. 2. Have two (2) separate persons witness the signatures to the left thereof, AFFIXING THE CITY/COUNTY SEAL. 3. Please verify the name and address on Page 1, making any necessary corrections, however, DO NOT alter or add to the provisions of this document. If; for any reason, you cannot execute same in its present form, kindly remm to the undersigned with your comments in writing. 4. DO NOT INSEKT EFFECTIVE DATE OF AGREEMENT ON PAGE 1. 5. Return ALL copies of the agreement to this office together with Resolution adopted by City/County, authorizing execution and acceptance of agreement. When completed, one fully executed copy of the agreement will be returned to you for your files upon completion of execution. 6. Failure to execute the agreement exactly as indicated above will result in rejection by our Law Department and require resubmission for proper execution. File: 317-3-1 ,.TIll :17 ,c_:j? 1-4:5,1S"F'£C ST.IqU~SUST]]NE, F'L P.~ THIS LEASE, is c/Tcctive this day of A.D. 19 .., by and between FLORIDA EAST COAST RAILWAY COMPANY, hereinaiter called *Railway* and CTrY OF DELRAY B~CH, a M~micipal Corporation of the State of Florida, whose address is 310 S.E. 1st Street, Suite 4, Delray Beach, Florida 33483, hereinafter called 'Lessee', WITNESSETH: That in consideration ofthe covenants herein contained to be kept and performed, Railway does hereby lease to raid Lessee the following described property: Six Parcels of land on Railway's right of way and property at Dclray Beach, Florida, more particularly described as follows: Parcel A: A rectangularly shaped parcel of land measuirng 25 feet, easterly and westerly, by 400 feet, northerly and southerly, on Railway's easterly right of way with northwest comer of said parcel located 25 feet ea.~edy from and at right angles to a point located in the centerline of Railway's main track 3,857 feet, more Or less, southerly from Mile Post No. 316, as measured from Jacksonville, Florida; thence continue soUtherly parallel With and 25 feet distant easterly from centerline of said main tra~ for a distance of 400 feet to a point; thence continue easterly, at right angles to aforesaid course, for a distance of 25 feet to Railway's easterly fight ofway limit; thence continue northerly, coinciding with Railway's easterly right of way limit and parallel with the centerline of said main track for a distance of 400 feet; thence continue westerly at right angles to previously described course, for a distance of 25 feet to Point of Beginning. Parcel B: parallelogram-shaped parcel of land measuiring 1S feet, east and west, by 1,275 feet, northerly and southerly, on Railway's westerly right of way with northeast comer of said parcel located 32 feet distant westerly from and at fight angles to a point in thc centerline of Railway's main track, 3,107 feet, more or less, southerly from Mile Post No. 316, as measured from Saoksonville, Florida; thence continue southerly, parallel with and 32 feet distant westerly from centerlinc of said main track, for a distance of 1,275 feet; thence continue west for a distance of 1S feet to Railway's westerly fight of way limit; thence continue northerly along said westerly right of way limit for a distance of 1,275 feet to a point; thence continue east for a distance of 18 feet to said Point of File: 317-3-1 Page 1 Parcel C: A 5 foot strip of land on Railway's easterly right of way with easterly line of said parcel commencing at a point on Railway's easterly right of way limit 5,045 feet southerly from Railway's Mile Post No. 316, as measured from Jacksonville, Florida, with easterly line continuing southerly and coinciding with Railway's easterly right of way limit a distance of 675 feet, more or less, said easterly line also being the westerly line of S.E. 3rd Avenue, Delray Beach, Florida; southerly line of said parcel having a length of 5 feet coinciding with the northerly line of S.E. 2nd Street, Delray Beach, Florida, at right angles to said easterly line, westerly line of said parcel being $ feet distant westerly from and parallel with said easterly line, with northerly line having a length of 5 feet and being parallel with and 675 feet, more or less, distant northerly from said southerly line. Parcel D: A parcel of land on the station grounds of the Railway on the easterly side of'its tracks south of S.E. First Street at Dekay Beach, Florida, with northerly line being 80 feet in length coincid~g with the south line of S.E. First Street and intersecting the centerline of the main track of the Railway at a point located 5,121 feet, more or lesS, southerly from the Railway's Mile Post No. 316 from Jacksonville, Florida, easterly line being 190 feet in length coinciding with the easterly limit of the said property of the Railway which is also the westerly line of S.E. Third Avenue, southerly line being 125 feet, more or less, in length and located parallel with said northerly line and westerly line being 195 feet, more or less, in length. Parcel E: A rectangularly-shaped parcel of land on the easterly side of Railway's right of way for its main track, with said parcel being 25 feet in width, easterly and westerly, by 1,270 feet, more or less, in length, northerly and southerly, with easterly limit of said parcel of ground space coinciding with the Railway'S easteriy right of way line, westerly limit being parallel with and 25 feet distant easterly of the centerline of the Railway's main track and northerly limit being located 505 feet, more or less, southerly from Railway's Mile POst No. 317 from Jacksonville, Florida. Parcel F: A parcel of land on the westerly side of Railway's right of way for its main track at Delray Beach, Florida, more particularly described as follows: Beginning at a point located 4,450 feet, more or less, southerly from Railway's Mile Post No. 317 frOm Jacksonville, Florida, and 28 feet westerly of the centerline of Railway's main track; thence extending southerly parallel with and 28 feet distant westerly from the centerline of Railway's main track for a distance of 460 feet, more or less, to a point located 8 feet distant northerly of the north line of Swinton Avenue, as measured at right angles therefrom; thence westerly parallel with and 8 feet distant northerly from the north line of Swinton Avenue, as measured at right angles therefrom, thence westerly parallel with and 8 feet distant northerly of said north line of Swinton Avenue for 30 feet, more or. less, to RailWay's westerly right of way line; thence northerly along said westerly right of way line for 430 feet, more or less; thence easterly for said westerly right of way line for 430 feet, more or less; thence easterly for 23 feet, more less, to Point of Beginning. Ali as shown on Railway's Drawings A-1277-A, A-1277-B, and A-1277-C, dated 11/29/96, attached hereto and made a pan hereof. Page 1-A TO HAVE AND TO HOLD the hereby leased property: For the term of one (1) year from the effective date hereof subject to renewal as provided in paragraph D hereof, or until terminated as hereinafter provided. LESSEE COVENANTS TO PAY RENTAL AS FOLLOWS: An annual rental of $5,900.00, plus Florida Sales and Use Tax, payable in cash upon the execution and delivery of this lease, and if renewed, the same amount in cash in advance for each and everY year thereafter until terminated. All rentals for initial and renewal terms are payable in cash on the date specified, in advance, without oral or written demand. Lessee hereby expressly waiving such demand. LESSEE AND RAILWAY COVENANT AS FOLLOWS: A. In the event of termination of this lease by Railway before the expiration of the initial or any renewal terms, any rental paid in advance unearned shall be returned to Lessee, less any amounts owing to Railway under this lease. B. That none of the provisions hereof shall be waived or modified, except by Railway, or by mutual agreement, in writing, and no alleged verbal or written inducement prior to execution nor subsequent verbal waiver, or modification, shall be binding under any circumstances. Further, that this lease constitutes the entire understanding of the parties and that neither the failure of the Railway to enforce each and every provision, nor any course of conduct by the Railway shall be considered as a waiver of these provisions. C. Either party may, in its discretion, for any reason whatsoever, terminate this lease at any time by the giving of notice to the other party as hereinafter provided. If this lease is for a term of one or more years, then 30 days prior notice in writing of the intention of the party to terminate this lease shall be given to the other party. If this lease is for any term less than one year, then 10 days prior notice in writing of the intention of the party to terminate this lease shall be given to the other party, PROVIDED, HOWEVER, Railway may, at its option, terminate this lease for any default or breach of lessee by giving 2 days notice in writing of such termination to the lessee. Any notice of termination shall be delivered to the other party by placing such notice in the United States mail with sufficient postage directed to the other party's post office address, either as last furnished to the terminating party or as otherwise known to it. D. If Lessee holds over and remains in possession of the hereby leased property at~er the expiration of the term specified in this lease, or any renewals of such term, this lease shall be considered as renewed for one (1) year, subject to the same terms and conditions as herein contained in this lease. That Lessee shall have no expectation of renewal and that the term of this lease is only for the 6me specified herein, subject always to the termination provisions and regardless of the length Page 2 of time that Lessee has occupied the leased property, or the construction by Lessee of any buildings, structures, works, paving, barricades or personal property placed thereon. E. That if any provision or provisions of this lease shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. F. That Lessee shall use the leased property only for: Parcel A - Parking Parcel D -Parking Parcel B - Roadway Parcel E - Beautification Parcel C - Sidewalk Parcel F - Beautification AND LESSEE COVENANTS WITH RAILWAY AS FOLLOWS: 1. To keep the leased property and any buildings or other structure, now or hereat~er erected thereon, in good condition and repair at LeSsee's own expense during the existence of this lease, and to keep the leased property or premises free and clear of any and all grass, weeds, brash.and debris of any kind, so as to prevent the same becoming dangerous, inflammable or objectionable. Railway shall have no duty to inspect or maintain any of the leased property, buildings, or other structures, if any, during the term of this lease. 2. To vacate, quit and deliver up the leased property on or before any termination date of this lease in as good condition as it is now. 3. Not to erect or cause to be erected any building or other structure, or any addition to existing buildings or structures on the leased property without first obtaining the approval in writing by Railway of the location, material and construction of the same. 4. Not to sublet the leased property or any part thereof, nor assign this lease, without the consent in writing of Railway, this lease being executed by Railway upon the credit and reputation of Lessee. Acceptance by Railway of rental from a third party shall not be considered as an assignment. 5. Not to take any action or allow any action to be taken by third parties which will interfere with or disparage Railway's title to the leased property. 6. Not to permit the use of the leased property in any manner that will obstruct or interfere with the operation of the Railway, or use of its property. Page 3 7. Not to make or suffer any waste or any unlawful, improper, or offensive use of the leased property or premises, or any use disapproved by Railway. 8. To the extent allowed by law, and subject to the limitations of Florida State Statutes 768.28, to indemnify, save and hold harmless Railway, its agents, servants and employees from and against all loss, claims, costs charges, expense, suits, damage and judgments, which they may suffer, sustain or in anywise be subjected to, or for which it may be held liable on account of the death, personal injuries, damage or loss to any person or persons, including employees, agents and officers of Railway and of Lessee, directly or indirectly arising out of or on account of the leasing to or use of the property by Lessee; whether due or claimed to be due by the joint negligence of Railway, its employees, agents or servants, or otherwise. 9. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, to indemnify, save and hold harmless Railway, its agents, servants and employees from and against all loss, claims, costs, charges, expense, suits, damage and judgments, which they may suffer, sustain or in anywise be subjected to, or for which it may be held liable on account of any loss or damage caused in any manner to any of Lessee's. buildings, structures, works and any personal property whatsoever of Lessee, sitUated, placed, kept or stored on, in or near the property or premises hereby leased, as well as on account of loss or damage to any personal property whatsoever, not owned by Lessee, whether owned by Railway or by others, arising directly or indirectly out of or on account of the leasing to or use by Lessee of the property hereby leased; whether due or claimed to be due by the joint negligence of Railway, its employees, agents or servants or otherwise. I0. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, to indemnify Railway for all loss, claims, damage, costs and expenses, including attorneys' fees and environmental cleanup costs arising fi.om Lessee's presence upon or use of the leased premises which causes the premises to become contaminated by toxic or hazardous substances or wastes above levels which exceed the allowable levels as set forth in local, state or federal laws and regulations. Railway shall have the right, at reasonable times during the term of this Lease, upon prior notice to Lessee and accompanied by a representative of Lessee (except in eases of emergency) to enter the leased property, including any building or structure that may at any time be on the leased property, for the purpose of examining and inspecting the condition of the leased property and to ensure Lessee's compliance with the terms and conditions of this Lease. 11. To be responm~ole for and pay Railway the actual cost and expense Railway may incur in paying for, repairing or replacing any engines, cars, rail material, cross-ties, equipment, tools, machinery, freight or other property whatsoever, either owned or in possession of Railway, lost or damaged by any default by Lessee hereunder, or negligence, affirmative act, or omission of Lessee. 12. To perform, at the sole expense of Lessee, ali work required in the preparation of the property or premises hereby leased for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of Lessee. Page 4 13. To pay, within thirty (30) days at~er presentation unto Lessee by Railway of bills for the same, all special assessments, ad valorem taxes, and any other taxes of whatsoever kind or nature levied by the United States of America, State of Florida, any county, municipality or special taxing district organized and existing under the laws of the State of Florida, upon any of the property or premises herein leased. All taxes and special assessments, payable on an annual basis, are to be pro- rated by the parties hereto for the year during which this lease is made, as well as the year in which the same may be terminated. 14. To pay in the same manner as provided in Paragraph 13 hereof, the amount of any necessaxy documentary stamp taxes required to be affixed to this lease under the laws of the United States of America, the State of Florida, or both. 15. To pay, either directly or upon bills presented unto Lessee by Railway within thirty (30) days atter presentation of the same, all bills for electricity for lighting or power, gas, water, telephone and telegraph services, or the proportionate part of the same used by Lessee upon or in the leased property or premises. 16. That it will indemnify, .save and hold harm/ess Railway from any loss, claim or damage which Lessee may sustain arising directly or indirectly by reason of either existing or future zoning or other regulations promulgated by any governmental agency which may adversely affect use by Lessee of the lands hereinabove described, and Lessee shall assume all responsibility for procuring or complying with any ordinance, resolution, order, permit, consent or other such regulation, promulgated by any governmental agency whatsoever, for building or otherwise, required for the use of the premises hereinabove described or for the construction of any facilities upon such premises. 17. That it shall not permit others to use the whole or any part of the leased property or premises, except under and in compliance with the terms and conditions of this lease, and Lessee shall hold Railway harmless as to any such use. 18. That none of the provisions of Paragraph 'A' hereof shall be construed as any waiver by Railway of any'landlord's lien or liens of Railway upon any personal property, buildings or structures of Lessee, for any rental due or to become due hereunder unto Railway, and Lessee shall not remove any such sm~ctures, buildings or personal property fi-om the hereinabove described premises, unless and until all rentals and any other sum of money herein specified to be paid the Railway shall have been fully paid unto Railway. 19. That Lessee shall remove any buildings, structures, works or personal property upon the leased property or premises, including any such items placed upon the leased property or premises subsequent to the date of this lease on or before any termination date of this lease, upon request from the Railway to do so, and in default thereof, such property shall become the property of the Railway. PROVIDED, HOWEVER, Railway may, at its option cause removal of the same from the hereby Page 5 leased property or premises and/or storage thereof, and storage of any of Lessee's property and property of others, placed by or with Lessee's permission or sufferance on the hereby leased property or premises~ The reasonable cost or expense of removal and/or storage of any buildings, structures, works or personal property shall be paid by Lessee unto Railway forthwith upon demand for same. 20. That is waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including but not limited to special damages, severance damag~ removal costs or loss of business profits resulting from its loss of occupancy of the.leased property specified in this agreement, or adjacent properties owned or leased by it, when any or all of such properties are taken by eminent domain proceedings or sold under the threat thereof. That this waiver and relinquishment applies whether (1) this lease is in existence on the date of taking or sale; or (2) has been terminated prior thereto. 21. That it is expressly agreed by and between the parties hereto that any obligations of the Lessee under the terms of this agreement which are not paid within thirty (30) days of presentation of bills for same by Railway shall bear interest at the rate of twelve per cent (12%) per annum compounded annually from the date of presentation of the bill until same shall be paid. It is further expressly agreed that in the event Railway shall institute and prevail in any action or suit for the enforcement of any of its rights under the provisions of this agreement, Lessee will pay to Railway a reasomble attorney's fee on account thereof. Also in the event of litigation, the parties agree that the laws of the State of Florida wilI apply. In an action to enforce any of the provisions of this agreement, the parties hereto specifically agree that venue shall lie in St. Johns County, Florida. 22. That its facilities and operations on the herein leased area shall conform to all applicable regulations and ordinances of any governmental agency having jurisdiction thereof. 23. That, at its expense, it will install and maintain facilities to prevent accumulation of surface water, industrial liquids, solid waste matter and sanitary waste resulting from Lessee's operations within the herein leased area. Such facilities to be approved by the Railway and any other governmental agency having jurisdiction thereof. 24. Should any portion of the property described in this lease be used for the loading, unloacli~ or storage of hazardous materials, the Lessee shall (1) be solely responsible for ascertaining that local, state and federal laws, ordinances and regulations do not prohibit the loading, unloading or storage of hazardous materials on the leased property and (2) be solely responsible as between the Railway and the Lessee, for complying with all of the foregoing laws, ordinances and regulations which affect or regulate the loading, unloading or storage operations of hazardous materials on this leased property. . Page 6 25. It is understood between the parties hereto that Railway reserves unto itself, its successors, permittees, licensees, or other persons, the right to construct and maintain other facilities, including but not limited to, pipelines and/or communication cables, over and across the Railway's affected herein leased property, and further, that Lessee shall take no measures to interfere with the construction or maintenance of said facilities and Shall at all times allow ingress and egress to the herein leased property by said successors, pern~ttees, licensees or other persons. 26. Lessee will do no grading on said leased ground space that will in any manner interfere with the Railway's roadbed or other facilities. 27. Lessee is specifically notified that its personnel may be working in an area containing buried active fiber-optic transmission cables as well as other cables and other facilities. Great care will be taken by the Lessee to ensure that no damage is done to those cables and facilities. However, if a cable or other facility is damaged or cut, Lessee agrees to indemnify Kailway for any monetary 'damages which may result. 28. Lessee agrees that no plants, shrubbery, or other vegetation that would obstruct the view of motor vehicles or train crews using a crossing at grade, Or interfere with the operation of trains, will be placed on the above 'described property; in addition to the above restriction, no plants, shrubbery or other vegetation having a height of more than two feet (2') will be placed within two hundred fi_fly feet (250') of any at grade street crossing, and if such vegetation exceeds two feet (2') in height, the Railway may trim such vegetation to a two foot (2') height at Lessee's expense; that said plants, shrubbery or other vegetation shall be trimmed by the Lessee so as to maintain a distance from the centerline of the nearest track of twenty-five feet (25') and if such vegetation is closer than twenty-five feet (25') from the centerline of the nearest track, the Railway may trim or remove such vegetation so that no vegetation is within twenty-five feet (25')of the centerline of the nearest track at Les.see's expense. However, this restriction in no way limits the indemnification provisions of this lease as set forth in Paragraphs 8 and 9 hereof. Also, no plants, shrubbery or other vegetation of a hazardous nature that might produce injUry to any person coming in contact with said plants, shrubbery or other vegetation will be placed upon said property of Railway by the Lessee. The placement of any wells by the Lessee on the property of the Kailway is strictly prohibited. 29. Lessee recognizes ownership of said property by the Railway and Lessee has no intention of setting up any claim of ownership to the herein leased properties. 30. Lessee shall, at its sole cost and expense, install, maintain, and/or replace such barricades and bumping, blocks, as required by the Railway, to prevent automobiles from being parked or rolling beyond the space hereby leased. In the event Lessee does not maintain, and/or replace said barricades or bumping blocks to prevent automobiles from being parked or rolling beyond the space hereby leased within thirty (30) days after notification by Railway, then, in that event, this lease agreement shall be canceled and Lessee shall immediately vacate the property. 31. This agreement cancels and supersedes that certain Lease Agreement by and between the parties hereto, dated January 9, 1991, covering the hereinabove described property. Page 7 ' IN WITNESS WItEREOF, the parties hereto have caused these presents to be duly executed under the seal. Signed, sealed and delivered FLORIDA EAST COAST RAILWAY in the presence off COMPANY, a Florida Corporation By: .(SEAL) C. F. Zellers, Jr., President Attest: Witnesses as to Railway Mary C. Mueller, Assistant Secretary Date of Execution: CITY OF DELRAY BEACH a Municipal Corporation of the State of Florida ~. ,,,.By: (SEAL) Witness as to Lessee Mayor ,,~Print Name). ,,,,~rint Name). .,,Attest: '"Witness as to Lessee City Clerk /(Print Name). .~al4mt Name). ,,,'Date of Execution: / Approved as to Form: Page 8 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER'S'{ SUBJECT: AGENDA ITEM # ~' - MEETING OF JANUARY 21, 1997 CHANGE ORDER NO. 3/GOLDEN EAGLE ENGINEERING CONTRAC- TORS, INC. DATE: JANUARY 17, 1997 This is before the Commission to consider Change Order No. 3 to the contract with Golden Eagle Engineering Contractors, Inc. for miscellaneous revisions and adjustments and 91 additional days for the East Atlantic Avenue Beautification project. The total amount of Change Order No. 3 is a net add amount of $151,932.49. The ISTEA Grant will absorb a portion of the total dollars as identified in Schedule "A" and will reimburse the City $77,963.80. Funding in the amount of $31,310.40 is available from Water and Sewer Renewal and Replacement - Other Improvements (Account No. 442-5178-536-63.90); and $42,658.29 from Street Reconstruction (Account No. 334-3162-541-61.17). Recommend approval of Change Order No. 3 with Golden Eagle Engineering Contractors, Inc. Agenda Item No. ~- AGENDA REQUEST Date: January 16, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: January 21, 1997 Description of item (who, what, where, how much): Change Order #3 to Golden Eagle Engineering Contractors on the East Atlantic Avenue Beautification Project (93-68). The scope of work includes estimated final Contract plus/minus as-built quantity adjustments; utility adjustments/relocations; future traffic signal conduits/pull boxes; light pole change from steel to concrete; FPL conduit additions for the underground service; and conduit for the existing traffic signals at Venetian/Glean and A1A. It also includes additional Contract Calendar days for the preceding changes, rain days and City Events/Holidays. The items and amounts are listed on Schedule "A" of Change Order #3. The total amount of Change Order #3 is a net add amount of $151,932.49; and an additional 91 calendar days to the Contract time. The ISTEA Grant will absorb a portion of the total dollars and will be reimbursed to the City. The City's portion of the Change Order is a net dollar amount of $73,968.69; and an additional 49 calendar days. Funding is available from 442-5178-536-63.90 (W/S Renewal and Replacement - Other Improvements) for $31,310.40; and from 334-3162-541-61.17 (Street Reconstruction) for $42,658.29.S/~ A~~/N'O~· ORDINANCE/RESOLUTION REQUIRED: YE RAFT Recommendation: Commission fo #3 to Golden Eagle Engineerinq Contractors. /, Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: ~ i~1 Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Division~L---~~-~w~''~'-L-' Date: January 16, 1997 Re: East Atlantic Avenue Beautification - Project 93-68 Change Order #3 As-Built Quantity Adjustments and Time Extension Attached for Commission approval is an agenda request for Change Order #3 to Golden Eagle Engineering Contractors, Inc. on the above referenced Project. Change Order #3 encompasses the estimated final Contract plus/minus as-built quantity adjustments; utility adjustments/relocations; future traffic signal conduits/pull boxes; light pole change from steel to concrete; FPL conduit additions for the underground service; Cable TV conduit additions; Audio conduit pull/junction boxes and conduit for the existing traffic signals at Venetian/Gleason and A1A. It also includes additional Contract Calendar Days for the preceding changes, rain days and City Events and Holidays. The items and amounts are listed on Schedule UA" of Change Order #3 attached. A further explanation of the additional days requested is also attached as well as a detailed justification page. The total amount of Change Order #3 is a net add amount of $151,932.49; and an additional 91 Calendar Days added to the Contract time. The additional Contract time of 91 Calendar days is in addition to the 14 Calendar days previously approved per Change Order #1. The new completion dates per this Change Order will be December 22, 1996 for Substantial and January 21, 1997 for Final Completion. The ISTEA Grant will absorb a portion of the total dollars as identified in Schedule "A" and will reimburse the City. The breakdown for amounts/days is as follows: Amount Calendar Days City Funded $ 73,968.69 49 ISTEA Funded $ 77.963.80 42 Total $151,932.49 91 Funding is available from 442-5178-536-63.90 (W/S Renewal and Replacement Other Improvements) for $31,310.40; and from334-3162-541-61.17 (Street Reconstruction) for $42,658.29. File: Memo to City Manager 9368A :co3memo CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #3 PROJECT NO. 93-68 DATE: PROJECT TITLE: East Atlantic Avenue Beautification TO CONTRACTOR: Golden Eagle Engineering Contractors, 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: Quantity Adjustments / Revisions per Schedule ~A" attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,791,563.65 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 125,842.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,917,405.65 COST OF CONSTRUCTION CHANGES THIS ORDER $ 151,932.49 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2,069,338.14 PER CENT INCREASE THIS CHANGE ORDER 8.5% TOTAL PER CENT INCREASE TO DATE 15.5% Additional 91 calendar days are added by this change order. Adjusted completion dates are: Substantial: December 22, 1996 Final: January 21, 1997 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. GOLDEN EAGLE ENGINEERING CONTRACTORS, INC. (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source 442-5178-536-61.78 (W/S Renewal and Replacement - Other Improvements) for $31,310.40; and from 334-3162-541-61.17 (Street Reconstruction) for $42,658.29. DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By C. Danvers Beatty, P.E., Acting Dr. Jay Alperin, Mayor Dir of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk DETAILED JUSTIFICATION I.S.T.E.A. Items Line No. Description 1. The uplift lighting outlined in this item was not indicated on the plans at the planter boxes. In order t o maintain consistency with Atlantic Avenue west of the Intracoastal, the uplift lighting was installed. 2. These additional pull boxes are a result of the added uplift lighting 3. This conduit was added as a result of Palm Beach County traffic signal enhancement program, rather than have a separate contractor on the project this item was added to Golden Eagles contract and funded by F.D.O.T. 4. Pull boxes associated with the work in line no. 3. 5. These are actual rain days identified by our inspector as legitimate time delays. 6. Per F.D.O.T. on a calendar day project such as Atlantic Avenue, the weekend tied to a holiday as well as the holiday itself are automatic time suspension. City Items NOTE: All of the following items were not part of the original contract, nor were pay items in the contract for this work. Per section 8-7.3.2 "Contract time extensions" of the F.D.O.T. Standard Specifications for Road and Bridge Construction, the contractor is entitled to additional time for work requested which is not included in the original contract. Line No. Description 7. This item was not indicated in the plans, however to maintain uniformity with the remainder of the project the sidewalk pavement, which went to the store fronts were removed and paver bricks installed. 8. The original detail on the plans did not call for sleeving of utilities through conflict structures. It is a city requirement, as well as good engineering practice to provide sleeves on pipes through conflict structures. 9. This was an additional conflict structure not shown on the plans and was required as a result of the as-built elevation of the 30" ocean outfall force main being higher than indicated on the plan. 10. This conflict was encountered and drainage pipe reconstructed as a result of the as-built elevation being different from that in the field. 11. An existing trench drain and pipe were encountered at A1A. While this was shown on the plans, they did not call for the pipe to be connected. Upon further review of the field conditions it was decided to make the connection. 12. As a result of poor existing utility information at this location, exploratory excavation was required in order to properly locate existing facilities in an effort to avoid conflicts. 13. Roof drains for building on the south side were not identified on the plans and would have been nearly impossible to do so. As roof drains were encountered they were connected to the drainage system. 14. Same justification as line no. 13. 15. While the contractor was on site a 14" force main ruptured at no fault to them. Rather than have an additional contractor on site, Golden Eagle was requested to repair the break. 16. The existing sanitary service to the beach patrol facility was not shown on the plans. As a result a new lateral was required. 17. The contractor had begun the installation of a drainage cross drain, when a conflict was encountered with the 30" ocean outfall. The plans did not indicate this as a conflict. The contractor had to remove the cross drain and reconstruct it at a lower elevation. 18. An existing drainage connection to the Spanish River Resort was encountered, which was not shown on the plans. The connection was added. 19. The contractor had begun the installation of a drainage cross drain, when a conflict was encountered with the 16" watermain. The plans did not indicate this as a conflict. The contractor had to remove the cross drain and reconstruct it at a lower elevation. 20. Drainage structure S-6 was set and the cross drains out of the structure were started, when an elevation and location conflict was encountered with an existing watermain and telephone duct bank. 21. The sidewalk between the indicated stations exceeded the maximum slope requirements. Redesign was required, thus the delay was created. 22. As a result of the modifications to the plan in item no. 21, the planter boxes had to be modified accordingly. 23. An existing 6" watermain, which was not shown on the plans and not located, was struck by the contractor. The line was repaired by the contractor and a delay resulted. 24. Florida and Power and Light required an additional splice box be placed within the sidewalk adjacent to the Spanish River Resort. The subcontractor for F.P. & L. took much longer than anticipated and caused the sidewalk construction to be delayed. 25. Adelphia Cable added this additional cable to their plans after the project had begun. 26. The plans call for audio system in the landscape nodes, but did not indicated pull boxes. The pull boxes will be required in order to implement the audio system. 27. This item was required as a result of item no. 26. 28. The project was delayed the specified days as a result of these City events. NOTE:There are several pay items, which could not be completed until F.P.& L. had their overhead lines and poles removed. This work was not completed by F.P.&L. until 1/16/97. Work delayed as a result of this includes completion of landscaping and paver brick sidewalks. The City, nor the contractor have control over F.P.&L.'s work scheduling, however several requests were made of F.P.&L. to work as quickly as possible. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~:~I SUBJECT: AGENDA ITEM # ~.~. - MEETING OF JANUARY 21, 1997 BID AWARDS FOR AUTOMOTIVE PARTS/MULTIPLE VENDORS DATE: JANUARY 17, 1997 This is before the Commission to award bids to multiple vendors for automotive parts. This item is on your regular agenda since many items are not awarded to the low bidder. Explanations are provided in the Award Recommendation, attached. Recommend approval of the bid awards to multiple vendors, at an estimated annual cost of $22,874, with funding from various departments' operating budgets. Agenda Item No.: ~.F. AGENDA REQUEST Date: '3anuary 26, 1997 Request to be placed on:, XX Regular Agenda Special Agenda Workshop Agenda When: January 21, 1997 Description of agenda item (who, what, where~ how much): Bid Award - Bid #97-01 - Automotive Parts Annual Contract, Award to various vendors'at an estimated annual cost of $22,87~.00 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award annual contract for automotive parts to various vendors at estimated annual cost of $22,874. Funding from various departm~nt'~ operat~n~ budget. Department Head Signature:~ ...... -/~ ~ ~~ ~~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~ NO~}'/[ ~~ Funding alternatives.*--' (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda~: ~/ NO ~/~'/1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor ~ THROUGH: Joseph Safford, Finance Director DATE: January 16, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JANUARY 21, 1997 - BID AWARD - 97-01 AUTO PARTS - ANNUAL CONTRACT Item Before Commission: The City Commission is requested to approve multiple awards to various vendors listed below for the purchase of automotive parts, at an estimated annual cost of $22,874. Background: Bids were received on December 20, 1996, from eight (8) vendors all in accordance with City's purchasing procedures. (Bid ~97-01 on file in the Purchase Office.) A tabulation of bids is attached for your review. The Deputy Director of Public Works and Purchasing Warehouse personnel have reviewed the bids received and recommend award to various vendors as highlighted on the attached tab sheet. Recommendation: Staff recommends award to vendors listed below at an estimated annual cost of $22,874. Funding from various department's operating budget. Vendor: Est. Dollar Amount: A to Z Auto Parts $ 16,666.06 Napa Auto Parts 455.62 Bennett Auto Supply Inc. 748.56 The Parts House, Inc. 256.82 L & L Distributors 782.64 Marc Industries 881.52 S & H Distributors 3,055.78 TOTAL $ 22,847.00 Attachments: Tabulation of Bids City of Delray Beach Award Recommendations CITY OF DELRAY BEACH AWARD RECOMMENDATION AUTO PARTS BID #97-01 Item Item Unit # Description Vendor Price Comments 1. A/C Freon A to Z Auto $ 460.00 cyl Low Bidder 30 lb. Cylinder Parts #209514 R12 2. A/C Freon S & H $ 112.50 cyl Low Bidder 30 lb. Cyliner Distributors #134A 3. A/C Oil Change A to Z Auto $ 3.99 ea Low Bidder Parts 4. A/C Receiver/ A to Z Auto $ 31.00 ea Low Bidder Dryer Parts Motorcraft YF1707 5. Beacon S & H $ 104.00 ea Low Bidder - Marc Rotating Amber Distributors Industries - did not bid a equal quality item 6. Strobe Light S & H $ 93.03 ea Low Bidder Universal Distributors 7. Strobe Light S & H $ 18.62 ea Low Bidder Bulb Distributors 8. Mirror Repair A to Z Auto Parts $ 1.49 ea Low Bidder Kit 9. Back-Up Alarm Marc Industries $ 49.10 ea Low Bidder Ecco 10. Battery A to Z Auto Parts $ 1.79 ea Low Bidder Holdown 11. Battery A to Z Auto Parts $ 1.20 ea Low Bidder Holdown Bolt 12. Belt A/C A to Z Auto Parts $ 11.09 ea Low Bidder All Systems 87,89,91 LTD 13. Belt Alt A to Z Auto Parts $ 9.08 ea Low Bidder All Systems 87,89,91 LTD Item Item Unit Description Vendor Price Comments 14. Belt A/C A to Z Auto Parts $ 10.76 ea Low Bidder All Systems 87,89,91 LTD 5L 15. Belt Alt. A to Z Auto Parts $ 6.80 ea Low Bidder 89, 92 Taurus 16. Belt A/C A to Z Auto Parts $ 10.25 ea Low Bidder 89, 92 Taurus 17. Belt 93 Taurus A to Z Auto Parts $ 10.02 ea Low Bidder 18. Belt 92 Astro A to Z Auto Parts $ 11.16 ea Low Bidder 90 Caprice 19. Belt 92 LTD A to Z Auto Parts $ 9.78 ea Low Bidder 20. Belt 94 Caprice A to Z Auto Parts $ 10.19 ea Low Bidder 21. Belt 7 Groove A to Z Auto Parts $ 9.00 ea Low Bidder 93 LTD 22. Belt 6 Groove A to Z Auto Parts $ 10.24 ea Low Bidder 93 LTD Motorcraft JK6-985 23. Belt 96 A to Z Auto Parts $ 9.27 ea Low Bidder Cavalier 24. Belt 96 A to Z Auto Parts $ 15.55 ea Low Bidder 3500 Chevy 25. Belt 96 F250 A to Z Auto Parts $ 13.66 ea Low Bidder 26. Belt Diesel A to Z Auto Parts $ 12.22 ea Low Bidder 96 Chevy 6.5L 27. F. Brake Pads A to Z Auto Parts $ 21.88 set Low Bidders - Marc 87,88,92 and Parts House Ramcharger did not bid equal quality product 28. F. Brake Pads A to Z Auto Parts $ 29.58 set Low Bidders - Marc 90 Caprice and Parts House did not bid equal quality product 29. Brake Pad Bennett Auto $ 5.85 set Low Bidders - NAPA, Hardware 90, Supply Marc, and Parts 94 Caprice House did not bid quality product Item Item Unit # Description Vendor Price Comments 30. F. Brake Pads A to Z Auto Parts $ 31.50 set Low Bidder - Parts 87,89,91,92, House did not bid 93 LTD equal quality Carbon Metallic product 31. F. Brake Rotor A to Z Auto Parts $ 31.25 set Low Bidder - Parts 92,93 LTD House did not bid equal quality product 32.' F. Brake Pads A to Z Auto Parts $ 14.96 each Low Bidder 91 S-10 33. F. Brake Pads A to Z Auto Parts $ 19.88 set Low Bidder 91 Escort 34. F. Brake Pads A to Z Auto Parts $ 21.50 set Low Bidder 96 F250 35. F. Brake Pads A to Z Auto Parts $ 24.98 set Low Bidders - Marc 89,91,92 Taurus and Parts House did C. Metallic not bid equal quality product 36. F. Brake Pads A to Z Auto Parts $ 41.89 set Low Bidders - Marc, 93 Taurus NAPA, Parts House C. Metallic did not bid equal quality product 37. F. Brake Pads A to Z Auto Parts $ 14.70 set Low Bidder 90 Corsica 38. F. Brake Pads A to Z Auto Parts $ 18.75 set Low Bidder - Parts 96 Cavalier House did not bid equal quality product 39. F. Brake Pads A to Z Auto Parts $ 18.88 set Low Bidder 96 3500 Chevy 40. F. Brake Pads A to Z Auto Parts $ 14.76 set Low Bidder Diesel 96 3500 Chevy 41. R. Brake Pads Bennett Auto $ 22.32 set Low Bidder - A to Z 92 LTD Supply Inc. Auto quoted wrong part number and Napa and Marc did not bid equal quality product 42. R. Brake Pads A to Z Auto Parts $ 17.85 set Low Bidder - Parts 93 LTD House did not bid equal quality product Item Item Unit # Description Vendor Price Comments 43. R. Brake Rotor A to Z Auto Parts $ 32.90 ea Low Bidder - 92,93 LTD Bennett did not bid equal quality product 44. F. Brake Pads A to Z Auto Parts $ 29.77 set Low Bidder - Parts 94 Caprice House did not bid equal quality product 45. F. Brake Rotor A to Z Auto Parts $ 57.48 ea Low Bidder - Marc - 94 Caprice did not bid equal quality product 46. R. Brake Pads A to Z Auto Parts $ 28.97 set Low Bidders - Marc, 94 Caprice and Parts House did not bid equal quality product 47. R. Brake Rotor Bennett Auto $ 37.42 set Low Bidder - A to Z 94 Caprice (Wagner) not equal quality product 48. R. Brake Shoes A to Z Auto Parts $ 11.99 set Low Bidder - Parts 90 Caprice House did not bid equal quality product 49. R. Brake Shoes A to Z Auto Parts $ 7.90 set Low Bidder - Parts Ramcharger House did not bid 87,89,91 LTD equal quality product 50. R. Brake Shoes A to Z Auto Parts $ 7.96 set Low Bidder - Parts Ramcharger House did not bid equal quality product 51. R. Brake Shoes Bennett Auto $ 14.54 set Low Bidder - Parts 91,93 Taurus Supply House did not bid equal product 52. R. Brake Shoes A to Z Auto Parts $ 11.28 set Low Bidder 92 Taurus 53. Ro Brake Shoes A to Z Auto Parts $ 17.16 set Low Bidders - NAPA, 92 Taurus and Parts House did not bid equal quality product 54° Jumper Cable A to Z Auto Parts $ 22.26 ea Low Bidder 55. Battery A to Z Auto Parts $ 119.00 ea Low Bidder Charger Item Item Unit ~ Description Vendor Price Comments 56. Thermostat A to Z Auto Parts $ 4.84 ea Low Bidder 92 LTD Motorcraft RTll03 57. Thermostat NAPA Auto Parts $ .85 ea Low Bidder Gasket 92 LTD 58. Thermostat A to Z Auto Parts $ 9.76 ea Low Bidder 94 Caprice Stant 14218 59. Flasher #550 L & L Distributors $ 1.69 ea Tie Bid with Emergency Lights Distributors award to L & closet to Delray 60. Flasher #552 S & H Disbributors $ .81 ea Low Bidder Emergency Lights 61. Flasher Heavy L & L Distributors $ 5.25 ea Low Bidder Duty 3 Prong 62. Flasher Heavy L & L Distributors $ 4.75 ea Low Bidder Duty 2 Prong 63. Flasher Unit L & L Distributors $ 39.00 ea Low Bidder WIG-WAG Headlight Police 64. Flasher Police S & H Distributors $ 12.37 ea Low Bidder WIG WAG Alternating 65. Light Bulb Bar L & L Distributors $ 3.84 ea Low Bidder Police 66. Light Bulb S & H Distributors $ 38 ea Low Bidder #2057 67. Light Bulb S & H Distributors $ 18 ea Low Bidder ~1157 68. Light Bulb L & L Distrubutors $ 80 ea Low Bidder %3156 69. Light Bulb S & H Distributors $ 55 ea Low Bidder #3157 70. Light Bulb S & H Distributors $ 37 ea Low Bidder #1156 71. Light Bulb S & H Distributors $ 49 ea Low Bidder #906 72. Handle L & L Distributors $ 13 34 ea Low Bidder Spotlight Police Item Item Unit # Description Vendor Price Comments 73. Cab Fan Marc Industries $ 19.95 ea Low Bidder Universal 74. Circuit Breaker A to Z Auto Parts $ 1.38 ea Low Bidder 75. Circuit Breaker S & H Distributors $ 1 46 ea Low Bidder 2 Post 76. Toggle Switch Bennett Auto Supply $ 1 80 ea Low Bidder Large 2 Post 77. Toggle Switch A to Z Auto Parts $ 2 05 ea Low Bidder DS-193 78. Toggle Switch S & H Distributors $ 1 78 ea Low Bidder Small 2 Post 79. Air Filter Marc Industries $ 14 43 ea Low Bidder Monitor 80. Air Filter 5L A to Z Auto Parts $ 2 25 ea Low Bidder F150 81. Air Filter 87, A to Z Auto Parts $ 2.25 ea Low Bidder 91 LTD 82 Air Filter A to Z Auto Parts $ 2.25 ea Low Bidder Chevy 305/350 83 Air Filter A to Z Auto Parts $ 2.45 ea Low Bidder Taurus Aero-Star 84 Air Filter A to Z Auto Parts $ 2.25 ea Low Bidder Jimmy 85 Air Filter A to Z Auto Parts $ 2.25 ea Low Bidder Omni 86 Air Filter A to Z Auto Parts $ 2.35 ea Low Bidder Tempo 87 Air Filter A to Z Auto Parts $ 2.35 ea Low Bidder 92 Tempo 88 Air Filter A to Z Auto Parts $ 2.35 ea Low Bidder V8 Ford Truck 89 Air Filter The Parts House $ 4.46 ea Low Bidder GMC Truck 90 Air Filter A to Z Auto Parts $ 2.25 ea Low Bidder 90 Escort Item Item Unit # Description Vendor Price Comments 91 Air Filter A to Z Auto Parts $ 2.40 ea Low Bidder 89,92,93 LTD 92 Air Filter A to Z Auto Parts $ 2.40 ea Low Bidder Fl50, F250 93 Air Filter A to Z Auto Parts $ 2.25 ea Low Bidder GM 2BRL 94 Air Filter The Parts House $ 4.36 ea Low Bidder F350 Truck 95 Air Filter The Parts House $ 4.49 ea Low Bidder 92 F350 96 Air Filter A to Z Auto Parts $ 2.25 ea Low Bidder 90 Caprice 97 Air Filter A to Z Auto Parts $ 2.40 ea Low Bidder 94 Caprice 98 Air Filter A to Z Auto Parts $ 2.25 ea Low Bidder Aries 99 Breather Air A to Z Auto Parts $ .50 ea Low Bidder Filter Omni 100 Breather Air A to Z Auto Parts $ .80 ea Low Bidder Filter GM 101 Breather Air A to Z Auto Parts $ .60 ea Low Bidder Filter Ford 102 Breather Air A to Z Auto Parts $ 1.19 ea Low Bidder Filter Ford F250 103 Breather Air A to Z Auto Parts $ .80 ea Low Bidder Filter Ford 104 Breather Air A to Z Auto Parts $ .80 ea Low Bidder Filter 91 LTD 105 Breather Air A to Z Auto Parts $ .30 ea Low Bidder Filter 92 Tempo 106 Air Filter The Parts House $ 2.57 ea Low Bidder 96 Cavalier 107 Air Filter A to Z Auto Parts $ 2.25 ea Low Bidder 91 Chevy S10 108 Air Filter A to Z Auto Parts $ 2.25 ea Low Bidder 91 Escort Item Item Unit Description Vendor Price Comments 109. Air Filter A to Z Auto Parts $ 4.35 ea Low Bidder 91 Diesel Turbo 95 Chevy 110. Air Filter A to Z Auto Parts $ 5.90 ea Low Bidder 96 3500 Chevy 111. Air Filter Marc Industries $ 5.58 ea Low Bidder Diesel 96 3500 Chevy 112. Fuel Filter A to Z Auto Parts $ .45 ea Low Bidder GM 113. Fuel Filter The Parts House $ 1.98 ea Low Bidder Ford 114. Fuel Filter A to Z Auto Parts $ 3.05 ea Low Bidder 90 Caprice 115. Fuel Filter A to Z Auto Parts $ 4.10 ea Low Bidder 94 Caprice 94 Buick Century 116. Fuel Filter A to Z Auto Parts $ 1.05 ea Low Bidder GM 117. Fuel Filter A to Z Auto Parts $ 4.30 em Low Bidder 96 Cavalier 118. Fuel Filter A to Z Auto Parts $ 4.65 ea Low Bidder Sierra S10 Cavalier 119. Fuel Filter The Parts House $ 1.92 ea Low Bidder 90 Corsica 120. Fuel Filter Marc Industries $ 4.31 ea Low Bidder 89 Aries 121. Fuel Filter A to Z Auto Parts $ .45 ea Low Bidder LTD 5.8L 122. Fuel Filter A to Z Auto Parts $ 2.75 em Low Bidder 92 F250 123. Fuel Filter A to Z Auto Parts $ 3.70 ea Low Bidder LTD 4.6L Tempo 124. Fuel Filter A to Z Auto Parts $ 10.75 ea Low Bidder Diesel 92 F350 125. Fuel Filter A to Z Auto Parts $ 4.30 ea Low Bidder John Deere Item Item Unit # Description Vendor Price Comments 126. Fuel Filter The Parts Mouse $ 5.84 ea Low Bidder Diesel Turbo 95 Chevy 127. Oil Filter A to Z Auto Parts $ 1.95 ea Low Bidder 94 Caprice/Jimmy 128. Oil Filter A to Z Auto Parts $ 1.95 ea Low Bidder Omni, Aries, Toyota 129. Oil Filter A to Z Auto Parts $ 1.95 ea Low Bidder GM 130. Oil Filter A to Z Auto Parts $ 1.95 ea Low Bidder Escort, 89,92 93 Taurus 131. Oil Filter A to Z Auto Parts $ 1.95 ea Low Bidder 90 Caprice Chevy 132. Oil Filter A to Z Auto Parts $ 1.95 ea Low Bidder Ford 133. Oil Filter A to Z Auto Parts $ 2.00 ea Low Bidder LTD, 92 tempo 134. Oil Filter The Parts Mouse $ 1.15 ea Low Bidder GMC, 90 Sierra 135. Oil Filter A to Z Auto Parts $ 1.95 ea Low Bidder 91 Chevy S-10 95 Cavalier 136. Oil Filter A to Z Auto Parts $ 2.10 ea Low Bidder 92, 93 LTD 137. Oil Filter A to Z Auto Parts $ 3.45 ea Low Bidder F250 138. Oil Filter A to Z Auto Parts $ 1.85 ea Low Bidder John Deere 139. Oil Filter A to Z Auto Parts $ 1.95 ea Low Bidder Diesel Turbo 95 Chevy 140. Dispenser A to Z Auto Parts $ 2.40 ea Low Bidder Fuel Filter EXT Unleaded, INT Diesel 141. Grease Seal A to Z Auto Parts $ .75 ea Low Bidder Ford 142. Grease Seal A to Z Auto Parts $ .70 ea Low Bidder 90, 94 Caprice Chevy Item Item Unit # Description Vendor Price Comments 143. Grease Seal A to Z Auto Parts $ 2 22 ea Low Bidder Tempo 144. Grease Seal A to Z Auto Parts $ 3 18 ea Low Bidder 88, 92 Ramcharger 145. Power Steering A to Z Auto Parts $ 12 00 ea Low Bidder Line 91 LTD 5.8L 146 Idler Arm A to Z Auto Parts $ 12 75 ea Low Bidder 90 Caprice 147 Idler Arm A to Z Auto Parts $ 28 00 ea Low Bidder 91, 92 LTD 148 Distributor A to Z Auto Parts $ 9 00 ea Low Bidder Cap 90 Caprice Standard DR450 149 Caps 89, 93 NAPA Auto Parts $ 7 50 ea Low Bidder Ford Taurus 150 Ignition Rotor A to Z Auto Parts $ 2 15 ea Low Bidder 90 Caprice 151 Rotors 89 Ford NAPA Auto Parts $ 1 82 ea Low Bidder Taurus 3.0L, 93 Taurus 3.8L 152. Ignition Coil NAPA Auto Parts $ 21.30 ea Low Bidder 94 Caprice 5.7L 153. Ignition Coil A to Z Auto Parts $ 24.00 ea Low Bidder Pack 93 LTD 154. Spark Plug A to Z Auto Parts $ 1.10 ea Low Bidder - NAPA 93 LTD did not bid equal quality item 155. Spark Plug A to Z Auto Parts $ 1.10 ea Low Bidder - NAPA 91 LTD did not bid equal quality item 156. Spark Plug A to Z Auto Parts $ 1.10 ea Low Bidder 90 Caprice 5o7L 90 Sierra 157. Spark Plug A to Z Auto Parts $ 1.10 ea Low Bidder - NAPA 92 LTD did not bid equal quality item 158. Spark Plug A to Z Auto Parts $ 5.00 ea Low Bidder 94 Caprice Item Item Unit # Description Vendor Price Comments 159. Spark Plug A to Z Auto Parts $ 2.31 ea Low Bidder - NAPA 89 Ford Taurus did not bid equal quality item - Tie Bid w/Parts House - A to Z local vendor 160. Spark Plug A to Z Auto Parts $ 1.10 ea Low Bidder - NAPA 93 Ford did not bid equal quality item 161. Spark Plug A to Z Auto Parts $ 42.66 ea Low Bidder Wires 92, 93 LTD Belden 700457 162. Spark Plug A to Z Auto Parts $ 19.56 ea Low Bidder Wires Caprice 90 Belden 700398 163. Spark Plug A to Z Auto Parts $ 45.00 ea Low Bidder Wires 94 5.7/L Belden 700785 Caprice 164. Plug Wires A to Z Auto Parts $ 18.52 ea Low Bidder 89 Ford Taurus 165. Plug Wires A to Z Auto Parts $ 21.03 ea Low Bidder 93 Ford Taurus 166. Starter NAPA Auto Parts $ 132.36 ea Low Bidder 93 LTD 4.6L 167. Starter Bennett Auto $ 50.18 ea Tie Bid With 90 Dierra Supply Parts House - Bennett Local vendor 168 Voltage A to Z Auto Parts $ 16.50 ea Low Bidder Regualator Ford 169 Voltage A to Z Auto Parts $ 14.85 ea Low Bidder Regualator Chrysler 170 Sealbeam H4651 A to Z Auto Parts $ 3.60 ea Low Bidder Halogen Police 171 Sealbeam H4656 A to Z Auto Parts $ 3.60 ea Low Bidder Halogen Police 172 Sealbeam H6054 A to Z Auto Parts $ 6.75 ea Low Bidder Halogen Police 173 Sealbeam Marc Industries $ 4.60 ea Low Bidder 4416 174 Sealbeam Marc Industries $ 6.50 ea Low Bidder 4435 Item Item Unit # Description Vendor Price Comments 175. Headlight Bulb A to Z Auto Parts $ 5.75 ea Low Bidder Assy. 91, 92 Taurus 176. Tire Valve A to Z Auto Parts $ 1.95 ea Low Bidder 177. Fix-A-Flat Bennett Auto Supply $ 1.89 ea Low Bidder Tire Repair 178. Transmission The Parts House $ 2.98 ea Low Bidder Svc. Kit 91 LTD 179. Transmission The Parts House $ 6.34 ea Low Bidder Svc. Kit 90 Caprice 180. Transmission The Parts House $ 8.18 ea Low Bidder Svc. Kit 92, 93 Taurus 181. Transmission The Parts House $ 8.78 ea Low Bidder Svc. Kit 92, 93 LTD 182. Transmission A to Z Auto Parts $ 12.20 ea Low Bidder Svc. Kit 94 Caprice 183. Trans Mount NAPA Auto Parts $ 4.66 ea Low Bidder 90 Caprice 184. Wheel Bearing NAPA Auto Parts $ 4.34 ea Low Bidder Front Outer 87,88,92 Ramcharger 185. Wiper Assembly A to Z Auto Parts $ 2.70 ea Low Bidder Jimmy 186. Wiper Assembly A to Z Auto Parts $ 3.27 ea Low Bidder 89, 93 Taurus 187. Wiper Assembly A to Z Auto Parts $ 3.27 ea Low Bidder Tempo 188. Wiper Assembly A to Z Auto Parts $ 2.70 ea Low Bidder 25-18 189. Wiper Assembly A to Z Auto Parts $ 2.97 ea Low Bidder 91 Taurus 190. Wiper Assembly A to Z Auto Parts $ 3.47 ea Low Bidder 92 LTD 94 Caprice 191. Wiper Assembly A to Z Auto Parts $ 5.85 ea Low Bidder 93 LTD Item Item Unit # Description Vendor Price Comments 192. Wiper Assembly A to Z Auto Parts $ 4.70 ea Low Bidder 92 Taurus 193. Radiator A to Z Auto Parts $ 3.69 gal Low Bidder Collant 194. Oil Pan Plug A to Z Auto Parts $ .75 ea Low Bidder 195. Blue Plus Bennett Auto Parts $ 1.75 ea Low Bidder Silicone 196. Battery L & L Distributors $ 1.50 ea Low Bidder - S & H Cleaner Spray did not bid equal quality product 197. Brake Parts S & H Distributors $ 1.49 ea Low Bidder Cleaner Spray 198. Carburetor A to Z Auto Parts $ 1.25 ea Low Bidder Cleaner Spray 199. Light Bar Lens A to Z Auto Parts $ 5.99 ea Low Bidders - Polish Napa and S & H did not bid equal quality products 200. Disc Brake A to Z Auto Parts $ 2.31 ea Low Bidder Quiet Spray 201. Battery A to Z Auto Parts $ 1.65 ea Low Bidder Protector Spray 202. Transmission A to Z Auto Parts $ .98 ea Low Bidder Fluid 203. Silicone A to Z Auto Parts $ 1.69 ea Low Bidder Sealant Clear 204. Silicone L & L Distributors $ 1.50 ea Low Bidder Sealant Clear Spray 205. Starting Fluid S & H Distributors $ .94 can Low Bidder 206. Weatherstrip Bennett Auto Supply $ 1.99 tube Low Bidder Adhesive 207. Windshield A to Z Auto Parts $ .78 gal Low Bidder Washer Solvent 208. Brake Fluid Bennett Auto Parts $ .89 pint Low Bidder 209. Power Steering S & H Distributors $ .79 ea Low Bidder Fluid Item Item Unit # Description Vendor Price Comments 210. Carburetor Bennett Auto Parts $ 2.02 ea Tie Bid with Tune-Up Part House, Bennett Conditioner local vendor 211. Grease S & H Distributors $ .89 ea Low Bidder Cartridge 212. Grease L & L Distributors $ 1.47 can Low Bidder White Lithium Spray 213. Lubricant L & L Distributors $ 1.30 ea Low Bidder Spray 214. Oil Dry 40 lb. L & L Distributors $ 2.75 bag Low Bidder Bag 215. Cleaner Hand A to Z Auto Parts $ 5.15 can Low Bidder GO-JO 216. Paint Gloss A to Z Auto Parts $ 5.65 can Low Bidder White Rust-Oleum 217. Paint Gloss A to Z Auto Parts $ 5.65 can Low Bidder Black Rust-Oleum 218. Paint Gloss A to Z Auto Parts $ 5.65 can Low Bidder Primer Rust-Oleum 219. Duct Tape A to Z Auto Parts $ 2.99 roll Low Bidder 2 Inch City of Delray Beach Award Totals By Vendor: Vendor: Total Cost: A to Z Auto Parts $16,666 06 NAPA Auto Parts 455 62 Bennett Auto Supply Inc. 748 56 The Parts House Inc. 256 82 L & L Distributors 782 64 Marc Industries 881 52 S & H Distributors 3,055 78 TOTAL COST FOR $22,847 00 CITY OF DELP~AY BEACH · ,~ ~ "" ~ (D · i:" 'i CITY ATTORNEY'S OFFICE FACSIMILE 40%'278-4~55 Wrist's D~t L~: (561) 243-~ p~LR~ ~ ~ TO: - Ci~ Commission 1993 FROM: David N. Tolces, Assis~t Ci~ A~om S~JECT: Nuisance Abatement Board Ordi~ce Attached is the Iatest revised version of the proposed Nuisance Abatement Board ordinance. The following changes were made in response to discussions at the January 7, 1997 regular meeting: 1. Section 135.20(c): The Board members will serve at the pleasure of the City Commission and may be removed with or without cause. 2. Section 135.20(c): Any Board member who misses three consecutive regular meetings shall be considered to have abandoned his/her position, and shall be removed automatically. The Commission shall appoint a new member to complete the remainder of the member's term. 3. Section 135.20(a): All appointments to the Board will require 4 affirmative votes of the City Commission. 4. Section 135.40(c): If the Board desires to close a business or prohibit the continuation of the use of the property as a business or residence, at least 4 Board members must vote to approve the order. 5. Section 135.40(a): The Board has the power to issue subpoenas. These changes will be considered at second reading of the ordinance on January 21, 1997. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager /~/] q" Susan A. Ruby, City Attorney ~ I ] C~'7 Richard Overman, Chief of Police ~/~. Eric D. Hightower, Police Legal Advisor Sharon Morgan, City Clerk's Office ORDINANCE NO. 5 9- 9 6 AN ORDINANCE OF THE CITY COlVLMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW CHAPTER 135, "ABATEMENT OF NUISANCES"; PROVIDING FOR THE ESTABLISHlVlENT OF A NUISANCE ABATEMENT BOARD PURSUANT TO FLORIDA STATUTE SECTION 893.138; PROVIDING FOR NOTICE, HEARING, AND OPERATION 'PROCEDURES; APPOINTMENT AND REMOVAL PROCEDURES FOR BOARD MEMBERS; ENFORCEMENT AUTHORITY; JUDICIAL REVIEW; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted Section 893.138, Fla. Stat. to allow a local government to establish a nuisance abatement board to address the issues of prostitution and the sale of controlled substances on property within the local government's jurisdiction; and WHEREAS, the Delray Beach City Commission recognizes the significant efforts of the citizens of Delray Beach and the Defray Beach Police Department in working together to control prostitution; the sale of controlled substances, and criminal street gang activity; and WHEREAS, despite the efforts, the City of Defray Beach City Commission f'mds that in order to further protect its citizens' health, safety and welfare, the establishment of a nuisance abatement board is necessary to provide additional assistance in the continued efforts to control prostitution, the sale of controlled substances, and criminal street gang activity within the City limits; and YV/-{EREAS, the Delray Beach City Commission finds that the nuisance abatement board process, as authorized by Section 893.138, Fla. Stat. will provide the citizens of Defray Beach an effective method of addressing nuisances within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 13, "General Offenses", of the City of Delray Beach Code of Ordinances is hereby amended by enacting a new Chapter 135, ``Abatement of Nuisances', which reads as follows: Section 135.01 TITLE. This article shall be known as the "City_ of Delrav Beach Nuisance Abatement Section 135.10 DEFINITIONS. (al Public nuisance: Any place or premises within the City. limits of Delray Beach which has been used on more than two (2~ occasions, within a six-month period: As the site of the unlawful sale. delivery_, manufacture or cultivation of any controlled substance: On one (D occasion as the site of the unlawful r~ossession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one (D occasion as the site of tl~e unlawful sale. delivery, manufacture, or cultivation of any controlled substance: (3~ As the site of a violation of Florida Statutes. 8796.07: or Any place or building used by a youth and street gang for the purpose of conducting a pattern of youth and street gang activity, as defined in Florida Statutes. Chapter 874. _(b) Board: The nuisance abatement board of the City_. Clerk: Person appointed by the local governing body of the City. to perform the clerical duties necessary, to carry_ out the activities of the nuisance abatement board. (d) Operator: Tenant. lessee or person having control or possession of the premises. (e) Controlled Substance: Includes any substance sold in lieu of a controlled substance in violation of Florida Statutes. ~ 817.563. or any imitation controlled substance defined in Florida Statutes. ~ 817.564. Section 135.20 NUISANCE ABATEMENT BOARD: ORGANIZATION. (a) There is hereby created and established a nuisanCe abatement board to hear evidence relating to the existence of tmblic nuisances on premises located in the City_. This board shall consist of five (5) regular members and two (2~ alternate members each appointed bv an affirmative vote of at least four (41 members of the City_ Commission for two-year terms, except as set forth herein at subsection Co). Members of the nuisance abatement board shall be persons who reside in the City_. (bi The initial appointments to the nuisance abatement board shall be as follows: 2 ORD. NO. 59-96 (1~ Three (3~ re_eular members appointed for a term of two (2) years: and (2) Two (2~ re_malar members shall be appointed for a term of one (1) year, (3) Two (2~ alternate members shall' be appointed for a term of two (2) years, Upon expiration of initial terms, subsequent appointments for two (2~ years shall be made. Any member who has not completed two (2~ full consecutive terms may be reappointed by the City. Commission. Appointments to fill a vacancy shall be for the remainder of the unexpired term. (c) Board members shall serve at the pleasure of the Ci_ty Commission. Any Board member may be removed from his/her r~osition with or without cause upon approval of a motion by the Ci.ty Commission. Additionally. any member who fails to attend three (3~ consecutive re_eular meetings of the Board shall be considered to have abandoned his/her nosition and the City. Commission shall appoint another individual to fill such vacancy for the remainder of the individual's term. (d~ The presence of three (3~ or more members shall constitUte a quorum. Meml)ers shall serve without compensation. Section 135.30 OPERATING PROCEDURES. (al Any employee, officer or resident of the City may file a complaint with the Police Department regarding the existence of a public nuisance, as defined in Section 135.10(a~. on premises located in the City.. Co) When the Police Department receives a complaint, the Police Legal Advisor sh'all review the complaint to determine if the complaint properly alleges that a t~ublic nuisance, as defined in Section 135.10(a). exists on the r~remises. If the Police Legal Advisor determines that the complaint properly alleges that a public nuisance exists on the premises, the Police Legal Advisor shall promptly request a hearine before the nuisance abatement board. (c) The nuisance abatement board, through its clerk, shall schedule a hearing: and written notice of the hearing shall be sent to the owner and operator(s) of the premises at their last-known addresses at least five (5) days prior to the scheduled hearing. fl) The aforesaid notice of hearing shall include: (1) A statement of the time. place and nature of the hearing. 3 ORD. NO. 59-96 (2~ A statement of the legal authority, and jurisdiction under which the hearin_v (3) A reference to the particular sections of the statutes and ordinance.~ involved. (4) A short and plain statement summarizing the incidents complained of. Section 135.40 CONDUCT OF HEARINGS. (al The chairman of the board may call hearings of the board. Hearings may also 1~ called by written notice signed by at least three (3) members of the board. The board, at a hearing, may set a future hearing date. The board shall attempt to convene no less frequently than once every month but may meet more or less often as the demand necessitates. The board shall adopt rules for the conduct of its hearings. Minutes shall be kept of all hearings, and all hearings shall be open to the public. The Board shall have the power to subpoena owners. witnesses, and evidence to hearings. The City_ shall provide clerical and administrative personnel as may be reasonably required for the proper performance of the board's 'duties. lb) The Police Legal Advisor shall present cases before the board. All parties shall have an opportunity_ to present evidence and ar~ment on all issues involved, to conduct cross- examination, to submit rebuttal evidence, and to be represented by counsel. When appropriate. the general public may be given an opportuni.ty to present oral or written communications. The board may consider any evidence, including evidence of the general reputation of the place or premises. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fUndamental due process shall be observed and shall govern the proceedings. Orders of the board shall be based on competent and substantial evidence, and any finding that a nuisance exists must be based on a "preponderance of the evidence" standard, (¢),, The concurring votes of at least three (3) board members is required in order to approve any board order except that the concurring votes of at least four (4~ Board members is required in order to approve any Board order that involves Board action described in Section 135.40(d)(2) or (d) After considering all evidence, the board may declare the place or premises to be a public nuisance as defined in Section 135.10(a) and may enter an order as follows: (1) Immediately prohibiting the maintaining of the nuisance: (2) Immediately prohibiting the operating or maintaining of the place or premises including the closure of the place or premises or any part thereof: 4 ORD. NO. 59-96 (3) Immediately prohibiting the conduct, operation or maintenance of any business or activity, on the premises which is conducive to such nuisance: or Requiring the owner of such place or premises declared to be .a public nuisance to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance. All orders of the board shall be by motion approved by a majority_ of those members present and voting, except that at least three (3) members of the board must be present in order for the action to be official. (e) An order entered under subsection (d) shall expire after one (D year. or at such earlier time as stated in the order. The board may retain jurisdiction to modify, its orders prior to the expiration of the orders. (fl The City. Police Department shall assist the board in carrying out any legally authorized order rendered pursuant to this article. (g) In the event that orders of the board expire and/or are not ~;omplied with. or are for any reason ineffective, the board may then bring a complaint under Florida Statutes. ~ 60.05. seeking a permanent injunction against any public nuisance described in City_ of Delray ,Beach Code Section 135.10(al. An order entered hereunder may be enforced pursuant to the procedures contained in Florida Statutes. ~_ 120.69. Section 135.50 JUDICIAL REVIEW. Any r~erson, including the City. of Delray Beach. aggrieved by any ruling or order of the nuisance abatement board, may seek review by certiorari in the circuit court. A petition for writ of certiorari shall be filed within thirty_ (30) days of the date of the written order appealed from. Section 135.60 RIG}ITS PRESERVED. This article does not restrict the right of any person to proceed under either Section 60.05 or Section 823.05. Florida Statutes. against any public nuisance. ~ That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 5 ORD. NO. 59-96 ~ That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. ~ That this ordinance shall become effective ten (10) days from its passage on second and final reading. PASSED AND ADOPTED in regular session on second and f'mal reading on this the 21 st day of January ,1~B8.'1997. City Clerk ..... / First Reading December 10, 1996 Second Reading January 7, 1997 (continued as amended and readvertised to January 21, 1997) Passed and adopted January 21, 1997 6 ORD. NO. 59-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~XNAGER~ SUBJECT: AGENDA ITEM # /0~- REGULAR MEETING OF JANUARY 21, 1997 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 3-97 (INGRAHAMAVENUE PARKING LOT) DATE: JANUARY 17, 1997 This is second reading and public hearing for Ordinance No. 3-97 which amends Chapter 71, "Parking Regulations", Section 71.060, "Parking Meter Permits", by removing the resident permit only parking restriction on the Ingraham Avenue parking lot. The interlocal agreement and lease agreement dated July 25, 1995, between the City and the County for the Sandoway House requires that we open this lot to the general public and make it available for use on the same basis as City residents. The proposed amendment removes the "resident permit only" parking restriction and makes the lot available for all permits except as may be otherwise restricted. By separate ordinance (#4-97), we are also recommending that parking meters be installed in this lot. At first reading on January 7, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 3-97 on second and final reading. ref:agmemo8 ONLY PERMIT' PARKING RESTRICTION ~ ~-~v~ P~ING LOT, PROVIDING A GENERAL REPEALER WHEREAS, the Interlocal Agreement and Land Lease Agreement dated July 25, 1995, between the City and Palm Beach County for the Sandoway House requires that the Ingraham Avenue parking lot be open to the general public and made available for use on the same basis as City residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title VII, "Traffic Code", Chapter 71, "Parking Regulations", Subheading "Parking Meters", Section 71.060, "Parking Meter Permits", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read follows: i~ ' (a) A "parking ~%~F~ permit" Fay be purchased fr~ the. City by all persons which shall authorize/the parking of the yehicle for which the permit was acquired in any[parking me~ef space'e~e~ ~ t/h~WF~W~e~l~st~~~ ~ca~e~i~Tin Anchor Park, Sandoway / Park~ ~ the Holiday I~ Inqraham Avenue parking lots./ ~>~withou~~yment .of, money into the space's parkingJ meter ~ ' ~ ~¢y (B) The cost of a parking permit shall be fifty dollars ($50.00) per year, plus applicable taxes. ~Y (C) Each permit shall cover the period from October 1st through September 30th. There shall be no proration of the permit fee. The application procedure and the form of the permit shall be determined by the City administration. It shall be illegal to deface a parking permit or to transfer a parking permit from the vehicle for which it was acquired to any other vehicle. However, if the parking permit sticker and other sufficient proof is submitted to the City, and when approved in advance by the City Manager or his designee, the parking permit sticker may be exchanged for a new sticker and the parking permit transferred to a substitute vehicle acquired by the permit holder subsequent to the issuance of the original parking permit. ~~ That all ordinances or parts of ordinances in con~~~b~, and the same are hereby repealed. Section 3. That should any section or provision of this 9~dinance ~tion thereof, any paragraph, sentence, or word be ~eclared by a court of competent jurisdiction to be invalid, such /decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. · MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 3-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ ~ - REGULAR MEETING OF JANUARY 21, 1997 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 4-97 (PARKING ZONES IN THE DOWNTOWN &ADDING INGRAHAMAVENUE LOT AS A PARKING METER ZONE) DATE: JANUARY 17, 1997 This is second reading and public hearing for Ordinance No. 4-97 which amends Chapter 73, "Parking Schedules", Schedule I, subsection (A) (2) of the City Code by changing parking hours for certain lots in the downtown area from 4-hour limits to 2-hour and 8-hour limits, and to enforce restrictions year round. Schedule II is proposed to be amended by adding the Ingraham Avenue lot as a parking meter zone. The Parking Management Team and the Joint Venture have requested changes to the 4-hour parking restrictions in the downtown area. A summary of the changes is as follows: (1) Lots 8, 24 & 25, Block 92, directly behind Hand's and Elwood's to 2-hour vs. 4-hour (2) Lots 10-16 and Lot 19 - rear area Hand's to 8-hour vs. 4-hour (3) Lots 14-16, Block 101 - Chamber of Commerce lot to 2-hour vs. 4-hour (4) Lots 8 & 16, Block 109 by Ace Hardware to 2-hour vs. 4-hour (5) Lots 6-11, near Vittorio's to 8-hour vs. 4-hour They are also requesting that the parking restrictions apply year round. As the code is now written these restrictions do not apply from June 1st through September 30th of each year. Staff is also recommending that Lots 7 and 13, Block 77 behind Worthing Park be changed to 2-hour limits versus 4-hour. The reason for the changes is to make these lots more accessible to shoppers and encourage employees of downtown businesses to park in the 8-hour lots which are further away from the business area. In addition, staff is recommending a change to Schedule II to allow metered parking in the Ingraham Avenue parking lot. At first reading on January 7, 1997, the Commission passed the ordinance by a vote of 4 to 1 (Mr. Randolph dissenting). Recommend approval of Ordinance No. 4-97 on second and final reading. ref: agmemo9 :~ ~ ~ / ORDINANCE NO 4-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 73, "PARKING SCHEDULES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SCHEDULE I. TO REVISE PARKING HOURS FOR CERTAIN LOTS IN THE DOWNTOWN AREA, AND AMENDING SCHEDULE II., "PARKING METER ZONES", BY ADDING THE INGRAHAM AVENUE PARKING LOT; PROVIDING A GENEP~AL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Parking Management Team and the Joint Venture have requested changes to the parking restrictions in the downtown area; and WHEREAS, the City Commission finds these changes to be in the best interests of the citizens of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title VII, "Traffic Code", Chapter 73, "Parking Schedules", Schedule I., Subsections (A) (2), (B), (C) and (D) of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same are hereby repealed in their entirety and new Subsections (A) (2), (B) and (C) are hereby enacted to read as follows: .(2) The two-hour parkinq restriction shall apply in the following described City-owned parkinq lots: Lot 8 and the south six (6) inches of Lot 9, and Lots 24 and 25, Block 92, Plat of the Town of Delray, Plat Book 1, Paqe 3, accordinq to the Public Records of Palm Beach County, Florida. Lots 14, 15 and 16, Block 101, Plat of the Town of Delray, Plat Book 1, Paqe 3, accordinq to the Public Records of Palm Beach County, Florida. Lot 16 and the north 26.33 feet of Lot 17, and Lots 8 and 9 (less the south 42.5 feet), Block 109, Plat of the Town of Delray, Plat Book 1, Paqe 3, accordinq to the Public Records of Palm Beach County, Florida. Lots 7 and 13, Block 77, Plat of the Town of Delray, Plat Book 1, Paqe 3, accordinq to the Public Records of Palm Beach County, Florida. (3) The eiqht-hour parking restriction shall apply in the following described City-owned parkinq lots: Lots 10-16, inclusive, and Lot 19, Block 92, Plat of the Town of Delray, Plat Book 1, Page 3, according to the Public Records of Palm Beach County, Florida. Lots 7-11, inclusive, Block 117, Plat of the Town of Delray, Plat Book 1, Page 3, according to the Public Records of Palm Beach County, Florida. (B) Time limit. Parking or standing a vehicle in a designated space in the parking areas or zones described in subsections (A) (1) and (2) of this schedule shall be lawful for two hours. Parking or standing a vehicle in desiqnated parking areas or zones described in subsection (A) (3) of this schedule shall be lawful for eight hours. The two-hour or eight-hour parking, whichever is applicable, shall be in effect every, day between the hours of 8:00 a.m. and 6:00 p.m..., except Sundays and holidays; provided, that within the meaning o: this section, the term holiday shall include New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and the days upon which the Delray Affair is held. (C) Violations. It shall be unlawful and a violation of the provisions of this schedule for any person: (!) When signs are erected qivinq notice thereof, to stop, park or stand a vehicle for longer than the time desiqnated by the signs at any time between those hours so stated by the signs on any. day, except Sundays and public holidays, within the City. (2) To cause, allow, permit, or suffer any vehicle registered in the name of that person to be parked across any line or marking of a parking space or in a position that the vehicle shall not be entirely within the space desiqnated by such lines or markings. Section 2. That Title VII, "Traffic Code", Chapter 73, "Parking Schedules", Schedule II, "Parking Meter Zones", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: - 2 - Ord. No. 4-97 SC/4~DULE II. PARKING METER ZONES. The following named and described areas, streets, or portions of streets and any other areas, streets, or portions of streets as may hereafter be included in this section by amendment hereto, lying within the corporate limits of the City, shall constitute a parking meter zone: Description Ord.# Date State Road A-1-A from Casuarina Road to Beach Drive 21-81 4/21/81 The Atlantic Dunes Park parking lot 21-81 4/21/81 The Anchor Park parking lot 21-81 4/21/81 The Sandoway Park parking lot 21-81 4/21/81 The parking lot located between the Andrews Avenue fire station and State Road A-1-A 21-81 4/21/81 Inqraham Avenue parkinq lot Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be' declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on ~ecpnd and final reading on this the 21st day of Januar~ ./., / ,, 1997. ' City ~erk ' First Reading January 7, 1997 Second Reading January 21, 1997 - 3 - Ord. No. 4-97 N.E. 1ST ST. 17 ¢ ~ t, ~m ATLANTIC AVENUE VITTORIO'S Onc < < ACE .~ ,,, nc 9 HARDWARE COMMERCE S.E. 1ST ST. I LEGEND: I N ~ - 2 HOUR P~KINC ~~- CITY OWNED PARKING LOTS CITY OF DELRAY BEACH, FL -- DIGII'AL BASE MAP $)'SI'EM -- MAP REF: LMA27 ~'WI;A~'W PO 3 June 5, 1996 Lt. WIl#am McCollom 300 VVe~./M~ntic Avenue Ch~ray Beach, Fl. 33444 RE: Parking time limits for Mmticip~l Parking Lots Dear LL McCollom: On May 23, lgg6, the Parking Management Team, a bored aonst~ed by the City Commission to rrmke recommena;~ons on paining m~ters In the clawntawn, discussed time limits tot mun~pal parking Iot~. The discussion centered on lhe municipal parking lot behind Huber Drugs, Hand's, and others. The problem oc~mng is mat business o~Tmm and their emplayees me parldng all day in the moist convenient spaces, leaving short-tJm~ i;erkem (customers) with Mss desirable spaces. O~:er ,Settelen has obsewed other merchants in the vicinity. We, therefore, suggest throe actions: 1. Change parking time limits on all the $131a~ between H-ncl's, Huber'a, et al and the Hand's trdrahouse to a two-hour limit. These spaa~s are the first double loaded row of i~r~ing spaces behind Hand's and others. 2. Leave the rerr~ining spaces to eight-hour limits. 3. Enforce all year the two-hour limit. In addition, we recommend th~ ttm municipal lot by the libraq~ be enforced all year for two-hour limits and that the muniapal lot I~/vmorto's restaurant have no Ume limits (x an e4ght-hour limit. Our recon'~mndatJon for the latter tWO IOt~ iS to encourage employees ~nd business owners to utilize Iong-te~m pa~(ng, M~vtng the mom clesirabla parking for consumers. With respect to the municipal io~ adjacent to 110 E-st Atlantic. we recommend that no action be taken, it cun'entJy has a tour-r~ur Ilmtt. This blccl; Js being clevelopec113y l~m CRu~ and the City. Please feel ttree to call Chris 8town at the CRA, 2764~10, or me, 278-8362, to discuss this rrml~er. If you feel rne~tJng Is m or, er, then I suggest we meet with Otfic=r Sail=lan end Chris Brown. Thank you for your cooperation in this matter. Sincerely. Janat Onn~n Chaiq:~'~on, PMT JIOIdp Enclosure minutes of May 23, 1996 PMT meeting cc: David Harden. Ci~ Manager Chris Brown, Executive Director. CRA Olllcer ~hern/~¢ttelen Chairperson Jnnet Onnen Parking Manag~t Tcnm 207 Easl AtlnnUc AW-hue Dear Ms. Onnen: ' The Police Department has considered the request forwarded by the Parking Management Team rc?rdmg time parking in our downtown parking areas, and we certainly support thc r~omm~dation~ made by the Parking Manasement Team. I would point out that thc "down Mdc" to the 'recommendations is that r~ther than standardizing parking limits for the benefit of public awaxcncss, it would seem ~at we are in fact, by virtue of thc various ~mc limitS imposcd, pot~tially creating a situation that will be confus/ng to those 1~ /n our downtown m~'as. I am sure that thc Parking Management Tcam has g~v~n considcrahon to this issue prior to making thc recommendations included in your Icttcr. We do nonetheless support the recommendation of thc Parking Management Team and appreciate the time and effort that Tcnm Mcmt,cr~ spend on considcrin~ these issues in thc interest of all of our citizcns. Sincerely, RICHARD M. LINCOLN, MAJOR Field Operations Bureau RML/ppt cc: City Manager David Harden Chief Richmd Ovcmmn Officer Shcroy Settclcn MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /OD- REGULAR MEETING OF JANUARY 21, 1997 SECOND READING/QUASI-JUDICIAL PUBLIC HEARING FOR ORDINANCE NO. 1-97 (REZONING FOR BORTON VOLKSWAGEN) DATE: JANUARY 17, 1997 This is second reading and a quasi-judicial public hearing for Ordinance No. 1-97 which rezones a parcel of land from GC (General Commercial) District to AC (Automotive Commercial) District. The subject property consists of Lots 39 and 40, Delray Beach Estates, and contains 2.55 acres. It is located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue, immediately north of the Borton Volvo dealership. The rezoning to AC is proposed to accommodate the construction of a new full service automobile dealership for Borton Volkswagen. Please refer to the staff report for further review and analysis. The Planning and Zoning Board considered this matter at a public hearing on December 16, 1996, and voted 6 to 0 to recommend approval based upon positive findings with respect to policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) of the Land Development Regulations. At first reading on January 7, 1997, Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 1-97 on second and final reading. ref:agmemo6 ORDINANCE NO. 1-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY APPROXIMATELY 1,500 FEET NORTH OF ALLEN AVENUE, IMMEDIATELY NORTH OF BORTON VOLVO, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned GC (General Commercial) District; and WHEREAS, at its meeting of December 16, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 6 to 0 to recommend approval of the rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District for the following described property: Lots 39 and 40, DELRAY BEACH ESTATES, according to the Plat thereof, as recorded in Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida. The subject property is located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue, and immediately north of the Borton Volvo dealership; containing 2.55 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ~OPTED in regular session on second and final reading on this the 21st day of January , 1997. ATTEST: First Reading January 7, 1997 Second Reading January 21, 1997 - 2 - Ord. No. 1-97 / I I ) L I I IGULF STREAM// /BOULEVARD L / '/' N ~ -REZONING- ~'LA"N~.C DEP^RT~ENT FROM: GC (GENERAL COMMERCIAL) 10: AC (AUIOMOTIVE COMMERCIAL) OTY OF D£LRAY E~EACH, ~L - - OI~ITAL ~4.,~[' tl,~4p SY'Sf['M - - ~ R£r: LM 12 TO: DAVID T. HARDEN, CITY MANAGER AND ZONING FROM: J/F~r~Y A. COSTELLO ~;ENIOR PLANNER SUBJECT: MEETING OF JANUARY 7, 1997 REZONING FROM GC (GENE~L COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL) FOR PROPER~ LOCATED ON THE EAST SIDE OF NORTH FEDE~L HIGHWAY. APPROXIMATELY 1.500 FEET NORTH OF ALLEN AVENUE. JUST NORTH OF BORTON VOLVO. The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 2.55 acre parcel of land from GC (General Commercial) to AC (Automotive Commercial) for Borton Volkswagen. The subject property is located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue, just north of Borton Volvo. The proposal inc. orporates Lots 39 and 40, Delray Beach Estates, and contains 2.55 acres. The subject property is partially developed with a mixed commercial and residential structure, and billboard on Lot 40 (south half of the property), with Lot 39 currently vacant. Both properties were developed while under Palm Beach County jurisdiction. The rezoning from GC to AC will allow the demolition of the existing structure and construction of a new full service automobile dealership for Borton Volkswagen. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Meeting of January 7, 1997 Rezoning from GC to AC for BoRon Volkswagen Page 2 At its meeting of December 16, 19967 the Planning and Zoning Board held a public hearing in conjunction with review of the rezoning. There was public testimony in support of the request. After reviewing the staff report, the Board voted 6-0 (Carbone absent) to recommend that the rezoning request be approved, based upon positive findings with respect to policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations. By motion, approve on first reading the ordinance for the rezoning from GC (General Commercial) to AC (Automotive Commercial) based upon positive findings with respect to the policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, setting a public hearing date of January 21, 1997. Attachments: P & Z Staff Report and Documentation of December 16, 1996 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 16, 1996 AGENDA ITEM: V.C. ITEM: Rezoning from GC (General Commercial) to AC (Automotive Commercial) for a parcel of land I(~cated on the east side of North Federal Highway, immediately north of the Borton Volvo Dealership. GENERAL DATA: ~ ~.~ ~o~,.~.~o Owner ..................................... Gerald Solomon Applicant ................................. Kjell Bergh & Loren Sheffer Borton Motors, Inc. Location .................................. EaSt side of North Federal Highway, approximately 1,500 ft. north of Allen Avenue, immediately north of the Borton Volvo dealership. Property Size .......................... 2.55 Acres Land Use Map Designation .... General Commercial Existing City Zoning ................ GC (General Commercial) Proposed City Zoning ............. AC (Automotive Commercial) Adjacent Zoning ............ North: GC East: Town of Gulf Stream - RS (Single Family Residential) South: AC West: GC Existing Land Use .................. Primarily vacant land with a mixed eoe~o~ commercial and residential struCture on the south side of the property, and a billboard at the southwest corner of the property. Proposed Land Use ................ Demolition of the existing structure and construction of a new s,,~ showroom and wdte-up area for Borton Volkswagen. Water Service ......................... Available via a service lateral connection to an existing 12" main ~o~o~o ~, along the east side of Federal Highway. ~ Sewer Service ......................... Available via a service lateral connection to an existing 10" main along the east side of Federal Highway. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from GC (General Commercial) to AC (Automotive Commercial) for Borton Volkswagen, pursuant to LDR Section 2.4.5(D). The subject property is located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue, just north of Borton Volvo. ,. ~ `~,~:~.~`~:~``~.~`~::~,~:.,~:~;~:~:~=~,~:~=~:~`~.~ .~....:, .....~ ..~: . .:. ....,. .... .,.~;.~:::..:,~.~ ~. !¢.~ :.:!~.~ ~...,.~ ..:~.~:...~,.~:..,.:,,~:~..,. The proposal incorporates Lots 39 and 40, Delray Beach Estates, and contains 2~55 acres. The subject property is partially developed with a mixed commercial and residential structure, 'and billboard on Lot 40 (south half of the property), with Lot 39 currently vacant. Both properties were developed while under Palm Beach County jurisdiction. in 1981, the owners of Lot 39 entered into a water service agreement with the City, which stated that the owner agreed to voluntarily annex when the property became contiguous to the City. Subsequently, on December 14, '1982, the property was voluntarily annexed into the City with the GC (General Commercial) zoning designation (via Ord. No. 94-82). The property contained a 1,408 sq.ft. commercial building constructed in 1961 which contained 3 businesses: Ceramic Cottage, Lucille's Antiques, and Hildegarde's Consignment. The structure was last occupied in 1988 by a maintenance business, and was demolished in 1990. On March 22, 1994, Lot 40 was annexed into the City pursuant to ELMS III legislation [F.S. 171.046(2)(a)] with the GC zoning designation (via Ord. No. 17- 94), The property contains a 1,016 sq.ft, mixed commercial and residential structure which was constructed in 1961. The commercial aspect was occupied by Frantiques, an antique store, which vacated the structure in 1995. lhe proposal is to change the zoning designation of the property from GC (General Commercial) to AC (Automotive Commercial). lhe property contains a 1.015 sq.ff, mixed commercial and residential structure, lbo rezoning to AC will allow the demolition of the existing structure and construction of a new full service automobile dealership for Borton Volkswagen. P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 2 ::.-'!-~i:~:~.-'~:i :i i~.'.:: i i i i ~ ~:i i i:i ~: ~.:.: .;.-'~ ~ ~i ~ iiiiii~':~!~i :~:.~i i i ~ i i .;!i i i i i;i: :~.:!i i~,;:.::~i ~i-~ :':';':'~:~::-:';'::i-~':?::':.:; ".:.-'i::-:' .-':;'::i:.:::' :' :':: ~: i:.-'~ ~ .:~-.:.-; i ~':-::~-:'i:i:i::-:-i~! i ;'; ~..' ~i.,':-:'~ ~'~ i..?: ';': '; i;. ~':':~':':~':~i~:. ~ >.'~::~i~i.:~: i ~ ~;~'~i i:i-~.~ ~i i~;~.'~ ~.:..'i ij~ ~iiiji REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record.' This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP; The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a General Commercial Future Land Use Map designation and is currently zoned GC (General Commercial). The proposed AC (Automotive Commercial) zoning is consistent with the General Commercial land use designation. Pursuant to the LDR Section 4.4.13(B)(1), within the AC zone district, the proposed full service automobile dealership is allowed as a permitted use. Based upon the above, a pOsitive finding can be made with respect to consistency with the land use map designation. CONCURRENCy; Facilities which are provided by, or through, the City shall be provided to new deVelopment concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water & Sewer; El Water service can be easily accommodated via a service lateral connection to the existing 12" water main along the east side of Federal Highway. Adequate fire suppression is provided via an existing fire hydrant at the southwest corner of the site. Sewer service is available via a service lateral connection to the existing 10" main along the east side of Federal Highway. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 3 Drainage: With a rezoning request drainage plans are not required. The site is primarily vacant with an existing structure on the south side of the property. The rezoning will not negatively impact this existing situation. The proposal involves demolition of the existing structure and construction of a full service automotive dealership. With a site plan submittal, drainage plans will be required. There are no problems anticipated with retaining drainage on site and obtaining a South Flodda Water Management District permit. Traffic: As the intensity of uses within the GC and AC zoning districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan application, a full traffic impact study must be submitted. The traffic study must comply with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting this level of service standard. Parks and Recreation; Park and dedication requirements do not apply to nonresidential uses. Solid Waste: Trash generated each year by the proposed automotive use under the AC zone district will be equal to or less than that generated by the commercial uses allowed under the GC zone district. The development of the property under the AC zone district should not create an adverse pact on this level of service standard. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)($) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adoPted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the objectives and'policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Land Use Element Policy A-2.4 - Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen - Page 4 s~ils the community's future development, the following shall be adhered to: Auto related uses shall not be permitted in the CBD Zone District or Within the geographic area along Federal Highway which extends four blocks north and three blocks south of Atlantic Avenue. Automobile dealerships may locate and/or expand west of Federal Highway, or between the one-way pair system (except as restricted above). Automobile dealerships may locate and/or expand east of Federal Highway, only north of N.E. 6th Street, except within the area lying east of Federal Highway north of N.E. 8th Street, or parcels fronting on N.E. 8th Street, and south of the north border of the Flea Market property. Within such excluded area, automobile dealerships may not locate or expand. New dealerships shall not locate nor shall existing dealerships expand south of N.E. 6th Street provided however, that automobile dealerships south of N.E. 6th Street may expand onto adjacent property which is currently in an auto related use and which is zoned to allow such use. Auto related uses which involve the servicing and repair of vehicles, other than as a part of a full service dealership, shall be directed to industrial/commerce areas. If the rezoning is approved, the subject property will be developed as a full service automobile dealership. The development proposal is consistent with this Policy as the subject property is located east of Federal Highway north of the north boUndary of the Delray Flea Market. Thus, the proposal is not within a restrictive geographical area identified above. Future Land Use Element Policy C-t.6 - (in summary) ...the North Federal Highway Corridor is designated aS a blighted area. This policy calls for the preparation of a corridor improvement program that will, among other objectives, promote the improved appearance of the area, provide for economic stimulation and investment in the area, create jobs, and stabilize and preserve residential neighborhoods through new development, redevelopment and the elimination of blight. The subject property incorporates a portion of the Community Redevelopment Agency's (CRA) sub-area #5, identified in the CRA Plan. Preparation of the corddor plan described in the above policy is nearing completion. This proposal will fulfill all the objectives referenced above. In addition, the draft plan indicates that a new or expanded dealership in this area is appropriate. P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 5 The proposal will provide economic stimulation and investment in the area and result in the redevelopment of a blighted property which has not been well maintained for many years. The proposed development will assist in the stabilization of the existing neighborhood to the south and should be an inducement to redevelopment of the Federal _Highway corridor. Thus, the proposal is consistent with the objectives of the Community Redevelopment Agency's North Federal Highway Improvement Program and was supported by the CRA at its meeting of November 14, 1996. Traffic Element Table T-4 Pursuant to the .County's Thoroughfare Map and Traffic Element Table T-4 of the City's Comprehensive Plan, the ultimate right-of-way width for this section of Federal Highway is 120 feet, and currently only 100' is provided. Thus, with the site plan submittal, a right-of-Way dedication of 10' must be provided from the subject property. Future Land Use Element Ob_iective A-1 - Vacant .property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. The property has been disturbed and is partially developed. The existing structures will be demolished and .a new automobile dealership constructed. The proposal fulfills the needs identified as part of the North Federal Highway improvement Program. The proposed zoning of Automotive Commercial and its potential uses will be complementary to the Surrounding commercial developments and can be developed in a manner that will be compatible with the residences to the east. This policy will be further addressed at the time of site and development plan review. Section 3.3,2 (Standards for Rezonin_a Actions): Standards A and B are not applicable. The applicable performance standards of Section 3.3.2 are as follows: (C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed AC zoning is not considered strip commercial zoning. The site contains 2.55 acres and is to be developed as a full service automobile dealership. P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 6 (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is bordered by the following: to the north and west are zoned GC (General Commercial); to the south is zoned AC (Automotive Commercial); and, to the east is zoned Town of Gulf Stream RS (Residential Single Family). The surrounding land uses are as follows: to the north is retail (The Antique Market Place); south is Borton Volvo, a full service automobile dealership; to the east are two single family homes associated with the Place Au Soleil subdivision in the town of Gulf Stream; and to the west, across Federal Highway, is Top Line Auto Sales and a parking lot associated with' Badcock's Economy Furniture. Compatibility with the adjacent properties is not a concern as the property is bordered on the north, south and east by commercial uses. With regard to the residences to the east, there is an existing 6' high concrete fence along the east side of the property. Further, sufficient regulations currently exist i.e. increased building setbacks and buffering, to mitigate any potential adverse impacts of the commercial uses [ref. LDR Sections 4.6.4(A) and 4.4.10(G)(4)(a)]. These regulations include trees every 25 feet with a continuous hedge or 6' high masonry wall adjacent to the residences. Compatibility will be further addressed at the time of site and development plan review. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisionS' of Section 3.1.t, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappr(~priate; c. That the r. equested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 7 The applicant has submitted a justification statement which states the following: "The reason for which the rezoning is being sought is based upon Item "c': The properly abuts an AC zoned property to the south which contains the Bo/ton Volvo and Volkswagen dealership. The rezoning will allow the relocation of the Volkswagen operation and redevelopment of a property that is currently an eye sore to. the surrounding properties." Comment: The basis for which the rezoning is being sought most closely relates to Item "c". The proposed zoning is similar in intensity as allowed under the General Commercial Future Land USe Map designation. Given the blighted situation as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. Automotive Commercial Development Standards [LDR Section 4.4.'10(F)] Pursuant to LDR Section 4.4.10(F)(2), the sale, lease, or rental of automobiles, boats, recreational vehicles, or trucks, shall be conducted on a lot which has the following minimum dimensions and area: a) Frontage: 125' b) Width: 125' c) Depth: 200' d) Area: 1.5 Acres As the proposal is to establish an auto sales dealership, the above code section is applicable. The property has 200 feet of frontage and width, 555.84 feet of depth (average)~ and 2.55 acres, thus exceeding the minimum site dimensions and area of the AC zone district. In addition to the above, the AC zone district has special requirements regarding outdoor display areas, lighting, use and operating restrictions, bullpen parking areas, and location of service areas as they relate to residential property. Future development of the site must comply with these requirements. Billboard There is an .existing billboard located at the southwest comer of the property. Pursuant to the City's sign regulations (LDR Section 4.6.7), billboards are nonconforming signs and could be 'removed at the City's request. However, pursuant to the Florida State Statutes Section 479.15(2), along federally funded P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 8 interstate and primary highways, removal of nonconforming billboards require the payment of just compensation. As Federal Highway is a federal-aid pdmary highway, the City would have to pay just compensation for the sign located on the subject property. It is anticipated' that with development of the property, the billboard will be removed as it will obstruct the view of displayed vehicles. The billboard compounds the negative visual impacts along North Federal Highway. No information has been provided regarding the legal aspects of the lease. Staff will work with the property owner in order to obtain compliance. Special Landscape Setback Any development of the property will require the installation of a 25' landscape setback along Federal HighWay per LDR Section 4.3.4(H)(6)(b). The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community_ Redevelopment Agency At its meeting of November 14, 1996, the CRA reviewed and recommended approval of the r~zoning request. Adjacent Municipalities Notice of the rezoning has been provided to the City of Boynton Beach and the Town of Gulf Stream. A response has not been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: El La Hacienda Homeowners.Association E! North Federal Highway Task Team El Seacrest Homeowners Association El North Palm Trail Homeowners Association Publi~ Notice; Formal public notice has been provided to property owners within a 500' radius of the subject property. Two letters of support have been submitted and are P & Z Board Staff Report Rezoning from GC to AC for Borton Volkswagen Page 9 attached. Additional letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ':::' . :;;- . '::;....::~' . ":::- . "::: :::: ...<~ :.'::: :.::::::::::. '-'.':: ::: :::::.~::. '."::~: :~:: :-'; -':;:: ::::~::: :: ::: ::'-: ;;.' ¢:. :::~;~>.;>;~§,:: ~:~.~;;:;;:<' :::'>" The rez°ning from GC (General Commercial) to AC (Automotive Commercial) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposal is consistent with the North Federal Highway Improvement Program as it will provide the desired economic stimulation and investment in the area, and result in the redevelopment of a blighted property which has not been well maintained for many years. The proposed rezoning will enable positive findings to be made with LDR Section 2.4.5(D)(5) (Rezoning Findings). Given the blighted situation as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC which will allow the proposed full service automobile dealership as a permitted use under the AC zoning district. ' A. Continue with direction. B. Recommend approval of the rezoning request from GC to AC for Borton Volkswagen, based upon positive findings with respect to Chapter 3 (PerfOrmance Standards) of the Land .Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). C. Recommend denial of the rezoning request from GC to AC for Borton Volkswagen, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. Recommend to the City Commission.approval of the rezoning from GC to AC for Borton Volkswagen, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: I;! Letters of Support Q Location/Zoning Map I~1 Boundary Survey This Staff Report was prepared by: Jeff Costello, Senior Planner Granet, Wachte:l, & Sussman 500 N.E. Kay Terrace Boca Raton, Florida 33432 December 12, 19-96 Attention: Director of Planning and Zoning Diane Dominguez Dear Diane: On behalf of the owners of the property on Lot 36, Delray Beach Estates, located just three lots Nor/h of the property proposed to be rezoned by Borton Motors, Ine.~Borton Volkswagon, I wish to express our support of the rezoning. We believe that it will be a quality development and an asset to the neighborhood. Herbert L. Wach(el IVLD. & Angelo V. Pace M.D. 909 N.E. 9t~ Avenue Delray Beach, Florida 33483 December 12, 1996 Attention: Director of Plannia§ and Zoning Diane Domh~gucz Deer Diane: As tho owners' of a Mexiical Building in tho area ora proposed rezoning for Borton Motors, Inc.-Borton Volkswagon, we wish to express ottr support of the rezoning. We believe ~at the area is in need of more quality development and that this will be an ~sot to the area. Sincerely, Al e o MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM #/~-REGULAR MEETING OF JANUARY 21, 1997 SECOND READING/QUASI-JUDICIAL PUBLIC HEARING FOR ORDINANCE NO. 2-97 (REZONING FOR GOLD COAST MEDICAL CENTER) DATE: JANUARY 17, 1997 This is second reading and a quasi-judicial public hearing for Ordinance No. 2-97 which rezones a 0.60 acre parcel of land from AC (Automotive Commercial) District to GC (General Commercial) District. The subject property is located at the northwest corner of S.E. 5th Avenue (southbound Federal Highway) and S.E. 10th Street. The site has been used for vehicle storage associated with the Wallace car dealerships. The proposed rezoning to GC will accommodate the construction of a 3,000 to 3,500 sq.ft, medical center/family practice building (Gold Coast Medical Center). Please refer to the staff report for further review and analysis. The Planning and Zoning Board considered this matter at a public hearing on December 16, 1996, and voted 6 to 0 to recommend approval based upon positive findings with respect to policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) of the Land Development Regulations. At first reading on January 7, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 2-97 on second and final reading. ref:agmemo7 ORDINANCE NO. 2-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING ~ PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF S.E. 5TH AVENUE AND S.E. 10TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned AC (Automotive Commercial) District; and WHEREAS, at its meeting of December 16, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 6 to 0 to recommend approval of the rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of~ Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for the described following property: Lots 10 through 15, inclusive, Block 8, RIO DEL REY, according to the Plat thereof recorded in Plat Book 12, Page 84, of the Public Records of Palm Beach County, Florida, and together with the right-of-way abandoned by City of Delray Beach Resolution No. 10-86, recorded in Official Record Book 4812, Page 1046 of the Public Records of Palm Beach County, Florida. Less and not including the right-of-way deed to the City of Delray Beach by Right-of-Way Deed recorded in Official Record Book 4812, Page 1050 of the Public Records of Palm Beach County, Florida. The subject property is located at the northwest corner of S.E. 5th Avenue (southbound Federal Highway) and S.E. 10th Street; containing 0.60 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 21st day of January , 1997. JCity -Cl~rk First Reading January 7, 1997 Second Reading January 21f 1997 - 2 - Ord. No. 2-97 BAR TON APT CONDOS CHURCHILL CONDO CURRIE COMMONS ~ SR S.E. 8TH BARNETT - GRILL 9TH ;. E. 10TH DELRA Y PLACE S CONDOS LSONAVE. ~ ~__ -- FLORANDA H CENTRAL AVE. TRAILER I S.E. 12TH RD. HARBOUR ~ SIDE RM M A L L DOMAINE DELRA Y N ~ -REZONINC- PLANN,NC DEI:>AR1MEN'i' FROM: AC (AUTOMOTIVE COMMERCIAL) TO: GC (GENERAL COMMERCIAL) CH¥ 0£ DELR^Y [~£ACH. FL DIGITAL ~S[' ~ _~YE;rEI~ -- MAP R£F: LM$25 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIREC/3'OR DEPARTMENT QF PLANNING AND ZONING FROM: ~~ SUBJECT: MEETING OF JANUARY 7, 1997 REZONING FROM AC (AUTOMOTIVE COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF S.E. STH AVENUE (SOUTHBOUND FEDERAL HIGHWAY) AND S.E. 10TH STREET. The action requested of the City Commission is that of a.D.oroval on first reading of an ordinance rezoning a 0.60 acre parcel of land from AC (Automotive Commercial) to GC (General Commercial) for Gold Coast Medical Center. The subject property is located at the northwest corner of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 10th Street. The proposal inc. orporates Lots 10-15, Block 8, Rio Del Rey, and contains 0.60 areas. The property contains an existing parking lot with a chain link fence at the perimeter of the property. The rezoning from AC to GC will allow the development of the property with a medical office building (family practice) with a total square footage between 3,000 and 3,500 sq.ff. The proposal consists of a walk-in medical center comprising of a full scope of family practice services including pediatrics, adult medicine, geriatrics, gynecology, X-Rays, etc. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Meeting of January 7, 1997 Rezoning from AC to GC for Gold Coast Medical Center Page 2 At its meeting of December 16, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the rezoning. There was public testimony in support of the request. After reviewing the staff report, the Board voted 6-0 (Carbone absent) to recommend that the rezoning request be approved, based upon positive findings with respect to policies of the Comprehensive Plan, and, Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations. li.',.i?!.......ii.!i.... .. i! ................................................... i ................ ~-~~i~ ! ~~i;i;i~i'~i~!i~iiiii~iiii?, ~i~?,:', ?,i',i',i[iii~i',i~i~i~?,i~i~i~ii:ii~iii i i~i',i~i~ ',?,i',~i~i~i~i~i~i~i~!i?~i', ?~?~i~ i~!~!~ i iii~ i iii~ !i! By motion, approve on first reading the ordinance for the rezoning from AC (Automotive Commercial) to GC (General Commercial) based upon positive findings with respect to the policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, setting a public hearing date of January 21, 1997. Attachments: P & Z Staff Report and Documentation of December 16, 1996 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 16, 1996 AGENDA ITEM: V.B. ITEM: Rezoning from AC (Automotive Commercial) to GC (General Commercial) for a parcel of land located at the northwest comer of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 10th Street. GENERAL DATA: , · BAR TON APT Owner .................. ...~ .............. Bill Wallace Nissan,'lnc. CHURCHILL Applicant ................................. Dr. Munira Kiota & Mr. Ascar cONoo Chinikamwala Location .............. : ................... Northwest corner of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 10th Street Property Size .......................... 0.60 Acre Land Use Map Designation .... General Commercial Existing Zoning ....................... AC (Automotive Commercial) Proposed Zoning .................... GC (General Commercial) Adjacent Zoning ............ North: GC East: GC South: RT (Resort/Tourism) --- West: R-1-A (Single Family Residential) Existing Land Use .................. Existing parking lot with a chain link fence around the perimeter of the property. Proposed Land Use ................ Construction of a 3,000 to 3,500 sq. ft. Medical CenteffFamily Practice building. ,., Water Service ......................... Available via a service lateral connection to an existing 6" main along the north side of S.E -- Sewer Service ......................... Available via a service lateral to an existing 8" main with the north/south alley. DOMAINE O£LRA Y HARBOUR$ EDGE BANYAN TREE VILLAGE V.B. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from AC (Automotive Commercial) to GC (General Commercial) for Gold Coast Medical Center, pursuant to LDR Section 2.4.5(D). The subject property is located at the northwest corner of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 10th Street. The proposal incorporates Lots 10-15, Block 8, Ri° Del Rey, and contains 0.60 areas. The property contains an existing parking lot with a chain link fence at the perimeter of the property. The site's development history dates back to 1948 at which time a duplex was constructed on Lot 10. Subsequently, a garage was constructed on Lot 10 in 1950 and the balance of the property remained vacant. In 1985, the duplex and garage were demolished, and a parking lot was Constructed which was associated with the Wallace Nissan Dealership, across from the property on the east side of S.E. 5th Avenue (Southbound Federal Highway). The Wallace Nissan dealership vacated the site in November 1988, however, the property has been utilized for vehicle storage associated with the Wallace Dealerships at Germantown Road and Wallace Drive. in November, 1992, a site plan application to establish a vehicle repair facility on the property was rejected as the proposal did not comply with the location restrictions of the AC (Automotive Commercial) zone district, which prohibit vehicle repair facilities within 100 feet of residentially zoned property, and orientation of the overhead doors from facing residential properties and adjacent rights-of-way. The proposal is to change the zoning designation of the property from AC (Automotive Commercial) to GC (General Commercial). The rezoning to GC will allow the development of the property with a medical office building (family practice) with a total square_footage between 3,000 and 3,500 sq.ft. The proposal consists of a walk-in medical center comprising of a full scope of family practice services including pediatrics, adult medicine, geriatrics, gynecology, X- Rays, etc. P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 2 REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.~ (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the .body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a General Commercial Future Land Use Map designation and is currently zoned AC (Automotive Commercial). The proposed GC (General Commercial) zoning is consistent with the General Commercial land use designation· Pursuant to the LDR Section 4.4.9(B)(2), within the GC zone district, the proposed medical office is allowed as a permitted use. Based upon the above, a positive finding can be made with respect to consistency with the land use map designation· CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water & Sewer: Water service is available via a service lateral connection to an existing 6" water main along the north side of S.E. 10th Street. Adequate fire suppression is provided via an existing fire hydrant at the southwest corner of the site. [3 Sewer se.rvice is available via a service lateral connection to an existing 8" main within the north/south alley to the west. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. No upgrades to the adjacent water or sewer mains P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 3 is required of this development. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: With a rezoning request drainage plans are not required. The site contains an existing parking lot, with minimal pervious area. The rezoning will not negatively impact this existing situation. The proposal involves construction of a new medical office building with associated parking and landscape areas. With a site plan submittal, .drainage plans will be submitted. There are no problems anticipated retaining, drainage on site and obtaining a South Florida Water Management District permit. Traffic: As the intensity of uses within the AC and GC zoning districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan application, a full traffic impact study must be submitted. The traffic study must comply with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting this level of service standard. Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Solid Waste: Trash generated each year by the commercial uses under the GC zone district will be similar or greater than that generated by the auto related commercial uses allowed under the AC zone district. The proposed 3,500 sq.ft, medical office building is anticipated to generate 8 tons of trash per year. The development of the property under the GC zone district should not create an adverse impact on this level of service standard. CONSISTENCY; Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 4 I COMPREHENSIVE PLAN POLICIES; A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objeCtives and policies are noted. Future Land Use Element Ob_iective A-t - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. The property has been disturbed and is developed 'as a parking lot with a chain link fence around the perimeter. The existing parking lot will be removed and replaced with a new medical office building. The proposed zoning of General Commercial and its potential uses will be complementary to the surrounding commercial developments and can be developed in a manner that will be compatible with the residences to the west. The proposal complies with Future Land Use Element GOal Area "C' of the City's Comprehensive Plan, which states that blighted areas of the City shall be redeveloped and renewed, and shall be the major contributing areas to the renaissance of Delray Beach. Thus, the proposal fulfills a need to eliminate blighted properties. This policy will be further addressed at the time of site and development plan review. .Section 3.3.2 (Standards for Rezoning Actions): Standards A and B are not applicable. The applicable performance standards of Section 3.3.2 are as follows: (C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. While the GC zoning district sometimes results in strip commercial development, it is typical of the zoning along the Federal Highway pairs (NE/SE 5th & 6th Avenues). This particular property is bordered on the west by an alley which separates it from the residential neighborhood to the west, therefore, the property's depth cannot be increased. The property contains less than the 1.5 acres required for vehicle sales, per the AC zone district regulations. The 0.60 acre parcel is of sufficient size and length to support a well-planned development that could support GC type uses. P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 5 (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjaCent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is bordered by the following: to the north and east, across S.E. 5th Avenue, are zoned GC (General Commercial); to the south, across S.W. 10th Street is zoned RT (Resort/Tourism); and, to the west, across the alley, is zoned R-1-A (Single Family Residential). The surrounding land uses are as follows: to the north is a commercial structure, .Design-a-Shade mail order business; south is vacant land; to the east is Shell's restaurant; and, to the west, is a single family subdivision (Osceola Park). Compatibility with the adjacent residential properties is not a major concern. There are sufficient regulations i.e. increased building setbacks and buffering, to mitigate any potential adverse impacts of the commercial uses [ref. LDR Sections 4.6.4(A)]. These regulations include trees every 25 feet with a continuous hedge or 6' high masonry wall adjacent to the residences. Compatibility will be further addressed at the time of site and development plan review. Section 2.4.5(D)(5) (Rezonirig Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the.zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "Rezoning is requested from' AC to GC for the purpose of a walk-in medical center comprising of a full scope of family practice services P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 6 including pediatrics, adult medicine, geriatrics, gynecology, X-Rays, etc. This will benefit the neighborhood communities as it is conveniently located on Federal Highway and offers easy accessibility from 1-95 and A- 1-A via Linton Boulevard. GC zoning would also allow for business and professional uses e.g. medical and dental clinics, professional offices, etc. which are more compatible for benefiting and serving the residential community as compared to AC uses which are restricted only to automotive and related businesses. In view of the ongoing expansion of the City, GC uses would enhance the growth and development of the community. Further, the Wallace Nissan storage lot comprises of only 0.60 acres which is inadequate size for AC uses as generally required for AC uses is 1 to 1.5 acres.'. Comment: The basis for which the ~ezoning is being sought relates to Item "c". The proposed zoning is similar in intensity as allowed under the General Commercial Future Land Use Map designation. As the property only contains 0.60 acres, the property does not meet the 1.5 acre minimum lot size requirement of the AC zoning district for the sale, lease or rental of automobiles, trucks, boats and recreation vehicles. Further, the AC zone district prohibits the location of spec!alty service shops i.e. mufflers, tires, etc., and repair facilities within 100 feet of residentially zoned property, and restricts the orientation of overhead doors towards residentially zoned property and adjacent public rights- of-way. Given the above, it is unlikely that the property can be properly developed under the AC zone district, therefore, the GC zoning district is more appropriate. .COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS; Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. Any future development will be required to comply with all Land Development Regulations, Special Landscape Setback Pursuant to LDR Section 4.3.4(H)(6)(b), along Federal Highway, single frontage lots with a depth up to 200', _must provide a 10' landscape setback. As the property is 128.50' feet in depth, any development of the property will require the installation of a 10' landscape setback along S.E. 5th Avenue (Southbound Federal Highway;). P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 7 The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community_ Redevelo_Dment Agency At its meeting of November 14, 1996, the CRA reviewed and recommended approval of the rezoning request. Courtesy Notices; Special courtesy notices were provided to the following homeowners and civic associations: 1:3 Delray Property Owners El Silver Terrace El Osceola Park El Harbourside El Delray Harbour Club E! PROD (Progressive Residents Of Delray) Public Notice: Formal public notice has been provided to-property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. :<<?~. ............ < .......................................................................... ~ ........................ ~: ..... ~ ...... o ............. ~{.........< .................. . .................................................. o ........ ............ ..................... The rezoning from AC (Automotive Commercial) to GC (General Commercial) to is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Developm.ent Regulations. The proposed rezoning will enable positive findings to be made with LDR Section 2.4.5(D)(5) (Rezoning Findings), as the GC zoning is more appropriate given the size of the property and its location adjacent to the residential neighborhood to the west. There are no problems anticipated with future development complying with the Land Development Regulations. ~?:.'.~:"~;':'::t:.';::::':~;:~.:'~'.::~¢.:~::':':':';'>:''-'''~ ........................ 8. ........................................... z: ....... ~:' ~ .`>~:.~...~..~.~.~.>~.~!~..~!~:?.:~.~i~:i.!.!~i8i~.:~.~:~!:~:~:`~ ,:>.....-~.,..:..~:.-....-~.:.::~,.~..: ^. Continue with direction. P & Z Board Staff Report Rezoning from AC to GC for Gold Coast-Medical Office Page 8 B. Recommend approval of the rezoning request from AC to GC for Gold Coast Medical Center, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5.). C. Recommend denial of the rezoning request from AC to. GC for Gold Coast Medical Center, baSed upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. Recommend to the City Commission approval of the rezoning from AC to GC for Gold Coast Medical Center, based upon positive findings with respect to ChaPter 3 (PerfOrmance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachment: Location/Zoning Map Survey This Staff Report.. was prepared by: Jeff Costello. Senior Planner POST OFFICE BOX 1301 I 7 DELRAY BEACH, FL. 33447 ........ HOT LINE 561-266-9400 CITYCOMMISSION, FAX: 561-498-8909 ' $1D ALPKP.5'r~w 51IIRI~F OI VARE~TA ~ MA $/.,OW January 15, 1997 Mayor Jay Alperin, City Hall 100 N.W. 1st Ave. Delray Beach, Fi. 33445 Dear Mayor Alperin, On behalf of PROD and all the other residents of the city who opposed the Solid Waste recycling plant in Delray, we wish to thank you and the other commissioners as well as the staff for the wonderful job that was done to defeat the location of this plant in Delray. We understand that this was a difficult decision for you to make and we especially appreciate the skill of Susan Ruby before the court. We are extremely grateful that the decision came down in such a way that it leaves no room for appeal. If nothing else, it proves that a conditional use can be turned down and that compatibility is a stronger argument than many of us realized. Fortunately for the city we will now be able to retain this property on the tax rolls. Considering the fact that we have had such strong opposition, not only to this but to the previous proposal of the same kind, don't you think that now is the time to remove this use from our code? Again our heartfelt thanks! Sincerely, ~_~ .... Jean Beer, Pres. c/c Commissioners Randolph, Kislewski, Egan, Ellingsworth, Mr. Harden, Mss. Ruby and Dominguez DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES JAMES F. MURLEY Governor Secretary January 10, 1997 Mr. John Walker City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444-2698 RE: Workshop on Evaluation and Appraisal Report Process Dear Mr. Walker: This is to express appreciation for the discussion paper you prepared for the Evaluation and Appraisal Report (EAR) workshop held in Orlando in September. Approximately 75 planning officials from the east central Florida region attended and your paper regarding the EAR process in Delray Beach was very well received. Secretary Mufley specifically praised the discussion paper and asked that we retain it for future reference. Experience is hard earned; the practical advice you provided will help improve the planning process in east central Florida. Once again, thank you for your assistance. Sincerely, Charles Gauthier, AICP Growth Management Administrator CG/vj cc: The Honorable Jay Alperin, Mayor Diane Dominguez, Planning & Zoning Director 2555 SH UMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWAMP AREA OF CRITICAL STATE CONCERN FIELD OFFICE P,O. Box 4022 FIELD OFFICE 2796 Overseas Highway, Suite 212 8600 N.W. 36th Street 1S5 East Summerlin Marathon, Florida 33050-2227 Miami, Florida 33159-4022 Barrow, Florida 33830-4641 H. SURFACE TRANSPORTATION {Palm Tran) 1. Staff recommends motion to authorize: CITY COMMISSION A) Staff to negotiate with the City of Delray Beach to provide public transportation services; and B} the acquisition of one (1) 16~passenger lift equipped minibus at a cost not to exceed $52,000. SUMMARY: To create access for employment from economically disadvantaged urban centers, the City of Delray Beach is desirous of being able to accommodate job access from several of its economically disadvantaged areas. Palm Tan has had similar contracts with both the City of Lake Worth and Boynton Beach where additional transit services are provided. Broward County has a similar program : with various cities where service is tailored to the specific need of the city. The : City of Delray Beach will contract service out. Utilizing gas tax funds to acquire the vehicle eliminates many Federal requirements which are placed upon public transit services. The cost of the operation of the service would become the responsibility of the City of Delray Beach. Countywide / 15'- '? - 24 CODE ENFORCEMENT BOARD AGENDA ....... . .... JANUARY 14, 1997 1:30 P.M. CITYCOMMISSION CITY HALL COUNCIL CHAMBERS ' ~ ' ' " APPELLATE PROCEDURES Please be advised that if a person(s) decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting or hearing, such person(s) will need a record of these proceedings, and for this purpose such person(s) may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. A. ELECTION OF OFFICERS ~ B. ROLL CALL C. DISMISSAL OF CASES D. SWEARING IN WITNESSES E. POSTPONEMENTS: 1. 93-11625 Landex Hotel Corp. Harry C. Powell, Jr. R/A 110 S. Ocean Blvd. Bldg. 4 landscape code F. OLD BUSINESS: 2. 90-6116 Rubin & Francine Clinton 125-135 SW 14th Avenue discussion of lien 3. 93-11248 D.C. & Felice P. Ledbetter 2503 Oceanview Avenue, Cottage #A discussion of fine 4. 93-11400 R.E. & Theresa M. George 214 NE 11th Street extension of board order 5. 93-11499 Ralph & Marie Trizano 95-27500 132 & 134 Venetian Drive discussion of fine 6. 95-23089 Gary J. Clarke Julia Valentin 231 SE 3rd Avenue discussion of fine 7. 95-24650 Steven H. & Marie Gargonnu 705 SE 2nd Avenue extension of board order 8. 96-30154 Domonic landimarino, Tr 3110 S. Federal Hwy. discussion of board order ; 9. 96-28989 Michael & Rada Strauss 96-29003 c/o Randall Stofft Architects 30 SE 1st Avenue extension of board order G. NONCOMPLIANCE OF BOARD ORDER AND ASSESSMENT OF FINE: 10. 93-10359 James L. Maas 338 SE 1st Avenue board order dated 10-31-95 11. 93-10650 Atlantic Center c/o Paul Ferber, R/A 1030 & More E. Atlantic Avenue board order date 2-2-96 12. 95-24194 Atlantic Center c/o Paul Ferber, R/A 1030 & More E. Atlantic Avenue board order date 9-3-96 13. 95-27743 Nancy 3. & Robin S. Riley 235 SW 27th Terrace board order date 7-16-96 (2) H. FORMAL HEARING: 14. 92-7383 Frank A. Guadagninio 394-398 SE 5th Avenue landscape code 15. 93-10515 Clifford Clements 1003 NE 9th Avenue landscape code 16. 93-11474 R.L. & Bertha Richwagen 230 & 232 NE 13th Street landscape & public nuisance codes 17. 93-11507 Cove Apts Condo Assoc., Inc. Pierre Morrisetti, R/A ~ 344 Venetian Drive __ _ landscape code 18. 93-11558 Frances Brewster, Inc. William G. Brewster, R/A 1100 E. Atlantic Avenue landscape code 19. 93-11561 George R. & Ellen Abell 45 Gleason Street landscape code 20. 93-11564 Joseph P. & Matija Bilic 1030 Bay Street landscape code 21. 93-11572 Alice Gutenkunst 1009 Casuarina Road landscape code 22. 93-11955 Tim & Rosalie Ivy 707 SW 9th Court landscape code 23. 93-11998 Lovely K. Rolle 47 SW 11th Avenue landscape & public nuisance codes (3) 24. 95-26717 William N. Litersky 904 SE 3rd Avenue landscape & public nuisance codes 25. 96-30231 William A. &Ana B. Straub 3100 Jasmine Drive docks, dolphins, finger piers & boat lift codes 26. 96-30250 Marion Young Estate 23 SW 14th Avenue zoning code 27. 96-31438 Bertram & Marceline Wasserman 234 NE 1st Avenue housing code 28. 96-31486 Roy & Geraldine Farland __ _ 909 SW 10th Avenue landlord code 29. 96-31488 Roy & Geraldine Farland 400 NW 8th Avenue landlord code 30. 96-31489 Roy & Geraldine Farland 2098 Dorson Way landlord code 31. 96-31910 Jean A. & Marlene C. Dorilas 924 SE 3rd Avenue housing code 32. 96-32015 Celecon & Gertha Charles 261 NE 13th Street zoning code I. STIPULATION AGREEMENT: 33. 93-11922 Eddie, Jr. & Yvonne L. Odom 11 SW6th Avenue landscape code 34. 93-11923 Eddie, Jr. & Yvonne Odom 21 SW 6th Avenue landscape code (4) J. APPROVAL OF MINUTES: K. CASES TO BE DISMISSED AT THE MEETING: 92-7225 Mary L. Nelson 219 NW 10th Avenue satisfaction of lien 93-10504 FMRS Associates, Ltd. 1021 NE 8th Avenue compliance to board order 93-10016 J. & Francine Clinton 624 SW 4th Street satisfaction of lien 93-11503 Irene Internoseia -_ - 208 & 210 Venetian Ddve landscape code 93-11576 Leland A. Wildes, III 1025 Casuarina Rd. landscape code 95-23444 James E. Clinton 821 SW 10th Avenue compliance to board order 95-26716 Edward J. & Alice A. King 1520 NW 18th Avenue #101 compliance to board order 96-32857 Gladys M. Keenan 501 NE 7th Avenue landlord code 95-23760 Beatrice L. Bafumo 596 Angler Drive public nuisance code 95-24471 J.G. O'Neill, Inc. James G. O'Neill, Jr. R/A 655 NE 6th Avenue compliance of board order (5)