02-20-96 Regular OELRAY BE~CH
CITY OF DELRAY BEACH, FLORZDA - CITY COMMISSION REGULAR MEETING ~
COMMISSION CHAMBERS
The City will furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program or activi-
ty conducted by the City. Please contact Doug Randolph at 243-7127
(voice) or 243-7199 (TDD), 24 hours prior to the program or activity in
order for the City to reasonably 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 to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
Regular Commission Meeting
February 20, 1996
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 February 6, 1996
Special Meeting of February 13, 1996
6. Proclamations:
A. "1995 Beach Patrol of the Year" award given by the
Florida Beach Patrol Chiefs Association.
7. Presentations:
A. Resolution No. 15-96 recognizing and commending Arthur Garland
for 40 years of service to the City of Delray Beach
B. Presentation of plaque in recognition of City employees with 25
or more years of service.
C. Presentation by the following companies concerning the High
Speed Rail (HSR) Transportation System:
Rail Florida
Florida Maglev Consortium
Florida Overland Express
8. Consent Agenda: City Manager recommends approval.
A. DONATION AGREEMENT/IBM TECHNICAL GIFTS PROGRAM: Approve
agreement and formally accept IBM's donation of twelve (12)
personal computers for the City's After School Program.
B. UNDERGROUND CONDUIT INSTALLATION AGREEMENT WITH FLORIDA POWER &
LIGHT/MORIKAMI WELLFIELD PROJECT: Approve an Underground
Conduit Installation Agreement with Florida Power & Light for
2
Regular Commission Meeting
February 20, 1996
the Morikami Park Wellfield project, and authorize payment in
the amount of $9,088 to FP&L for underground conduits and
service.
C. AGREEMENT TO AMEND BYLAWS OF BLOCK 60 PARKING CONDOMINIUM
ASSOCIATION: Approve an agreement to amend the Block 60
Parking Condominium Association bylaws to change from a
calendar year to a fiscal year commencing October 1st and
ending September 30th, and providing for an annual review of
accounts as opposed to an audit.
D. RESOLUTION NO. 16-96: Adopt a resolution supporting the
application for and institution of an International Baccalau-
reate Middle School Years Program at Carver Middle School, and
requesting the School Board of Palm Beach County to approve the
program for fiscal year 1997.
E. RESOLUTION NO. 17-96: Adopt a resolution requesting the 1996
Florida Legislature to provide adequate funding for the
preservation and repair of the State's beaches, to recognize
the need for funding non-federal projects, and to identify a
long-term dedicated funding source.
F. RESOLUTION NO. 18-96: Adopt a resolution assessing costs for
abatement action required to remove nuisances on 28 properties
throughout the City.
G. CONTRACT AMENDMENT #i/FLORIDA ENERGY EFFICIENT WATER PROJECT:
Approve Amendment ~1 to the contract with Tri-County Community
Council, Inc. in conjunction with the Florida Energy Efficient
Water Project (FEEWP) for cleaning of sewer transmission mains.
Total amount of the contract amendment is $166,510 (City's 50%
share $83,255), plus $16,257 unqualified cost via State
contract for Professional Piping Services, Inc. to perform the
work. Total City cost $99,512 which is available from #442-
5178-536-34.90 (energy savings calculated at $19,500 annually
for payback within ten year program period).
H. AMENDMENT TO TED CENTER'S CDBG FUNDING AGREEMENT: Approve an
amendment to the funding agreement with The Center for
Technology, Enterprise and Development, Inc. (TED Center) to
change the address from 132 West Atlantic Avenue to 22 S.E. 1st
Avenue.
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 February 5 through February 16, 1996.
J. SALARY ADJUSTMENT FOR ASSISTANT CITY ATTORNEY: Approve a
mid-year salary adjustment for an Assistant City Attorney as
recommended by the City Attorney.
Regular Commission Meeting
February 20, 1996
K. AWARD OF BIDS AND CONTRACTS:
1. Bid award via Palm Beach County School Board Contract to
Corporate Express for office supplies, at an estimated
annual cost of $35,000 from various departments' operating
expense accounts.
2. Bid award to Gateway 2000 for the purchase of six P5-100
Mhz Pentium Processor Computers, replacements for the
Police Department Support Division, via GSA Contract at a
total cost of $13,242 from 334-6112-519-64.11.
3. Purchase award to Van Hooser Associates, Inc. for leader-
ship training classes for Police Department personnel, in
the amount of $12,500 from the Federal Forfeiture Fund
115-2112-521-49.90.
4. Bid award to Maroone Chevrolet, Ed Morse Chevrolet,
Regency Dodge, John Deere Company, and Boca Honda, for
replacement vehicles, in the total amount of $115,675 from
various department line items.
9. Regular Agenda:
A. FRIENDS OF SANDOWAY HOUSE/SUBLEASE AGREEMENT AND OPERATING
SUPPORT REQUESTS: Consider a request from The Friends of
Sandoway House Nature Center, Inc. for City support concerning
operating costs, together with the proposed sublease agreement.
B. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Consider a
request to close Atlantic Avenue from Swinton Avenue to N.Eo
6th Avenue and grant a temporary use permit for Art and Jazz on
the Avenue on March 7, 1996. Also consider the necessary staff
support as well as incurring the extra costs for overtime and
barricade rental.
C. RESOLUTION NO. 13-96/CONTRACT FOR SALE AND PURCHASE OF PATEL
PROPERTY: Consider a resolution authorizing the City to
purchase certain property located at 2228 Seacrest Boulevard,
and accepting the Agreement for Purchase and Sale of same.
D. PINEAPPLE GROVE MAINSTREET AGREEMENT (INTERLOCAL AGREEMENT WITH
THE COMMUNITY REDEVELOPMENT AGENCY): Consider an interlocal
agreement between the City and the Community Redevelopment
Agency setting forth the repayment obligations of the CRA with
respect to the Pineapple Grove Mainstreet Program loan.
E. OFF-DUTY DETAIL RATE OF PAY INCREASE: Consider a request to
increase the off-duty rate of pay for Delray Beach Police
officers.
F. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate
member to the Board of Adjustment to fill an unexpired term
ending August 31, 1997. Commissioner Randolph's appointment.
-4-
Regular Commission Meeting
February 20, 1996
G. APPOINTMENTS TO THE EDUCATION .,BOARD: Appoint two members to
the Education Board to fill an unexpired term ending July 31,
1996, and an unexpired term ending July 31, 1997. The
appointments will be made by Commissioner Smith and
Commissioner Alperin.
10. Public Hearings:
A. ORDINANCE NO. 9-96: An ordinance rezoning a 0.91 acre parcel
of land from RM (Medium Density Residential) to CBD-RC (Central
Business District-Railroad Corridor). The subject property is
located at the southeast corner of S.E. 1st Avenue and
unimproved S.E. 6th Street, west of the F.E.C. Railway.
QUASI-JUDICIAL HEARING
B. ORDINANCE NO. 12-96: An ordinance amending Chapter 35,
"Employee Policies and Benefits", "Retirement Plan", of the
City Code by amending subsection {D), "Employee", of Section
35.089, "Definitions"
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 8-96: An ordinance modifying the Community
Redevelopment Plan to accommodate changes to Project #2.4,
"Downtown Mixed Use Redevelopment Project", and to establish
the "Grant Administration Program". If passed, public hearing
on March 5, 1996.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
WHEREAS, the City of Delray Beach is located in the
southeast portion of the State of Florida and has a mile and
one-half of public beach which was recognized in the Travel
Holiday magazine as being one of the 36 best beaches in the
United States and the best beach for swimming in the Southeast;
and
WHEREAS, Delray Beach has an Ocean Rescue Patrol
consisting of 14 full-time and 15 part-time Lifeguards who are
trained according to the United States Lifeguard Association
(USLA) guidelines and Manual of Open Water Lifesaving; and
WHEREAS, all Delray Beach lifeguards are required
to be tested each year to qualify, including Emergency Medical
Technician {EMT) certifications and Cardiopulmonary
Resuscitation (CPR) certifications; and
WHEREAS, at the Florida Beach Patrol Chiefs
Association's annual banquet, held recently at the Highland
Beach Holiday Inn, the City of Delray Beach was the recipient
of the
"1995 BEACH PATROL OF THE YEAR AWARD"
which is based upon training; education; certification; skills
and physical performance; public safety education;
participation in special events and overall beach operations.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby commend the Ocean Rescue Patrol for their
dedicated and outstanding service to over 919,600 citizens and
tourists who were in attendance at our public beach during
1995.
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 20th day of February, 1996.
MAYOR
~O~ E. LYNCH
SEAL
RECh_IVE. D
F£§ 16 F)96
CITY ML~* .......
Delta Beach Ocean Rescue
2 South Ocean Blvd. · Delray Beach, Flodda 33444 . (407)243-7352 . FAX(407)243-7270
To: City Manager - David Harden
Thru: Parks and Recreation Directo,,I e Weldon
_1
From: Beach Supervisor- Richard Connell
Subject: 1995 Beach Patrol of the Year
Date: February 8, 1996
I am pleased to inform you that on the evening of February 3rd, 1996 at the Flodda Beach
Patrol Chiefs Association Award Dinner, the Delray Beach Ocean Rescue Division received
the "1995 Beach Patrol of the Year Award'. The purpose of this award is to acknowledge the
leading Ocean Lifesaving Agency in the state of Florida. My staff and I have worked hard the
past few years in improving our training and certification standards. Additionally, the
acquisition of the Automatic External Defibrillator Units for Cardiac Emergencies and the
Advanced Open Water Lifesaving Agency Certification from the United States Lifesaving
Association were important factors in receiving this award.
Parks and Recreation Director Joe Weldon challenged me with to give him the "best beach
patrol in the state" upon my promotion to the position of Beach Supervisor in 1987. We started
from the ground up and have created a ocean lifesaving operation deserving of this award. I
am proud of my staff and happy to have achieved the goal set for us by Mr. Weldon. Please
note the attached criteria for this award for your review.
I hope that in the near future the city will be able to compensate the Ocean Rescue staff more
appropriately for the work they are performing in setting the standards for Ocean Lifeguards in
this state. In conclusion, thank you for your support of and contribution to our
accomplishments.
Richard Connell
Beach Supervisor
cc: Assistant Director of Parks and Recreation - Joe Dragon
I g95 Be oh Patrol of the Year Applioation
Delray Beach Ocean Rescue Division is a division of the City of Delray Beach Parks and
Recreation Department. There are 14 full time and 16 part time employees:
Title Position(s) Requirements
Beach Supervisor t College Degree, EMT 1, American Red
Cross; Lifeguard Training Instructor, CPR
Professional Rescuer, Emergency
Response Instructor, Rescue Boat
Operator or SCUBA Training
Lieutenants 4 EMT 1, American Red Cross; Lifeguard
Training Instructor, CPR Professional
Rescuer, Emergency Response Instructor,
Rescue Boat Operator or SCUBA Training
Lifeguards 9 American Red Cross; Lifeguard Training
CPR Professional Rescuer EMT 1 (within
I year of hire)
Pt Time Lifeguards 15 American Red Cross; Lifeguard Training
CPR Professional Rescuer EMT 1
Office Assistant II I (Typing > 40 WPM)
Lifeguard Employment Performance Test:
· Rescue of 2 swimmers at 50 yds. offshore (simulated multiple victim drowning)
meter swim in t0 minutes or less (USLA minimum standard)
· mile timed run in 8 minutes or less
· CPR on adult training manikin (single rescuer)
· Written examination of 50 questions pertaining to Basic Life Support and
Ocean Lifesaving Topics.
· Physical Exam and Drug Screening
· lO m/nutes rest between the 1st three pa/ts of the phj/s/ca/performance test
Training follows the USLA guidelines and Manual of Open Water Lifesaving including:
· Orientation Training · Lifesaving Techniques · CPR Certification
· EMT Recertificafion · Basic Life Support · Physical Strength
All Staff must complete assigned training on a monthly basis to be elgible for
employment. Individual perfomance is monitored by the Lieutenant(s) assigned to
training. EMT recerfification is completed through the Delray Beach Fire Department
and Semi Automatic External Defibrillator Training conducted by Dr. Randy Wolff.
Physical Training monthly minimum and part time requirements:
Full Time · 2 miles swimming · 10 miles running · 4 miles paddling
PartTime · 112 mile swimming · 3 miles running · t mile paddling
(part t/me//feguards are required to work a m/n/mum of 40 hours per month)
1995 Beaoh Patrol of the Year Applioation - Page
Annual requalifcafion for lifeguards is completed in November. This test is identical to
the entry level performance test adding a CPR practical and written exam for the
Professional Rescuer. Driver's Licenses are checked every quarter per city policy.
Delray Municipal Beach and Atlantic Dunes Park are two ocean facilities actively
guarded on a year round basis. The municipal beach is 1 mile in length and has seven
enclosed lifeguard towers. There is an eighth lifeguard tower at Atlantic Dunes Park
which is separated from the municipal beach by one mile. Lifeguards utilize; two Honda
4 wheel drive ATVs, two rescue dories, one inflatable rescue boat, two AED units and
the Supervisor has a Dodge Ramcharger vehicle for 24 "on call" response.
Alternate lifeguard towers are issued a BZ soft foam 10' rescue board. Each lifeguard
tower has a oxygen therapyllst Aid bag with suction unit, isolation kit and all equipment
per OSHA Rules to protect employees from blood borne and airborne pathogens. Two
Semi Automatic External Defibrillators are in service for cardiac emergencies one
located on the main beach and the other at Atlantic Dunes Park. An infectious disease
protocol is in place if there is an exposure or contact with a patient suspected to have
an infectious disease.
Delray Ocean Rescue has a memorandum of understanding in conJunction with the
Fire Department (EMS Provider) and is under the direction of Dr. Randall Wolff,
Medical Director for the Beach Division. Dr. Wolff has provided the lifeguard staff with
additional training and written Basic Life Support Protocols to be followed by the EMT
Ocean Lifeguard Staff.
Office Assistant II Alberta Gaum assists the Beach Supervisor in the administrative
responsibilities of the Beach Division. The Beach Office has a Dell 4331L computer
utilized for; payroll, statistics database, budget preparation and management and will
soon be adding a second computer to the beach office. The annual budget of the
division was $786,330 for the 1994-1995 Fiscal Year.
Delray Beach Ocean Rescue Beach Supervisor Richard Connell is the current
President of both the Florida Beach Patrol Chiefs Association and the Southeast
Lifesaving Association. Delray Beach hosted the 2nd Annual Awards Banquet of the
Florida Beach Patrol Chiefs Association March 1995. Parks and Recreation Director
Joe Weldon has supported and encouraged participation in the FBPCA and SELA/USLA
as an Associate Member and providing for travel to the USLA National Meeting.
The Delray Ocean Rescue Lifeguard Competition Team performed admirably in 1995.
Local competition overall team results: Delray 2nd place, Palm Beach County 3rd
place, Boca Raton 3rd place, Hollywood 3rd place, Pompano 3rd place, Dade 2nd
place, USLA Regionals (Deerfield Bch.) 2nd place. USLA National at Santa Cruz
placed 10th overall and Delray lifeguard Scott Mundell placed 1st in Surf Swim heats
finishing 3rd in the finals. This is the 3rd year that a Delray Lifeguard served as
Captain of Team Florida participating in the International Ocean Lifeguard Challenge
in Hawaii, earning 6th place overall. Team Florida placed 3rd in the Outrigger Canoe
Race surprising the other teams from the Pacific Region. Delray Beach lifeguard
Scott Mundell placed 6th in the world in the 500 meter swim. Houston Park placed
13th out of 50 in the 2.5 mile surf ski race.
1 gg5 Beaoh Patrol of the Year Applloation . Page
Delray Ocean Rescue has continued public education activities in 1995, the Community
Ocean Awareness Safety Class and a quarterly Beach Walker's Club newsletter. The
Community Ocean Safety Class is conducted on the 2nd Wednesday of each month at
the Community Center. It consists of a video presentation, written materials and
lecture. Attendance ranges from 5 years old to 80 years young. The Beach Walker's
Club has 84 members and promotes the use of the municipal beach area for exercise
and physical well being of many of our senior citizens. Collectively club members
walked a total distance of 4,865 miles during 1995. The Beach Walker's Newsletter
offers many interesting topics including interviews with club members and profiles of
the lifeguard staff. Other features include healthy meal recipes and ocean safety tips.
Club members receive awards for walking miles at the Delray Beach Annual Ocean
Lifeguard Award Breakfast each December. Lifeguard Lieutenant Ken Thompson
received the Annual Ocean Lifeguard Award again in 1994 and1995..
Some significant events hosted by Delray Ocean Rescue; The 9th Annual Delray
Ocean Rescue Lifeguard Competition in April, the July 4th Beach Fireworks attended
by 20,000 plus visitors rescheduled on September 4th '95 supervised by the lifeguard
staff, the 1st Annual Ocean Rescue Swim Challenge on December 24, 1994 and the
1st Annual Surf Ski Race in February 1995. The compeififlon events are fund-raisers
sponsored by local businessmen to support the competition team. These events had
over 100 participants and raised almost $1,500.00 for travel expenses to the 1995 USLA
Nationals. The 2nd Annual Swim Challenge will be held again on December 23, 1995.
Safety measures provide for lifeguards:
· Enclosed elevated Lifeguard Towers
· Sunscreen SPF45
Frogskin UVBIUVA block long sleeve shirts and flap hats
· Isolation Kits containing impervious gown, face mask, eye goggles, latex gloves
Disposable Bag Valve Masks and CPR microshields
Anti viral hand rinse and anti bacterial soap
· Medical supervision from medical director
Infectious Disease Exposure Plan
· BZ soft foam rescue boards
Delray Ocean Rescue maintains a "Surf Chair" for the physically challenged and it has
been used favorably by over 58 handicapped individuals to date. Delray Beach Ocean
Rescue served 919,6~.~. persons in 1995 providing medical assistance for 24 persons
activating the EMS system in 28 of these medical emergencies. 82 ocean rescues were
performed which involved 1 boating accident, 81 rip-current related rescues and 10
allergic reactions to man-o-war stings. Lifeguards assisted 36,033 persons and
enforced municipal codes on 11,833 occurrences, performed CPR and/or Oxygen
Therapy on 16 occasions and provided minor 1st Aid assistance 56 times, returned 32
lost and found items, reunited 18 missing persons with their concerned families and
friends. Lifeguard Staff performed 200 hours of in-house equipment maintenance,
swam 919 miles, ran 6,620 miles, paddles 1370 miles, rowed 556 miles, and surf
skied a total of 297 miles, during physical training. The lifeguard competition team
participated in 201 events averaging 4th place overall in 9 events locally, regionally
and nationally.
Delray Beach Ocean Rescue received Advanced Agency Open Water Certification
from the United States Lifesaving Association at the National Meeting in Myrtle Beach,
South Carolina during November 1995.
RESOLUTION NO. 15-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ARTHUR
GARLAND FOR FORTY YEARS OF DEDICATED SERVICE TO THE CITY
OF DELRAY BEACH, FLORIDA.
WHEREAS, Arthur Garland was hired by the City of Delray Beach,
Florida, on February 22, 1956; and
WHEREAS, Arthur Garland reached a milestone in his career on
February 22, 1996; and
WHEREAS, this milestone was achieving forty (40) years of
full-time public service with the City of Delray Beach, Florida; and
WHEREAS, Arthur Garland has been a faithful and dedicated
employee in Public Works and the Community Improvement Department (Code
Enforcement) for these past forty years; and
WHEREAS, he has consistently performed any and all duties
required of him in an exceptionally mature and professional manner,
exhibiting competence and loyalty; and
WHEREAS, the services and knowledge provided by this dedicated
employee are sincerely appreciated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby congratulates and expresses its sincere thanks
and appreciation to Arthur Garland for forty years of dedicated and
faithful public service, and further wishes him the best of health and
happiness as he continues his career with the City of Delray Beach.
PASSED AND ADOPTED in regular session on this the 20th day of
February, 1996.
M A Y 0 R
THOMAS E. LYNCH
ATTEST:
City Clerk
February 16, 1996
TO THE BOARD OF D/RECTORS OF DEI,RAY BEACH' CHAMBER OF
COMMERCE:
RAIL FLORIDA, one of the fivo proposals submitted to the Florida Department
of Transportion to develop a high speed inter-eily rail transportation system in Florida is
doing a presentation at the Delray Beach City Commision meeting on Tuesday, February
20, 1996.
RAIL FLORIDA is a consortium led by Raytheon Infrastructure Service
Corl~oration, in concert with Keith and Selmars, P.A.., ABB Traction, Inc., and Amtrak.
Presenters will be Mr. Scott Austin, Attorney for RAIL FLORIDA, Mr. Ron
Berndt, Florida Amtrak State Director and Mr. Derails Beal, The ,gtralegic Alliances
Croup of Washtington, D.C. The presentation will be 20 minules with Q&A.
Please pla~ to attend,
TO: DELRAY BEACH BOARD OF DIRECTORS
Cheryl Barnard
Bonnie Brow
Sacasha Brown
Rogert Coover
Randee Golfler
David Harden
David L, Henninger
Jerry Janaro
Roger Kirk
Albert~ McCarthy
Frank McKinney
Bob Miller
Stormet C. Norem
Buddy Owens
Mike Plum
Loren Sheffer
Dick Sheremeta
Susie Simms
Jim Stahl
Jamie Titcomb
Blanche A. Williams
Sharon Weekes
William Wood
Rail Florida Anne Gannon 407-687-2966
6500 N. Andrews Avenue, Suite 200 Tom Downs, VP AMTRAK
Ft. Lauderdale, FL 33309 Ron Berndt, FLA AMTRAK
305-772-2524 Dennis Beal, Strateqic-
305-772-5541 FAX Alliances Group, D.C.
American Maglev Technology, Inc. Susan Hamler, Assistant
Florida Maglev Consortium Britt Bochiardy, Gen Mgr-
P.O. Box 10, Edgewater FL 32132 will attend
2620 Cow Creek Road, Edgewater 32141
904-427-6643 FAX 904-427-2067
Florida Overland Express (FOX) Gene Skoroposki
5950 Hazeltine National Drive Herb Burnham will attend
Citadel #3 Building, Suite 255
Orlando, FL 32822
407-855-3421 FAX 407-855-5634
THE FOLLOWING TWO FIRMS WERE DISCOUNTED BY THE GOVERNOR'S
ADVISORY COMMITTE
Florida MagPlane, Inc. Donald Kaplan
1661 Williamsburg Square
Lakeland, FL 33803
941-644-2338
Italferr-sis. t.a.v, s.p.a. Dr. Martin Stine
52 Cranberry Lane
Needham, MA 02192
617-444-0213 FAX 617-455-9019
Wants written invitation faxed to him, which he in turn will FAX
to Italy for approval. He will come if they OK. Will let us
know by Friday. They are working with FEC to put Delray on route
We have received a request from Rail Florida to make a presenta-
tion before the DBCC concerning the HSR transportation system. As
a courtesy, we are extending an invitation to the other
interested parties to do likewise. The CC meeting will be held on
Tuesday, 2/20 at 6:00 p.m. in the Chambers at City Hall, 100 NW
1st Avenue. Presentations will be limited to no more than ten
minutes. If interested, please let us know by Friday.
Sharon:
We've received a request from Anne Gannon (407/687-2966) to have
a company by the name of Rail Florida make a presentation at the
2/20 meeting regarding the High Speed Rail (HSR) transportation
system. I referred the request to Mr. Harden. He advises that
Rail Florida is one of five companies which made application for
the HSR. He doesn't have a problem with Rail Florida making a
presentation, but feels we should extend the same opportunity to
the other companies if they are interested or in¢lingd to do so.
Attached is information from Planning about the five firms. The
four besides Rail Florida should be contacted to see if they,
too, would like to make a presentation on February 20tho They
should be put on notice that presentations will be limited to nQ
more thaD 10 ~inut~s.
Rail Florida gave no particular reason for why they want to make
the presentation. We are simply extending the same opportunity
to the other applicants as a courtesy.
Let me know as soon as we know which of the firms, if any other
than Rail Florida, are interested. We also need to get back to
Anne Gannon at the phone # above confirming for the 20th and to
let her know if any of the other firms will also be presenting.
~1o~¥,! ~,.c Ct~unty Commissioners Court .ty Administrator
Ma~y McCarty, Chair Robert Weisman
,Ken _~ ,. Foster, Vice Chairman
Karer, '[. Marcus
Carol A. Roberts Department Planning, Zoning & Building
Wa.,'ren H. Newell
Bur~ Aaronson
M*u,k~ Ford Lee
January 2, 1996 ·
Mr. Joseph Yesbeck, P. E., Director of Planning & Progrmns
FDOT - Districx IV
340{) West Commercial Boulevard
Ft. Lauderdaie, FL 33309-3421
RE. Review of the five applications for High Speed Rail
Dear ~¢L~. Yesbeck:
Enclosed ~.s '~.he review of the five hig~ Speed Rail (HSR) applications. Please use thi~ anaiysis as
of you r assessment of each applicant flur/ng thc FebruaD', 1 ¢96 selection process.
SI~'IJAT!ON
The Florida Department of Transportation (FDOT), as required by the High Speed Rail Act, has
reque~ed that local jurisdictions review five applica~tions for the HSR transportation system tiaat would
ultirnatel,~ cotmec, t Tampa, Orlando,'West Palm Beach, Ft. Lauderdale and Miazra. Five applications
were received by FDOT on October 31, 1995, and the State held workshops at selected locations
around the state to give the applicants an opportunity to present their proposals and to allow local
jurisdictions to pose questions. (The Workshop for the Palm Beach County/Treasure Coast region was
held on November !5, 1995 in Palm Beach Gardens.) All reviews must be submitted to FDOT by
January 2, 1996. Submitted comments will assist in the selection process by FDOT in Februao', i996.
When the selection is made, the chosen applicant v,411 u.nd~rgo certification which will give local
jurisdictions another opportunit3' to review more detailed plans. This report:
I. Summarizes all five applications
2. Reviews pertinent objectives or policies from the Palm Beach County
Comprehensive Plan
3. Determines which attributes from the five applications further the goals of the
Comprehensive Plan
4. Rank-orders the five applications based on th~ objectives of the Comprehensive
Plan.
"An Equal Opportunity - Affirmative Action Employer" ,
~'pr,r~t~or~roc!~qo~p.~oor 100 Australian Avenue West Palm Beach, Florida 33406 (407) 233-5300
BACKGROUND
Interdepartmental Review
In its management role with the. Comprehensive Plan (which articulates the overall policy
objectives of all County agencies), the Planning Division was able to-serve as a centralized
coordinator during the high speed rail review. Pertinent County departments and agencies as well
as key municipalities within PalmBeach County were contacted and invited to a meeting with the
purpose of identifying key issues and d~ermining if one .particular proposal offered clear
'advaatages for al! of Palm Beach County. On December 11, 1995, representatives from the
following agencies met to discuss HSR:
1. The Plam~ng Division of Palm Beach County (PZ&B)
2. Palm Beach County Palm Tran (bus service)
3. The Palm Beach County Traffic Engineering Department
4. The Palm Beach County Metropolitan Planning Organization (MPO)
5. The Palm Beach County Department of Environmental Resource Management
(E~)
6. The Treasure Coast Regional Planning Council
7. The City of West Palm Beach
8. The Tow~a of Jupiter
9. The City of Delray Beach
The x-esult of the meeting was that review agency representatives were able to agree that twe
specific applicants offered the best proposals based on the needs of Palm Beach County and the
Treasure Coast. The findings are reflected in this letter.
Review Criteria
Tae review made by the Palm Beach County Planning Division focuses on three broad topics
which are stated below.
1. Growth management and environment
Is the plan compatible with local and regional plans?
Have environmemal impact.s~d mitigation measures been
adeqaately addressed?
2. Local issues
Do route alignments--reflect an understanding of
environmental and land use considerations?
Are station locations convenient and accessible?
Does the service detract or enhance the visual environment?
How does the applicant address: noise impacts, elevated or
at-grade tracks, the speed at urban crossings, and the affect
on neighboring residential areas?
3. Plan viability
Does it bolster or hurt the existing Tri-Rail service?
Synopsis of the five HSR applications
The foliov.4ng brief synopsis provides an overview of the five applications._
1. Flofid,~ Overland Express (FOX)
Proposed route: The service will run from the Miami Airport to Palm Beach
Count5' along a ~vestern route that follows the eastern boundary of the
Loxahatchee National Wildlife Refuge. The FOX system would connect to
Tri-Rail in MJan~i and West Palm Beach via shuttles. It will then travel north
to. Orlando and then to Tampa. Later phases include an extension toward
eastern Broward County to Ft. Lauderdale, downtown Orlando and St.
Petersburg. Finally, routes to Jacksonville and other parts of Florida are
contemplated.
Stations:- Total system: seven stations (Tampa, Lakeland, Kissimmee area
attractions, Orlando Airport, suburban West Palm Beach region, West
Broward County'Saw Grass Mills area bordering Water Conservation .&rea
No. 2 (western lmfit of suburban development): and Miami International
Airport. For Palm Beach County: two sites are considered for one station -
1) in the vicinity of Belvedere Rd. and the Turnpike; and 2) in the vicinity of
Blue Heron and 1-95. ·
· Technology: The system will be run by electric power on a continuous
welded rail. The traction electrification system proposed ['or the FOX is a
25-kV, 60-AC overhead catenary system.
· Noise Impacts: Low to medium.
· Examples of technology used elsewhere: Europe.
Speeds: Average speed is 300 mph.
· Proposed operational date: The Miami ~c[ Orlando segment would begin
in 2004; full operation would start in 2006.
· Headways: FOX would depart every 30 minutes, during peak periods.
Express service would be provided by skipping stops.
· Trip duration: Miami to Orlando in 90~minutes, and Orlando to Tampa in
less than 60 minutes.
· Number of passengers per train: Entire trainset first class-133 (28-37 per
car); entire trainset coach class-162 (16-56 per car); entire trainset seating
capacity-295.
_ · _. · Typical cost of tickets: Coach and first class Seating are expected to r_ange
from $54 to $108.
· Expected number of passengers served: By 2010, it is estimated that 6.4
million passengers will'have used this system generating $384 million dollars
in passenger revenue.
· Track system: A double-track rail line dedicated solely to the FOX system.
· Revenues and financial structure: FOX is estimated to be a $4.8 billion
project that would have a 40-year fi'anchise agreement. FDOT will contribute
either $95 million per year untiI 2035, or $70 million per year until 2035, and
a new special district would'offer bonds to private investors.
· Sensitive environmental areas affected in South Florida: Significant
issue. Rail line runs along sensitive conservations areas.
· Does it bolster or hurt the existing Tri-Rail service? Three stations are
proposed for South Florida. The system would not directly compete with
Tri~.Rail.
' 2. Florida Maglev Consortium, Inc.
· Proposed route: This applicant proposes using the existing Tri-Rail, 1-95,
· the Bec Line Highway, 1-75, and 1-275. corridors. It would connect:
Miami, Ft. Lauderdale, West Palm Beach, Port St. Lucie, Port Canaveral,
Orlando, Disney, Lakeland, Tampa, and St. Petersburg. Branch lines
would provide additional connections between cities, and to ports,
airports, and downto ~'ns.
Stations: Total .. ~' · ~
s~, ~em. ten primary stations and fi~ur secondary, offshoot
stations. For south Florida: Port St. Lucie, West Palm Beach, Ft.
Laudemale I.Port Everglades), Mimni International Airport.
Technology: Magnetic levitation would be used, which employs large
permanent magnets.
· Noise Impacts: Low.
· Examples of technology used elsewhere: Experimental prototypes exist
only in both Japan and Germany.
Spet~ls: Maximum - 300 mph for express service and 150 mph for local
service.
· Proposed operational date: 2005. Syst. o~n/would be built in segments
over, time The first link would be built in the Orlando area and be ready
by 1999.
· Headways: 15 minutes.
· Trip duration: Between from Miami to Orlando - 60 minutes.
· Typical cost of tickets: Miami to Orlando - $50; Orlando to Tampa -
$26.
· Number of passengers per train: 80.
· Expected number of passengers served: 30 million passengers by 2010.
· Track system: Two elevated parallel tracks, an average of 33 feet above
4
__ _ grade, ranging from 15 to 80 feet, one track in each direction.
· Revenues and financial structure: The franchise would last 50 years.
Expected to run at a profit by 2000. The state would support the system
with a subsidy of $70 million per year until at least 2005. Stations would
be built and funded by the local governments.
· Sensitive environmental areas affected in South Florida: None. Track
would run in urban areas.
· Does it bolster or hurt the existing Tri,Rail service? Three stations are
proposed for South Florida. The system would not directly compete with
Tri-Rail.
3. F~orida MagPlane,/nc.
· Proposed route: Along existing interstate corridors.
· Stations: 35 stations (magports) are would be built between Homestead
and St. Petersburg. Ten would be located in south Florida. They would
be small and situated in airports, city centers, major shopping malls, office
and industrial parks, ports, and other nodal locations. Non-stop and
on, stop service would be available. For south Florida: South Dade, Dade
Gov. Center, Bal Harbour, Ft. Lauderdale, Boca Raton, Delray Beach,
West Palm Beach, Jupiter, Stuart, Ft. Pierce, and Vero Beach.
· Technology: The vehicles (called magplanes) carry no motor or fuel.
..They are designed to fly 6 inches above an aluminum trough propelled by
a traveling magnetic wave.
· Noise Impacts: Low.
· Examples oftechnology used elsewhere: None. A 3 mile demonstration
facility is proposed for central Florida between 1996-1999.
Speeds: Average cruising speed - 224 mph; maximum - 300 mph.
· Proposed operational date: 2000, first phase.
· Headways: Each magplane car would leave every 10 minutes
· Trip duration: Between fi.om Miami to Orlando - approxi~nately 1 hour.
· Number of passengers per train: Each magplane would carry 140
paSsengers. The system would have a capacity to hold 25,300 passengers
per hour, each way. The proposal would include priority freight with
overnight and consumer merchandise servi.c~, ~,vhich would run during low
demand ridership hours.
· Expected number of passengers served: 800,000 riders per year per
station (total of 35 stations); Total estimated passengers per year: 14-30
million. . ~-
· Track system: The tracks or magways, would be elevated, half inch
aluminum troughs, supported by a light weight aluminum frame.
· Revenues and financial structure: The average cost ofa.trip would be
23 cents per passenger mile. Public offering of its stock and issuance of
tax-exempt bonds for construction would finance the project. Florida
5
MagPlane predicts that 'the sys.tem would be profitable by the end of the
first year of revenue operation and would not need the $70 million per
year subsidy offering from FDOT. The. franchise would last for 35 year s.
Sensitive environmental areas affected in South Florida: None. Track
would run in urban areas.
· Does it bolster or hurt'the existing Tri-Rail service? At least 8 stations.
would be located in. South Florida. The system would directly compete
with Tri-Rail.
4. Italferr-sis. t.a.v.s.p.a.
· Proposed route': To be determined at a later date. It is assumed that it
would connect Miami, Orlando, and Tampa.
· Stations: To be determined at a later date.
- Technology: The applicant proposes to incrementally upgrade existing
rail lines. The service is to initially use electric power.
· Noise Impacts: Unknown.
Examples of technology used elsewhere: Italy: Italian State Railways.
Speeds: Average speed is 120 mph.
Proposed operational date: To be determined at a later date.
Headways: To be determined at a later date.
.-Trip duration: Miami to Orlando: 150 minutes.
'Number of passengers per train: To be determined at a later date.
· Typical cost of tickets: This company proposes to conduct an in-depth
survey for each segment of the rail system to determine market, ridership
and the correct technology, for each.
· Expected number of passengers served: To be determined at a later
date.
· Track system: Similar system to the Italian State Railways.
· Revenues and financial structure: A study would be used to calculate
how nmch more people will pay to go faster than 55 or 65 mph for each
segment of each link. This fare structure would become the basis for the
operating budget.
Sensitive environmental areas affected i~ ~outh Florida: Since route
is not determined, effects cannot be determined.
· Does it bolster or hurt the existing Tri-Rail service? Since route and
station locations are not determined, effects cannot be determined.
5. Rail Florida
· Proposed route: The applicant proposes the incremental upgrading of
existing rail corridors. Rail Florida would create an intermodal network
system coordinating regional rail and public transit services, automobile
access to stations, and connectiOns to selected airports and port facilities.
6
Stations: The trains will run between Tampa, Orlando, and Miami, and
may expand A stop in West Palm Beach is planned in Phase 1, and a stop
in Boca Raton is planned in Phase 2. Other South Florida Stations: Ft.
· Lauderdale and Miami MetroRail with bus service to Miami International
A~rport.
Technology: Phase one would be diesel. Later phases would be electric.
This system would utilize existing X2000 High Speed Tilting .Trains
(Swedish design) as well as Flexliner diesel multiple unit trainsets (Danish
design). Existing Amtrak maintenance facilities, stations, reservation
system and skilled work force are to be used. Phase 4 would utilize
electrified X2000 trains achieving 150 mph in 2021.'
· Noise Impacts: Moderate to high.
· Examples of technology used elsewhere: Sweden.
· Speeds: Within one year after the award of the franchise, the trains
would operate at 79 mph between Tampa, Lakeland, Orlando and
Sanford. Phase 2 would include the use of X2000 trains at 79-125 mph
between Tampa-Orlando and Miami in 2004. Phase 3 enhanced high
speed service would use the 1-4 fight-of-way between Tampa and Orlando.
· Proposed operational date: The system could be operational in one.year.
Phase 4 would be completed in 2021.
· Headways: Undermined.
· Trip duration: Miami to Orlando: 3.5 hours in phase I; 2.75 hours in
phase II; 225 hour in phase III; 1.9 hours in phase IV.
· Typical cost of tickets: From Miami to Orlando, business and
non-business class seating would range from $50-$85 and $35- $70
respectively.
· Expected number ofpassenger~ served: According to this proposal, 12
million riders per year would be needed to support premium service, while
2.5 million riders will support a less costly service.
· Track system: Existing rail lines.
Revenues and financial structure: In this public/private partnership,
state authority will be obtained to lease the latest generation of Flexliner
units for startup until U.S. equipment is built. A predetermined number of
years for the franchise has not been propos, ad~ because it would not allow
sufficient flexibility for changes required as the' project evolves. This $4.3
billion proje~ proposes a 50-year franchise agreement. For the proposed
plan to be a success, it would require the State's full financial support
(FDOT $70 million/year) as well as from the local governments, and the
expertise and resources of the private sector. Rail Florida proposes a new
district within FDOT to oversee the project design and management. The
State, Tri-Rail, and/or local governments,, and corridor property owners
would own portions of the infrastructure. The State would eventually own
the trains. Rail Florida may retain ownership of associated developments
_. or joint developments which occur as a result or, in support, of the system.
Sensitive environmental areas affected in South Florida: None. Track
would run in urban areas.
Does it bolster or hurt the existing Tri-Rail service? Four stations are
proposed for South Florida. The system would not directly compete with
Tri-Rail.
ANALYSIS .
Directives from the Comprehensive Plan that apply to HSR ,
Five dkectives within the Palm Beach Co~mty 1989 Comprehensive Plan relate to HSR. They read
as follows:
· Mass Transit Element Policy'5-c: The Count3' shall develop a program of incentives
to increase ridership on Tri-Rail.
· Mass Transit Element Policy 5-c: The County shall coordinate land use and
· . transportation services planning with the Florida High Speed Rail franchisee to insure
consistency of this transportation mode with the elements of the County's
Comprehensive Plan and to insure an HRS stop in the Central County.
-.La.nd Use Element - overall County Direction: 5. Growth management: Prevent
t:drther urban sprawl.
· Land Use Element - overall County Direction: 9. Environmental integrity: Protect
the environment by limiting the impact of growth; direct incompatible growth away
from sensitive areas; and encourage env~ironmentally sound land use pla~ming.
· Land Use Element - overall Coonty Direction: 10. Urban Design: Promote the
concept of urban design to direct urban development, including ...new construction.
Urban design is.used to guide...physical development of the build environment and
· make such development functional, orderly efficient, visually pleasing, ...and supportive
of generally accepted community goals.
In ,reviewh~g the five applications fbr I-ISR, fbur prop~,sals either do not further the goals of the
Comprehensive Plan or cannot be adequately measured to assess their compatibility.
First,, FOX's alignment on the extreme western edge of.the urbanized areas for both Broward and
Palm Beach Counties could promote additional sprawl development around station locations. The
applicant states that this is the only feasible alignment since their particular technology cannot be
easily placed into established urban areas or onto existi.ng track lines. Further, the two identified
locations for a possible station do not promote the development or redevelopment of eastern urban
areas To fit with the County's existing MPO mass 'transit plans, the HSR station should be
integrated into the planned intermodal transit transfer station which will ~be built adjacent to the
Seaboard Railway' Station in downtown West Palm Beach. This has federal backing and.promotes
coordination with and connection to all. other forms of mobility. Further, Fox's proposed route
alignment requires widening ofthe low that borders the Loxahatchee National Wildlife refuge.
in 1994, the Loxahatchee NWqR was listed by the federal government as one of the ten most
threatened national wildlife refuges in the.country. Such close proximity of a rail line to this
sensitive conservation area-could adversely affect the refuge's environmental quality.
A second applicant, Florida Magi)lane, proposes 8 stations within South Florida. Fewer station
are needed. Thisparticular strategy would be incompatible with express, kdgh speed rail services
be~.~veen Miami and Orlando. It would also compete directly with the local services offered by
Tri-Rail. If the Mag. Plane proposal could be altered to reduce the number of stations, then the
propo'~al would rank higher. The. applicant has addressed the aesthetic issue of elevated lines by
employing new technologies that reducing the bulk, height, and size of the guideways.
The third, Italferr-sis. t.a.v.s.p.a., gives inadequate information about route and station locations.
Without adequate information, no evaluation can be made as to the appropriateness of this
proposal roi Florida.
Fourth, the Florida Maglev proposal designates local governments as the source of funding fei' the
building of stations. This is incompatible with the Comprehensive Plan in that these proposed
expendi .re. res are not reflected in the Capital Improvement Element. In addition, a current member
of the Board.of County Commissioners has already stated (at the December, 1995 Treasure Coast
Regional Planning Council meeting) that local governments do not have available t~ands ibr
construction of stations. The cost of building stations should be a state responsibility.
Finally, Rail Florida's proposal attempts to fi~t high speed rail teclmology onto existing rail lines
that run through municipalities. Without grade separation of tracks, (as called for in phase I),
safety becomes a concern. Fast trains present problems for pedestrians and automobiles that must
negotiate rail crossings. Although elevated tracks may hurt an area's overall visual quality, the
danger of at-grade HSR through cities is a greater negative.
CONCLUSIONS ~
.In order for an applicant to receive a high ranking or endorsement fi.om the Palm Beach County
Planning DMsion, the following objectives must have been met:
1. Its proposed rail line route must be located in the urban eastern cities
which would provide proximity to the population served. The route
should not promote additional urban spt.awl to the west.
........... 2. The application must proposed a route thatis compatible with or causes
minimal impacts to surrounding land uses.
3. The number of stations must be kept to a minimum. This would avoid
the situation where HSR would compete with the local commuter train
service (Tri-Rail).
4. The applicant must provide for the co-location of a HSR station at, or
near the planned downtown West Palm Beach multi-modal transit transfer
station. This furthers the County's goal of coordinating all modes of
travel.
5. If elevated rail lines are to be used, then the applicant must take
advantage of new train technology that significantly reduces noise
impacts. In the past, elevated trains have broadcasted noise to a wider
area and have negatively impacted surrounding residential neighborhoods.
6. The applicant must adequately address the safety of pedestrians 'and
drivers by sufficiently separating the HSR from surrounding areas. If
elevated rail lines are to be used, then the applicant must take advantage
of new train technology that minimizes the visual blight of elevated tracks
.- by reducing their bulk, height, and size of the guideways.
Recommendation
Two applicants met the six criteria stated above: Maglev and MagPlane. If other applicants (such
as FOX) could revise their applications by: 1). placing their proposed route in the eastern, urban
centers; and 2) maintaining a grade-separation between train lines and automobiles, then Palm Beach
County would view their proposals more favorably.
Although ranked first, the Maglev proposal had two unacceptable provisions. First, local funding for
the construction of stations is unrealistic. The State should assume this responsibility since local
governments do not have the financial means. Second, Marcy's technology (although promising)
still remains experimental in both Germany and Japan. '~
The MagPlane proposal ranked a dose second to Maglev but, also had two unacceptable provisions.
First, MagPlane's application called for too many stations in South Florida. These would directly
compete with the services offered by Tri-Rail. IfMagPlane could reduce the number of South Florida
stations, then its application would rank equally high with the Maglev proposal. Second, MagPlane's
technology also remains experimental, with a prototype to be built in the Orlando area between 1996
and 1999.-
10
As mentioned before, the Planning Division convened a. meeting _where nine County agencies or
municipalities agreed to the findings reflected in this review. However, please note that this material
presents a staffposition and does not, necessarily, reflect the views or position of the Board of County
Commissioners. Please incorporate these comments into FDOT's assessment of all five HSR
applications. Should you have additional questions about this staff.review, please contact our office
at (407) 233-5301.
Sincerely,
Senior Planner
Copy:
Bob Weisma~% County Administrator
Pat Miller, Deputy County Administrator
Dominic Sims, Interim Executive Director
Ed Radson, Florida High Speed Rail project coordinator, FDOT, Ft. Lauderdale
Nancy Bungo, Florida High Speed Rail project coordinator, FDOT, Ft. Lauderdale
George W'ebb, County Engineer, Palm Beach County Engineering Dept.
Dan Weisberg Senior Planner, Palm Beach County Engineering Dept.
Randy Whitfield, Director, MPO
Richard Waleslc~,, Director, Palm Beach County ERM
Barry~ Smith, Palm Beach County ERM
Ir~5ng Cure, Director, Palm Beach County Palm Tran
Michael Busha, Exec. Director, Treasure Coast Regional Planning Council
Mark Hill, Planning Director, City of West Palm Beach
Carmen Annunziato, Planning & Zoning Director, City of Boca Raton
,//Diane Dominguez, Planning Director, City of Delray Beach
Tambri Heyden, Planning Director, City 0fBoynton Beach
Richard Walton, Planning Director, City of Palm Beach Gardens
Eric Riel, Planning & Zoning Administrator, City of Jupiter
Davender Kant, Dir. of Comm. Develop. & Environ. C?dtrol, Riviera Beach
Karen Craven, Planning Director, Village of Royal Palm Beach
Keith Stahley, Deputy Administrator, Village of Wellington
File:i:~eommon¥1anning~a vd aneechntergovXhighspra.wpd
11
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To: Council Members AGENDA ITEM 6
From: Staff
Date: January 19, 1996 Council Meeting
Subject: High-Speed Rail - Review of Applications
The Florida High-Speed Rail Transportation Act (Sections 341.3201-341.386, Florida
Statutes) promotes the establishment of a high-speed rail (HSR) transportation system
connecting major urban areas in the state. To achieve this goal, the Florida Department
of Transportation (FDOT) issued a Request for Proposals (RFP) in February 1995 to
establish a HSR system from southeastern Florida to Orlando and Tampa. The RFP
solicited plans from private companies to finance, build and operate the HSR line.
In response to the RFP, FDOT received five applications for the franchise of the HSR
system. In February, FDOT is planning to select one applicant to award the franchise or
reject all applications. If an applicant is selected it will form a partnership with the state
to establish the HSR system. After the franchise is awarded, there will be a certification
process that will give local governments, agencies, and other interested parties an
oppommity to review more detailed plans and make recommendations concerning
certification.
The HSR Transportation Act requires each agency affected by an application to review
the proposal regarding matters within its jurisdiction. The FDOT has requested that
Council review the five HSR applications and provide comments to them by January 2,
1996. Council's comments will be used by FDOT to assist them in their selection
process. This report summarizes the five HSR applications, analyzes them in terms of
addressing regional issues, discusses concerns, and identifies the most desirable
proposals. -
Summary of the HSR Applications
The five applications are summarized in the text below. Important features of each
proposal are compared in tabular form in Exhibit 1, and maps of the proposed mutes for
each HSR system are shown in Exhibit 2.
Florida Maglev Consortium, Inc. - This applicant proposes to use the existing TH-Rail,
1-95, Bee Line Highway, 1-75, and 1-275 corridors. The Consortium is a Florida
Corporation owned by American Maglev Technology of Florida, Inc. and Coleman
Research Corporation. The vehicles will nm on a dedicated elevated guideway
constructed in the medians of existing interstate highways. The proposed route includes:
Miami, Ft. Lauderdale, West Palm Beach, Port St. Lucie, Port Canaveral, Orlando,
Disney, Lakeland, Tampa, and St. Petersburg. "Branch lines" will provide intracity, port,
airport, and central business district connections. The proposed system would utilize
magnetic levitation technology, which operates with large permanent magnets similar to
systems currently being developed in Germany and Japan. The Florida Maglev
technology is currently being tested on a full-scale test track in Edgewater, Florida.
Florida Maglev plans to operate its vehicles at 300 mph and be fully operational in 2005.
The system is proposed to be built in segments to accommodate maximum ridership. The
Orlando area is planned to be developed fa'st and is expected to be operational by 1999.
Maglev vehicles are expected to depart every 15 minutes. A trip from Miami to Orlando
is proposed to take one hour at a cost of $50. The schedule is to include both 300 mph
express service and multi-stop local service at 150 mph. Each vehicle is expected to
carry 80 passengers. It is estimated that the system will transport 30 million passengers
by the year 2010. There will be no food service since the trips are too short. The
vehicles will nm on two parallel tracks, one in each direction. The elevated tracks will be
33 feet above grade on the average, varying from 15 to 80 feet. A 50-year franchise is
proposed. The Florida Maglev system is expected to generate a positive before-tax cash
flow in the year 2000. State support ($70 million per year from FDOT) may cease in
2005 when the entire system is operational. Stations are to be financed by the respective
local governments.
Florida Magplane, Inc. - This applicant proposes to use existing interstate corridors.
The vehicles, referred to as magplanes, have no motor or fuel. They are proposed to fly
six inches above an aluminum trough propelled by a traveling magnetic wave. The
tracks, referred to as magways, are to be elevated troughs of half-inch aluminum,
supported by a light weight aluminum frame. Each magplane is to carry 140 passengers
and travel at a cruising speed of 224 mph (maximum 300 mph). Magplanes are planned
to depart every 10 minutes. The proposed system is expected to have the capacity to
carry 25,300 passengers per hour each way. The Florida Magplane technology has not
yet been tested on a full-scale test track. A three-mile demonstration facility is proposed
to be built in central Florida during the first three years.
Thirty-five stations (magports) are proposed from Homestead to St. Petersburg, including
ten in this Region. Stations are planned to be small and may be located in airports, city
centers, major shopping malls, office and industrial parks, ports, etc. Non-stop and one-
stop service are planned to be offered. The average cost of a trip is expected to be 23
cents per passenger mile. The proposal also indicates its market will include priority
2
freight with overnight and consumer merchandise service, which would utilize low
demand ridership hours.
Florida Magplane will finance the project through public offering of its stock and
issuance of tax-exempt bonds for construction. It is expected that the system will be
profitable by the end of the first year of revenue operation and will not need the $70
million per year subsidy offering from FDOT. The franchise is proposed for 35 years.
Florida Overland Ex~ress (FOX). - This applicant proposes to build a double-track rail
line dedicated solely to the FOX system. The service will nm from the Miami Airport to
Orlando then Tampa initially and may be extended into Ft. Lauderdale, downtown
Orlando and St. Petersburg, then Jacksonville and other parts of Florida. The FOX
consortium consists of the following four companies: 1) Fluor Daniel, 2) Odebrecht
Contractors of Florida, 3) Bombardier, and 4) GEC Alsthom. The system will be nm by
electric power on a continuous welded rail. A new levee along the eastern boundary of
the Everglades will be built to serve as part of the dedicated path for the rail system. This
is a public/private partnership in which the private sector will design, finance, build and
operate the HSR system that will be publicly owned.
The train is designed to carry 300 passengers from Miami to Orlando in less than 90
minutes, and from Orlando to Tampa in less than 60 minutes. The average speed of the
trains is to be 300 mph. By the year 2010, it is estimated that 6.4 million passengers will
have utilized this system generating $384 million dollars in passenger revenue. The
trains will accommodate both coach and first class seating at a cost of $54 to $108,
respectively, from Miami to Orlando. The FOX train will depart every half hour during
peak periods. Express service will be provided as well as skipping stops to provide
maximum trip times. The FOX system will connect to Tri-Rail commuter trains in
Miami and West Palm Beach.
Projected employment for the FOX railway consists of 500 full-time engineering jobs
over 4 years, 5,100 full-time construction jobs over 6 years, and 1,200 operation and
maintenance jobs over 32 years. The trains between Miami and Orlando are to begin
operation in 2004 with full operations expected in 2006. This $4.8 billion project
proposes to have a 40-year franchise agreement. It is proposed that FDOT will contribute
either $95 million per year until 2035, or $70 million per year until 2035, and a Special
District will be created offering bonds to private investors.
Italferr-sis. t.a~v, s.p.a. - This company is owned by the Italian State Railways. It
consists of the following companies: 1) Italferr, 2) T.A.V., and 3) Gemini Consulting.
The applicant proposes to incrementally upgrade existing rail lines. The service is to
initially use electric power with trains traveling at 120 mph. It will take 150 minutes to
go from Miami to Orlando. Although a definite route was not delineated in the report, it
may be assumed that it will include Miami-Orlando-Tampa.
This company proposes to conduct an in-depth survey for each segment of the rail system
to determine market, ridership and the correct technology for each. The study will be
used to calculate how much more people will pay to go faster than 55 or 65 mph for each
segment of each link. This fare structure will become the basis for the operating budget
and therefore will also decide technological expenditures. According to this proposal, 12
million riders per year are needed to support premium service, while 2.5 million riders
will support a less cosily service. A predetermined number of years for the franchise has
not been proposed, because it would not allow sufficient flexibility for changes reqUired
as the project evolves.
Rail lZlorida. - The applicant proposes the incremental upgrading of existing rail
corridors. The Rail Florida team consists of four companies: 1) Raytheon Infrastruc~e
Services, Inc., 2) ABB Traction, Inc., 3) Amtrak, the National Railroad Passenger Corp.,
and 4) Keith and Schnars, P.A. The train~ will run between Tampa, Orlando, and Miami,
and may expand. A stop in West Palm Beach is planned in Phase 1, and a stop in Boca
Raton is planned in Phase 2. This system will utilize existing X2000 High Speed Tilting
Trains (Swedish design) as well as Flexliner diesel multiple unit trainsets (Danish
design). Existing Amtrak maintenance facilities, stations, reservation system and skilled
work force are to be used. Rail Florida plans to create an intermoclal network system
coordinating regional rail and public transit services, automobile access to stations, and
connections to selected airports and port facilities.
In this public/private parmership, state authority will be obtained to lease the latest
generation of Flexliner units for starmp until U.S. equipment is built. Within one year
after the award of the franchise, these trains are expected to operate at 79 mph between
Tampa, Lakeland, Orlando and Sanford. Phase 2 is planned to include the use of X2000
trains at 79-125 mph between Tampa-Orlando and Miami in 2004. Phase 3 enhanced
high speed service will use the I-4 right-of-way between Tampa and Orlando. Phase 4
will utilize electrified X2000 trains achieving 150 mph in 2021. The trains are expected
to accommodate business and nonbusiness class seating at a cost of $50-$85 and $35-
$70, respectively, from Miami to Orlando.
This $4.3 billion project proposes a 50-year franchise agreement. In order for the
proposed plan to be a success, it will require the full financial support of the state (FDOT
$70 million/year) and local governments, and expertise and resources of the private
sector. The creation of a new district within FDOT is proposed to oversee the project
design and management. The state, Tri-Rail, and/or local governments, and corridor
property owners are to own portions of the infrastructure. The state is to eventually own
the trains. Rail Florida may retain ownership of associated developments or joint
developments which occur as a result or in support of the system.
4
Analysis of the HSR Applications
Location of the HSR Corridor
Regional Issue: Development of the HSR system in areas outside of the existing urban
corridor could encourage growth in areas where it is unwanted. The HSR corridor should
be located where it will provide service to the most highly populated urban centers within
the Region.
Strategic Regional Policy Plan (SRPP) Policy 2.1.2.3: Locate infrastructure
investments in areas designated as existing or future cities, towns and villages; 8.1.2.1:
Infrastructure should be planned and built to support and facilitate development of
existing or proposed cities, towns and villages or their districts and neighborhoods;
9.1.1.1: Encourage patterns of development and programs which reduce dependency on
the automobile, encourage and accommodate public transit, and reduce the overall use of
fossil fuels; and 15. L3.2: Increase public investment and assistance to foster infill,
redevelopment, and refurbishing of infrastructure in existing urban areas.
Council has long advocated, encouraged and required the provision of public transit.
This goal is reinforced and related to Council's desire to encourage and support the
redevelopment and revitalization of the coastal communities. However, the potential
exists for the HSR system to disperse the population further west, encourage sprawl and
discourage infill and redevelopment efforts in coastal cities, if the system is located
beyond the urban service areas and not parallel to the coastal populations of the Region.
The opportunity for local governments to create mixed-use activity centers at the
system's stations would enhance local governments' redevelopment efforts.
Florida Maglev and Florida Magplane anticipate using existing interstate rights-of-way,
specifically 1-95 through our Region. These two proposals provide for a HSR system
closest to the existing coastal communities. These proposals will benefit the local
commtmities as well as complement and improve the Region's existing transportation
systems. The proposed stations will allow for the intensification of uses, which would
further promote local government revitalization efforts. Florida Maglev Consortium's
proposal anticipates two stations in the Treasure Coast Region, one in Port St. Lucie and
one in West Palm Beach. Opportunities for branch lines will provide intracity, port,
airport and downtown connections. Florida Magplane anticipates ten stations in the
Treasure Coast Region, specifically Sebastian, Veto Beach, Fort Pierce, Stuart, Jupiter,
Riviera Beach, West Palm Beach, Lake Worth, Delmy Beach and Boca Raton. Because
of the numerous stops, this proposal provides the be-st intraregional transportation
opportunities for the residents of the Treasure Coast. However, the location of the route
is more important than the identification of locations for stations at this time in the
selection process. As long as the chosen route has the potential, station locations can be
added or deleted as the planning process continues.
5
The other applications do not propose routes that could easily provide service to the
population centers of the Region. The preferred roate for the Florida Overland Express
involves construction of a new dedicated high-speed track nmning from West Palm
Beach westerly through western Martin County and then north to Orlando. The Florida
Overland Express also provides an alternative route that transverses Martin, St. Lucie and
Indian River counties. However, the alternative route passes through the western parts of
these counties, which are relatively unpopulated. The Italferr-sis.t.a.v.s.p.a. proposal
does not illustrate a route. Rail Florida anticipates use of existing rail systems,
specifically the Southeast Florida Rail Corridor (SFRC) from Miami to West Palm Beach
and the CSX rail corridor from West Palm Beach to Auburndale (located southwest of
Orlando). The Rail Florida proposal includes a spur to St. Lucie County from SR 710
along the FEC corridor in a later phase.
Stops within the Region and Economic Benefits
Regional Issue: Development of the HSR system should provide a reasonable number
of stops to allow the citizens of the Region an opportunity to use this service. The
number of stops is also important to provide economic benefits within the Region.
SRPP Policy 2.4.1.2: Coordinate land use planning and the provision of public facilities
to assist the private sector in building preferred forms of development and to create infill
and redevelopment opportunities; 2.$.1.1: Improve multimodal transportation
opportunities throughout the Region in order to provide better access to educational and
workplace facilities; 2.$.1.2: Provide better transportation linkages between workplace
and educational facilities; 2.$.1.3: Provide commuter and long distance passenger
service on the FEC right-of-way throughout the Region and beyond; and 2.6.2.4:
Encourage a public/private partnership to build the necessary infrastructure that will
support expansion of clean industries, and will attract higher income industries to the
area.
Maglev Consortium proposes to have two station stops in the Treasure Coast Region
located in West Palm Beach and Port St. Lucie. This provides revitalization and
redevelopment opportunities for properties located in the vicinity of the proposed
stations. Mixed use development, including retail, office and residential development
located near the station could increase real estate values in the area. In addition it could
stimulate other community redevelopment and encourage business investments and other
economic oppommities. Having two high speed rail stations designated for location in
the Region will provide residents and visitors to the Region better access to high speed
rail. Its linkage to the airport, TH-Rail and other modes of transportation will likely
increase tourism activities in the Treasure Coast. The proposal to place one stop in the
northern part of the Region (St. Lucie County), and one stop in the southern part of the
Region (West Palm Beach), would provide reasonable access to the HSR in the Treasure
Coast Region.
6
Florida Magplane, Inc. proposes 10 station stops in the Treasure Coast Region. If
developed as proposed, the Treasure Coast Region would have almost one-third of the
total proposed stations planned for the entire route between Miami, Orlando, and Tampa.
Each station could provide multiple real estate and economic business opportunities. The
Florida Magplane indicates sensitivity to each community's special architecture and other
variables. The proposal would encourage more tourism activity in the Treasure Coast
Region since it has the potential to tie in the Region's airports, ports, parks, cities and
other systems. Its versatility, availability and 24-hour accessibility makes it convenient
and applicable to a wider market than the other systems, which are limited to only a few
stops along the entire route. The Florida Magplane proposal would attract a broader
market of long distance as well as short distance business, pleasure, and commuter
services. However, a concern about having too many stops in the Region is that this
system would compete with Tri-Rail and limit the potential for expansion of local
commuter rail service to coastal communities.
The Florida Overland Express proposal includes one station stop in the Treasure Coast
Region located in West Palm Beach. Revitalization and redevelopment opportunities for
properties located in the vicinity of the proposed station are possible. Mixed-use
development, including retail, office and residential development located near the station
could increase real estate values in the area. This redevelopment activity could stimulate
other community redevelopment and encourage business investments and some economic
oppommities in the area. A HSR station located in the Region linking the airport, Tfi-
Rail and other modes of transportation has the potential to increase tourism activities in
the Treasure Coast Region. The populations in the northern part of the Region would not
be well served by the proposal to have only one HSR station located in West Palm Beach.
The Italferr proposal does not provide information on a specific route or stops within the
Region. The application suggests doing a service survey fn'st to get a better
understanding of the type of service, ridership and technology that will be needed and
supported by the ridership. The proposal suggests utilizing existing rail lines until a better
understanding of needs and services are determined. It also recommends having built-in
flexibility for developing the system to adapt to changes that may occur through time.
No definite travel route is delineated by the proposal.
Rail Florida proposes to have two station stops in the Treasure Coast Region located in
West Palm Beach and Boca Raton (the application indicates that expansion into St. Lucie
County is possible, but no details are provided). This would provide revitalization and
redevelopment oppommities for properties located in the vicinity of the proposed
stations. Mixed-use development, including retail, office and residential development
located near the station, could increase real estate values in the area. In addition, it would
stimulate other community redevelopment and encourage business investments and other
economic oppommities. Linkage to the airport, Tri-Rail and other modes of
transportation would likely increase tourism activities in the Treasure Coast Region. The
Rail Florida proposal would provide good service to populations in the southern part of
the Region, but the northern populations in the Region would not be well served.
Interference with Existing Traffic Patterns
Regional Issue: The presence of at-grade road crossings could increase delays for
vehicles traveling on regional roadways, thereby increasing the use of fossil fuels and the
level of air pollution.
SRPP Strategy 13.1.1: Encourage patterns of development and programs which
minimize dependency on the automobile, encourage and accommodate public transit, and
reduce vehicle miles traveled and the amount of vehicle emission discharged into the
atmosphere; and Policy 13. L1.2: Design effcient intersections and traffic light
sequences which minimize idle time for automobiles.
An increase in rail traffic through at-grade road crossings has the potential to cause delays
for vehicles traveling on regional roads. Such delays will cause more fossil fuel to be
burned and will increase air pollution. In order to enhance energy conservation,
minimi:,e air pollution, and increase the quality of life in the Region, the use of total
grade separation for crossings is preferable. Florida Maglev, Florida Magplane, and
Florida Overland Express propose the use of elevated tracks and/or bridges to achieve
grade separation. The Italferr and Rail Florida proposals rely on existing railways, and
therefore include some m-grade crossings.
Environmental Impacts
Regional Issue: The creation of a new fight-of-way for the HSR system increases the
potential for impacts to natural systems and may be disruptive to existing land uses.
SRPP Policy 5.1.1.7: Support redevelopment, infill and preferred forms and patterns of
development to avoid impacting natural communities and ecosystems.
All of the applicants with the exception of the Florida Overland Express propose to
construct or operate their HSR system within existing highway or mil rights-of-way. The
use of existing rights-of-way is desirable because the need to clear native upland
communities and fill wetland systems will be minimized. The use of elevated tracks as
proposed by Florida Maglev and Florida Magplane has the added benefit of not
interfering with the recreational function of greenways or the movement of animals
through wildlife corridors. The use of elevated tracks through existing rights-of-way also
decreases the chances of disrupting existing drainage patterns. The creation of a new
right-of-way has the greatest potential for being disruptive-to existing land uses along the
route.
Other Issues of Concern
Financing and Adequacy of Funding
The applications do not provide information necessary to determine if the HSR systems
will be financed properly or if the proposed level of funding from the State will be
adequate in future years. A major concern is that the HSR system will be underfunded,
and the State will consider taking money away from other programs to keep the HSR
project going. Of particular concern in this Region is that State funds that are necessary
to maintain and expand the Tri-Rail system and fund other infrastructure projects will be
diverted to the HSR system. Council recommends that the State maintain full funding to
the Tri-Rail system in order to ensure its viability and allow expansion of this local
commuter service to the north.
Maintaining a Comprehensive Passenger Rail System
In addition to the HSR, there is a need to invest in more conventional mil transit
approaches that would serve existing coastal communities and expand economic
development oppommities within the Region. This approach would favor a combination
of a less expensive effort to expand and improve the function of light mil and commuter
systems such as Tri-Rail, complemented by a HSR system. At the same time, effort must
also include redevelopment and revitalization of our existing urban areas to encourage the
existing population to remain in the Region and to make the Region more attractive to
future populations. The HSR system should be linked to Tri-Rall by collocating their
stations in West Palm Beach and by developing convenient public transportation linkages
between coastal cities and towns, other Th-Rail stops, and HSR stations.
Linking Other Modes of Travel (Multimodalism)
Regardless of how the State decides to spend its rail transit dollars, providing linkages
between rail systems and other modes of travel is important to the success of these
systems. Notwithstanding comfort, safety and cost, rail system ridership and profitability
will directly depend on how convenient the train is and how convenient it is to get around
after the train ride compared to the private automobile. Close attention needs to be paid
to how people will get from place to place locally after departing the train. Council
recommends that the funding of mil transit in the Region include a fully funded local
public transportation system which complements and supports the rail system.
Technological Feasibility "
The design, engineering, construction, and operation of HSR systems similar to the
Florida Overland Express, ltalferr, and Rail Florida HSR systems have been tested in
other parts of the world. The Florida Maglev and Florida Magplane proposals rely on
magnetic levitation technology, which has not been used in any passenger-carrying HSR
systems developed anywhere in the world. The Florida Maglev technology is currently
being tested on a full-scale test track in Edgewater, Florida. The Magplane system has
been tested only in computer simulations and as an operational subscale system in the
1970s. The selection of magnetic levitation technology carries more of a risk that it will
require additional research and development. This may cause project costs to exceed
predictions and create delays in the construction of an operational system. The financial
success of the HSR system could be jeopardized and operation of the system could be
delayed if unforeseen technological problems create the need for additional research and
development.
Cost of the Stations
The Maglev proposal assumes that stations will be financed by the respective local
governments. If one or more required stations cannot be financed by local governments,
Florida Maglev proposes to build basic stations at minimal cost with independent
financing. Council recommends that Florida Maglev coordinate with local governments
concerning the location and financing of stations.
Noise and Aesthetics of an Elevated Railway
Local governments have expressed concerns about the noise and the attractiveness of the
HSR system. These concerns are especially important if the HSR system is elevated in
urban areas. Council recommends that these issues be addressed during the certification
process.
Proposed Right-of-way
The text of the Maglev proposal states that its route will follow 1-95, but the map shows
that it will follow the Florida Turnpike. Discussions with representatives l~om Florida
Maglev indicate that the less detailed map in the Executive Summary incorrectly depicts
the route.
1. The Treasure Coast Regional Planning Council supports the State's efforts to
develop a HSR system as one component of an integrated transportation system.
However, Council has serious concerns about the ability of the applicants to secure
the necessary financing, and the adequacy of the level of funding by the State. The
State should ensure that these concerns are adequately addressed prior to awarding
the franchise. "
2. In addition to the HSR, there is a need to invest in a more conventional rail transit
system that would serve existing coastal communities in the Region. The State
should maintain historical levels of funding and support expansion of the Tri-Rail
system. The HSR system should be designed to complement the Tri-Rail system.
10
Station stops for the Tri-Rail should be designed to link coastal communities
between more widely-spaced HSR stations.
3. The State needs to address how transportation demands of rail riders will be met
after they get off the train. A rail system by itself, commuter or otherwise, will not
function effectively unless convenient and cost-competitive linkages are established
between rail systems and other modes of public transportation. Funds necessary for
public transportation to support the rail effort should be considered as part of the
overall cost of providing competitive public rail service in the State.
4. Based on the information provided in the applications, and assuming that other
issues concerning financing, technological feasibility, etc. are resolvable, the Florida
Maglev and Florida Magplane applications appear to be the most desirable in terms
of addressing regional issues. These are the only proposals that have all of the
following features: 1) the rail corridors extend through the entire Region and nm
through or near the most densely populated communities, 2) the tracks do not utilize
at-grade crossings, and 3) the rail corridors utilize existing rights-of-way. The
proposed routes would allow service to be provided to the most highly populated
urban centers. The use of grade separation for road crossings would minimize
interference with vehicles on the regional roadway network, and would be beneficial
for efforts to conserve energy and minimize air pollution. The use of existing rights-
of-way would minimize impacts to the environment and existing land uses.
Recommendation
Council should authorize transmittal of the comments to the Florida Deparunent of
Transportation.
Attachments
11
1.2
E~IT 2
PROPOSED HIGH-SPEED RAIL CORRIDORS
FLORDA MAGLEV
FLORIDA MAGPLANE
FLORIDA OVERLAND EXPRESS
RAIL FLORIDA
CITY OF PALM BEACH GARDENS
10~--~30 N. MILITARY TRAIL · PALM BCH GARDEI~, I:I.O~IDA ~410-4~J8
December 4, 1995
.~.=, ~.
T~ ~m ~gio~
DEC - 6 1995
322~ S.W. M~ Do~ Blvd.
S~te 205
P~ Ciw, Flofi~ 34990 P~NtiI~G COUa~L
~: Comme~ o~
De~ ~. B~ha:
The City of Palm Beach Gardens has several concerns involving the Florida High Speed
Transportation System proposal and the five applications on file at the Treasure Coast Regional
Planning Council's office.
Four of the five applicants propose high speed transportation routes through the City's municipal
boundaries. (The fifth applicant, Italferr, does not propose a specific route.) These four proposed
routes will impact, in varying degrees, life within the City. Below are the City's concerns which
also relate to the proposals of all five of the applicants:
1. The City has concerns about the noise and vibrations generated by the proposed high
speed vehicles. This is of a particular concern as the proposed Florida Maglev, Rail
Florida and Florida Magplane routes traverse through or by established neighborhoods in
the City. The Florida Overland Express route is proposed to la"averse through future
residential areas of the City. The City questions the validity of each of the applicants'
statements that there will not be any adverse effects from noise and vibration from the
proposed transpo~tion system. No noise abatement facilities are identified in any of the
applications. Noise abatement facilities should be identified.
2. The City questions whether the Rail Florida and the Florida Overland Express proposals
will allow for future grade crossings. Both applicants propose using the CSX/Beeline
Highway corridor as a portion of its route. This corridor is surrounded by undeveloped
land within the City. There may be a need for future roadways and associated grade
crossings to serve the future transportation needs of this area. The Florida Overland
Express application specifically states that there will be no grade crossings as the system
15
will nm over or under any traffic intersections. This may not allow any future grade
crossing to serve this undeveloped area.
3. Palm Beach Gardens should be considered as a future station site for the Florida High
Speed Transportation System. The City is the future employment, medical, recreation
and commercial center of the growing north Palm Beach County area. The City is also in
close proximity to the North County Aviation Facility, the Port of Palm Beach and the
Veteran's Hospital.
4. The City objects to the proposed wute of the Florida Overland Express. A portion of the
route would traverse through environmentally-sensitive lallds, which is slated for
purchase for preservation by Palm B~ach County.
Please consider and include these comments during the discussion of this issue during the
December 15, 1995 Treasure Coast Regional Planning Council meeting. Thank you for your
consideration.
Sincerely,
Richard Walton, AICP
Planning and Zoning Director
cc: Bobbie Herakovich, City Manager
Kim Glas, AICP, Principal Planner
Many Minor, Planner
Carl Flick, Senior Planner, Palm Beach County
16
J~ua~ 5, 1996
Plier
Suite 205
P.lm City FL 34990
RE: High Speed Rail Report
Dear Peter:
Thank you for taking the time to meet azd discuss some of the
commenus, as well as possible misconceptions raised at the last
TCKPC meeting. In follow up, I would wish to recap our discussion,
which reflects nothing more =hah a review of the information
covered in the =o~al proposal.
First - concern was raised ~ha~ the system will transition ~rom 95
to the Florida Turnpike through the City of Palm City. Although,
the less ~e=ailed map in the "Executive 8uo~ary" incorrectly
depicts chis rouDe, the detailed mapping shows the correct route to
follow Interstate 95.
Second - statements were made regarding =he stations to be provided
by the municipalities, as was pointed out in our meeting for the
system to be most e~fective, integration with local and regional
transportacion systems is important, therefor it would be desirous
=hat =he stations ~e shared by those transportation agencies, thus
the su~estion of being "provided by" the local municipalities.
Further, explanation was given in =he executive sua~ary as well as
the implementation description in chapter III, t~ac in the even~
stations were not provided, FLMC would provide the station,
utilizing resources separate from the implementation of the
proposal (in fact, we had previously prc~)osed revenue sharing
pro,ram and the expansion of stations through shared exlmense with
Tri-Rail) . .
17
I IIIIIIIIII
U c ~ nolo g y I r~C ,
Third - ~he suggestion has been made =ha= "=he technology is not
available". The c~ents o~ the system proposed have been =es~ed
and many are already used in o~her applications, our proposal
offers signi~icant detail in Chap=er III. ~Or an integrated sys~e~
demons=racOon (wb&ch w~ll be pursued ~e~a~l~ess o! the Florida High
Speed Rail System). The reality is =hat =he
franchise/certification process will no= provide for anyone's
BySte~ =O be deployed witAin 18-24 ~onchs, our integra=ed system
demonstration ~i=s well within
sources other than =he High Speed Kal1 Program.
~£ I may be o~ further assist_a~ce to you, please con,&c= me!
~H. Bri~C ~chia~y
~neral ~ger /
~B: ls~
cc: C~ssi~er Carol
C~ssioner Jeff Keens
Co~ssioner ~rlene Hoag
Co~dssioner Kevin H~nderson
C~ssi~er ~y Green
Co..,=ssioner Ga~ D. ~arles
Sharon:
We've received a request from Anne Gannon (407/687-2966) to have
a company by the name of Rail Florida make a presentation at the
2/20 meeting regarding the High Speed Rail (HSR) transportation
system. I referred the request to Mr. Harden. He advises that
Rail Florida is one of five companies which made application for
the HSR. He doesn't have a problem with Rail Florida making a
presentation, but feels we should extend the same opportunity to
the other companies if they ar.~ interested or inclined to do
Attached is information from Planning about the five firms. The
four besides Rail Florida should be contacted to see if they,
too, would like to make a presentation on February 20th. They
should be put on notice that presentations will be limited to ~Q
more than 10 minu~es.
Rail Florida gave no particular reason for why they want to make
the presentation. We are simply extending the same opportunity
to the other applicants as a courtesy.
Let me know as soon as we know which of the firms, if any other
than Rail Florida, are interested. We also need to get back to
Anne Gannon at the phone # above confirming for the 20th and to
let her know if any of the other firms will also be presenting.
[lTV DF I]ELRR¥ BER[H
CITY ATTORNEY S OFFICE' ~'
DELRAY BEACH
AIl.A~rica Ci~ ~MO~D~
February 13, 1996
1993
TO: CiW Co~ssion
FROM: David N. Tolces, Assistant Ci~ A~om~
SUBJECT: Donation Agreement - IBM Technical Gifts Program
This item is on your agenda order for the City Commission to formally accept IBM's
donation of the twelve personal computers for the .City's After-School Program. The
acceptance of the computers will enable the City's After-School Program to assist the
children in learning how to use computers and assist the after school participants in their
homework.
Acceptance of the computers and the approval of the Donation Agreement is
recommended. Please call if you have any questions.
comdonor.dnt
£1TY aF ELFII Y BEI:I£H
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-An,ericaCity
1993
TO: David Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Donation of Computers
DATE: February 13, 1996
This memorandum is to advise you of a recent donation that the Parks and
Recreation Department received from IBM. Carolyn Parker-Ware, After
School Coordinator, contacted Mr. Norman Ostrowski of IBM in November
requesting a donation of surplus computers for use in our After School
program. She received notification that IBM has approved the donation
of 12 computers. The estimated value of this donation is $5,000. David
Tolces is submitting the agenda request for City Commission's
consideration February 20, 1996.
The computers will be installed at the Delray Beach Full Service Center
and will be utilized by all the children in the After School Program.
~D~ctor of Parks and Recreation
/
cc.~avid Tolces, Assistant City Attorney
Joe Dragon, Assistant Director of Parks and Recreation
Pamela Post, Recreation Superintendent
Carolyn Parker-Ware, Recreation Supervisor II
Ref:requeslt
i~l~.n,.~,o~p~.r THE EFFORT ALWAYS MATTERS
FEB 5 '96 06:39 ~OM IBM BOCR 02~ ENU/HLTH TO 924]]?74 PRGE.001/005
01/05/96
Dear City of Delra¥ Beach
Att: Carolyn Parker-Ware
Your request for computers has been approved.
Please sign the attached forms in the areas designated.
Once the forms are filled out please send to N.A. Ostrowski at the
following address.
N.A. Ostrowski, IBM Corporation
1000 N.W. 51st St. Zip 1001
Boca Raton, FL 33432
Fax: (407-443-0003)
Once the forms are returned and all paper work is complete we will
contact you, to setup a pick-up date for this equipment.
If you have any questions please contact Tim Eubank at ext. 407-982-1633
Sincerely, ~~~j~~
Tim Eubank
· F:EB 5 ' 96 06: 39 FROI'I I BM BOCA B23 EblU/HLTH TO 924~?74 PAGE. FJl32,/1305
I BM CORPORAT I ON
CONTRIBUTION CERTIFICATION FORM
Thi~ form mus.t be completed by th~ Exeoutiv,: ~, Pr~aid~at, or Chief Financial Officer of the Recipient
CBRllFICATION SBCTION:
I do hereby certify that the Recipi~-nt Orgauiza~n ..a_ ~m~ bolow is currently described in 170 (c) of the Internal
Revenue Code and has NOT recked notice fi'om tho Internal R~venue S~vico that it will b~ dolexocl from such status.
to be roc~ved from mM Corporation (le.~ $__ [insert value of any meals or tickets] reomv~ by the IBM
Corporation from the recipient organization shown below) shall NOT be used to:
° influence the outcome of any specific public election;
° carry on, directly or indirectly, any vot~ regislration drive within the meaning of Section 4945(dX1) and
4945(dX2) of the Internal Revenue Code;
o make any political expenditure within &e me~ing of S~dou 4955 of the Internal Revenue Code; or
o undeltake aay activity for any purpose other than the one specified in Section 170(cX2)(B)of thc into'hal
Revenue Code.
I further c~i~ that the I~M Corporation has NOT designaled its grant for.
° any specific individual for travel, study, or other similar purposes by such individual, urdess such grant satisfies
the requirements of Section 4945(g) of the Internal Revenue Code:
o any organization other than the one which is described in S~cfious 509(aX1), 509(aX2), or 509(a)(3) or
e~empt operating foundation defined in 4940(d)(2) of the l~temat Revenue Code.
~ of Recipient Organization Federal Employee Number (EIN)
Si~alm'~ of C~g Individual Date
N~a~ and Title of C~dOing Individaal
POPULA~ON SF_,RVF. D SECTION: Cat~or~ Pcrc.~tag .eS.
Please e~tim,tc, if available, for imernal use only: White/Caucasian -
BlacWAfricau-American
/~ Hispanic
Total Nxtmber of Individuals Annually Served Native American "__
(Using this manber, please estimate the "%" Other
served annually in th~ categories listed.) Total 100%
MAIL COMPLETED FORM TO: N.A. Oatrowsld, IBM Corporation, FAX: (407) g,~34003
t000 N.W. 51st St., Internal Zi~ 1001
FEB 5 '96 06:41' FROM IBM BOCA 023 ENV/HLTH TO 92433??4 PAGE.005/005
- DONATION AGREEMEN'['
1000 N. W. 5 l~t S~t
Bo~ ~mn, FL 33431 ~DD~S:
~ a~ m dona~ ~d don~ a~ ~ ~t ~e ~m~t ~d ~M m~e l~t~ ~Bw AS IS ~out ~y
~~mfio~ or w~E~ ~ ~ {mpli~ ~ m ~ fim~, for a p~ p~sq q~,
~de no smt~enB or r~r~mm~ ~i~mt ~ a donation of~c ~pmmt on ~ ~ ~ b~:s.
hold ~ h~s agm~ ~y s~ ~ ofa~on, ~g~, or d~ of~ug~ or o~ mlicf by or on behat
· ~d pe~ns or agcnm or employ~ of~edon~ ~s~g out of or in ~nn~on ~ don~.~ss~sion O.f ~id
~uipmenu ..
Donee ~nfi~ ~at fl:ere ~e no c~ent plus to sell dona~ ~uipment or ~M ~v~e, orto le~ it to a ~kd
For ~M: For Donee:
~ Z~~ ~($~GX'ATUIU~) (DATE)
(SrGNATU~) (DAq~) . .
EQUI:PiM:ENTA".B,~i SOFTWARE TO BE DONATED O"YPE(S)./SEPd:AL($)):
SEf,.I. AL:: -~' I)t,S(... SERIAL # I)ESC. .. EP, I:\~, .'-: t)ESC.
(Additional equipment listing space on next sheet)
Receipt of the above assets ks hereby acknowledged.
~rO,WATU:~.B) (r>A'rE)
FEB 5 '96 06:40 FROM IBM BOCA 02J ENV/HLTH TO 92433774 PAGE.003/00.
DONATION CITY OF DELRAY BEACH. 12/13/95
p / N s/N QT¥
4201001 2064812 1
4201001 2211433 1
2 4201001
8512001 1424620 1
1 8512001
8513001 0306758
8513001 23DCA07
8513001 23LG691
8513001 23RA864
4 8513001
8570A16 6000172 i
1 8570A16
8570E61 7069983 1
8570E61 7075755 1
2 8570E61
8580071 7027909 1
8580071 7142753 1
2 8580071
12
MEMORANDIIM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERial/
SUBJECT: AGENDA ITEM # ~ - MEETING OF FEBRUkRY 20, 1996
UNDERGROUND CONDUIT INSTALLATION AGREEMENT WITH FLORIDA
POWER & LIGHT/MORIKAMI WELLFIELD PROJECT
DATE: FEBRUARY 16, 1996
This is before the Commission to approve an Underground Conduit
Installation Agreement with Florida Power & Light for the
Morikami Park Wellfield project, and authorize payment in the
amount of $9,088 to FP&L for underground conduits and service.
This agreement will allow the required electric service for new
wells currently under construction at Morikami Park to be
installed underground, thereby minimizing the intrusive nature of
City facilities within the County Park.
Recommend approval of the installation agreement with Florida
Power and Light in the amount of $9,088 from the Water and Sewer
Bond - Construction Fund (Account No. 440-5179-536-63.61).
Agenda Item No. ~2~
AGENDA REQUEST
Date: 02/16/96
XX Regular Agenda
Special Agenda
__ Workshop Agenda When: 02/20/96
Description of item (who, what, where, how much): Staff requests Commission
approve an Underground Conduit Installation Agreement with Florida Power & Light Company for the
Morikami Park Wellfield Project, and authorize payment in the amount of $9,088.00 to FPL for the
underground conduits and service.
ORDINANCE/RESOLUTION REQUIRED: YES NO ATTACHED YES NO
Recommendation: Staff recommends approval of an Underground Conduit Installation
Agreement with Florida Power & Light Co., and authorize payment in the amount of $9,088.00 for said
installation at the Morikami Wellfield Project.
DEPARTMENT HEAD SIGNATURE: ,~~~.~,~ z/~/~,
Determination of Consistency with Comprehensive Plan:
ComprehensivePlan:
City Attorney Review/Recommendation (if Applicable).
Budget Director Review (require~ all item_s in~y~vin~g expenditure of funds):
Funding available E~O
Funding alternatives ...... (if agplicable)
Account No. & Description:~
Account Bal~ce:
City Manager Review:
Approved for agenda: ~O
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved~isapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM; Richard C. Hasko, P.E., Deputy Director ofPU ~
SUBJECT: MORIKAMI WELLFIELD PROJECT
PN 94-01.2
DATE: February 16, 1996
Attached is an Agenda Request for City Commission approval of an Underground Conduit
Installation Agreement with Florida Power & Light Co., and an invoice in the amount of
$9,088.00 for the cost associated with the conduit and service. This agreement will allow
the required electric service for the City's new wells currently under construction at
Morikami Park to be installed underground thereby minimizing the intrusive nature of city
facilities within the County Park.
The original Agreements will be delivered to the City Clerk for execution following
Commission action.
Funding for this work is from the 1993 Water/Sewer Bond - Construction Fund Account
#440-5179-536-63.61.
RCH: jem
Jose' Aguila
94-01.2 (A)
February 5, 1996
City of Delray Beach
434 S. Swinton Ave.
Del~ay Beach FI. 33444
Attention Jose Aguila
RE: MORIKAMI PARK WELLFIELDS
Dear Mr. Aguila
Please find enclosed the Conduit Installation Agreement and the
Bill for the above mentioned project. Execute both copies of the
agreement and return, along with a check in the amount of
$9088.00, to
Florida Power & Light Company
14159 State Road 7
Delray Beach Fl. 33446
If you have any questions, or if I can be of further assistance,
please call me at 495-7652.
Sincerely,
Rick Labosco
Distribution Designer
an FPL Group compmw
o~z.I- 7-
FPL Work Order No. ~C,,~'q- 7-'-/.s-q
Project Name ~otr-~-i ~/I ~ i
UNDERGROUND CONDUIT INSTALLATION AGREEMENT
This Agreement, made this day of , 19 __ by and between
Q I~/ O~' ~/--/~-fl Y ~ff-t~C-/~ (hereinafter called the Customer) and
Florida Power and Light Company, a corporation organized and existing under the laws of the State of Florida
(hereinafter called FPL).
WHEREAS; the Customer has requested the pre-approval of the location and installation of underground distribution
facilities to be located in a described FPL easement provided by the Customer.
WITNESSETH
That, for and in consideration of the covenants and agreements herein set forth, the parties hereto covenant and agree
as follows:
1. The customer shall:
a) install conduit, cable markers and associated materials provided by FPL in accordance with the
insa'uctions and specifications attached to this Agreement,
b) be solely resI~nsible for the installation of conduit at the correct location and the correct depth
pursuant to the FPL construction drawing and specifications,
c) provide reasonable notification of the conduit installation dates,
d) at the discretion of FPL, either correct any discrepancies, within two (2) working days, found in
the installation that are inconsistent with the instructions and specifications attached to this
agreement or pay the associated cost to correct the installation within thirty (30) days of receiving
the associated bill,
e) provide survey points for FPL to stake the cable route,
f) notify FPL when the conduit installation is complete,
g) provide "as built" prints within two (2) weeks of final installation,
h) provide for pick-up of materials,
i) assume liability for materials lost, stolen or damaged once the customer receives material.
Form 804-C
2. FPL shall:
a) provide written instructions and specifications for the installation of FPL provided conduit,
b) provide required material to the Customer for the installation of underground facilities within the
specified cable route,
c) provide staking for the Customer along the specified cable route,
d) apply a credit in the amount of $ '7/~ ! ~ , in the event that the customer has made or has
agreed to make a Contribution in Aid of Construction for the underground distribution facilities
associated with this Agreement. If no contribution is to be required of the customer for the
associated underground facilities, no credit is to be given. In no event shall the credit exceed the
customer's cona'ibufion,
e) assume no liability for matefiah lost, stolen or damaged once received by the customer,
f) furnish any additional material at the current cost plus applicable loading and delivery charges,
g) assume no liability for delays caused by material delivery deficiency, including insufficient, lost,
stolen or damaged material,
h) assume no liability for delays because of misunderstanding of installation drawings or
specifications,
i) assume no liability for delays or additional cost caused by an inadequacy of the conduit system
installation,
j) assume no liability for special incidental or consequential damages of any nature.
3. This agreement is subject to FPL's General Rules and Tariff and the Rules of the Florida Public Service
Commission.
4. Customer agrees t/0 r~otect' defend, indemnify and hold FPL, its officers, directors, employees, and agents
.~ (FPL Entities).h~e and unharmed from and against any and all claims, liabilities, loss, costs, or damages
,,c/~'~/~?2-' whatsoever/~lated to any claim made by tenants, invites, licensees, quests, any other or third parties,
~ /r~/ includi/ng'~ourt costs and auorney's fees, Whether or not due to or caused in whole or part by the negligence
of~ Entities, resulting from or in connection with the performance of this Agreement by either party
hero.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed to be effective as of
the day and year written above.
Accepted: Accepted:
for FPL (date) for Customer (date)
Witness (date) Witness (date)
Witness (date) Witness (date)
REM'IT TO: FLORIDA POWER & LIGHT
ARMS PROCESSING (PPC/GO)
GENERAL MAIL FACILITY
MIAMI FL 33188-0001
CUSTOMER ID---> 62607
INVOICE NO .... > 133499
CITY OF DELRAY BEACH
ATTN: JOSE AGUILA INVOICE DATE--> 02/09/96
434 S SWINTON AVE
DELRAY BEACH FL 33444 PAST DUE AFTER 03/10/96
AMOUNT DUE--> 9,088.00
PLEASE DETACH AND MAIL THIS PORTION WITH YOUR PAYMENT
FLORIDA POWER & LIGHT COMPANY INVOICE
CUSTOMER ID---> 62607
CITY OF DELRAY BEACH INVOICE NO .... > 133499
434 S SWINTON AVE INVOICE DATE--> 02/09/96
DELRAY BEACH FL 33444 PAST DUE AFTER 03/10/96
AMOUNT DUE--> 9,088.00
CURRENT CHARGES AND CREDITS
COST FOR UNDERGROUND SERVICE/MORIKAMI
PARK WELLFIELDS
DESCRIPTION REFERENCE NBR AMOUNT
CUST CONTRIB - WO (NEW CNST) 454-07-0521 Y 9,088.00
MORIKAMI PARK WELLFIELDS
TOTAL AMOUNT DUE $9,088.00
FOR INQUIRIES CALL: RICK LABOSCO AT 407-495-7652
CITY OF [IELRIIY BEIIgH
CITY ATTORNEY'S OFFICE ~[~,~.~~'~ ~'" ~ ~,~?~.~?.~~¥~' ~"^¥ ~" "~'~ ~
W~ter's Direct Line: (~7) 243-7~I
AIl.lmrica City ~MO~~
' ll J Febmau 12, 1996
1993
TO: Ci~ Co~ssion
FROM: Susan A. Ruby, City Attorney
SUBJECT: Agreement to Amend Bylaws of Block 60 Parking Condominium
Association
The Block 60 Parking Association Bylaws were approved by the City Commission as
documents incorporated into the Contract for Sale and Purchase of the Monteray House.
The attached document amends the bylaws. The amendment changes the fiscal year
from a calendar year to a fiscal year commencing October 1st and ending September
30th. The amendment also provides for a review of accounts made annually by an
accountant to be selected by the Board of Directors and provides that the report shall be
submitted no later than four months after the end of the year for which the report is
made. The previous bylaws required an audit.
By copy of this memorandum to David Harden, City Manager, our office requests this
matter be placed on the February 20, 1996 consent agenda for approval.
Attachment
cc: David Harden, City Manager
Alison McGregor Harty, City Clerk
*. sar
Pr/nted on Recycled
A~P~EMENT TO AMEND BXLAWS
OF
BLOCK 60 PAI~KING CONDOMINIUM A~SO~IATION, INC.
THIS AGREEMENT TO AMEND BYLAWS is made and entered into this 3C~ day of
~z~$~_c~ , 199~ , by and between the UNIT OWNERS of Block 60 Parking
Condominium Association, Inc., and BLOCK 60 PARKING CONDOMINIUM ASSOCIATION, INC.
WI TNE S SETH:
WHEP~J%S, the parties have entered into the Bylaws on September 7, 1995; and
WHEREAS, the parties are desirous of amending certain provisions in said
Bylaws.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained the parties hereby agree as follows:
1. The Bylaws shall be amended as follows:
Article I, Section (b) shall be a~ended to read as follows:
"(b) The fiscal year of the Corporation shall be October I through
September 30."
Article%-/, Se~tion (d) shall be amended to read es follows:
"(d) A review of the accounts of the Corporation shall be made
annually by an accountant to be selected by the Board of Directors,
and a copy of the report shall be furnished to each member not later
than four months after the end of the year for which the report is
made."
IN WITNESS WHEREOF, the parties have heretofore entered into this Amendment
on the day and year first above written.
DELRAY BEACH COMMUNITY REDEVELOPMENT
By: f "
;/ Kevi~..E~;n, Chairman
CITY OF DELRAY BEACH
. '~h~as Lynch, Mayor
Attest:
City Clerk/
O o,. OpOMI.,UN
~e~£n Egan .,.~' ~
:'>-,/x :'!,," A
Christopher J. Brown
David Harden
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ 1
SUBJECT: AGENDA ITEM ~ ~'~/'- MEETING OF FEBRUARY 20. 1996
RESOLUTION NO. 16-96/INTERNATIONAL BACCALAUREATE MIDDLE
SCHOOL YEARS PROGRAM AT CARVER MIDDLE SCHOOL
DATE: FEBRUARY 16, 1996
This is before the Commission to adopt a resolution in support of a
plan to institute the International Baccalaureate Middle School
Years program at Carver Middle School to serve as a feeder school
for the program at Atlantic High School. The goal would be to
establish the program beginning with fiscal year 1997.
For the reasons outlined in the resolution and accompanying letter
from the Mayor, I recommend approval of Resolution No. 16-96.
ref:agmemo6
RESOLUTION NO. 16-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING THE APPLICATION FOR
AND INSTITUTION OF AN INTERNATIONAL BACCALAUREATE
MIDDLE SCHOOL YEARS PROGRAM AT CARVER MIDDLE SCHOOL,
AND REQUESTING THE SCHOOL BOARD OF PALM BEACH COUNTY
TO APPROVE THIS PROGRAM FOR FISCAL YEAR 1997;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 21, 1995, the School Board of Palm
Beach County identified Carver Middle School as a site for the
International Baccalaureate Middle School Years Program to serve as a
feeder school for the program at Atlantic High School; and
WHEREAS, the administration at Carver Middle School is
desirous of instituting this program and is submitting an application
for same; and
WHEREAS, two International Baccalaureate Middle School Years
Programs exist at John F. Kennedy and Roosevelt Middle Schools, but no
such program has been established in South County; and
WHEREAS, Carver Middle School has established a good working
relationship with Atlantic High School's International Baccalaureate
Program; and
WHEREAS, Carver Middle School has a successful business
partnership with local companies and local government; and
WHEREAS, Carver Middle School is uniquely positioned
geographically for the program to enable greater educational equity
and opportunity; and
WHEREAS, elements required for the program are already in
place at Carver Middle School (i.e. teachers who meet program
requirements, high tech equipment and programs).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ctioD 1~ That the City Commission of the City of Delray
Beach hereby supports the application and plan for an International
Baccalaureate Middle School Years Program at Carver Middle School, and
requests the School Board of Palm Beach County to approve this program
for fiscal year 1997.
Section 2. That this resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 20th day
of February, !996.
ATTEST:
- ~City ~l~rk t
- 2 - Res. No. 16-96
DELRAY BEACH
~ ~C,E ', ~',' ~: ~EI,~E , DE,..~,AY E~E,:,3. H F_,_'~.~ ",' 334/4 . /27;£zZ
~ February 21, 1996
19q~,
School Board
The School District of Palm Beach County, Florida
3340 Forest Hill Boulevard
West Palm Beach, Florida 33406
Dear Members of the School Board:
The Delray Beach City Commission recommends approval of a plan to institute the
International Baccalaureate Middle School Years program at the new Carver
Middle School in Delray Beach. The school has already established a good working
relationship with Atlantic High School's I.B. program. This benefits area students
in preparing them to enter the pro~ram. Carver has had a successful business
partnership with local companies, an important aspect of the community's support.
The school is also uniquely positioned geographically, to enable greater educational
equity and opportunity. In addition, the high tech equipment required for the
program is in place already and most of the faculty is on board that meets program
requirements.
We ask that you ~ive this plan your full consideration, as we feel that Carver
Middle School makes an excellent candidate for the International Baccalaureate
Middle School Years program. Attached is a resolution passed by the City
Commission on February 20, 1996, supporting the estabhshment of this program.
Thank you for your assistance in this matter.
Sincerely,
' ~Thomas E. Lynch Mayor
TEL:kwg
File:u:graham/ccom
Doc.:midschib.ltr
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ o- ' - MEETING OF FEBRUARY 20. 1996
RESOLUTION NO. 17-96 IN SUPPORT OF LEGISLATIVE FUNDING
FOR FLORIDA BEACH PROJECTS
DATE: FEBRUARY 14, 1996
We have received a request from the Florida Shore & Beach
Preservation Association (FSBPA) to adopt a resolution in support
of more dollars for beaches and a dedicated funding source for
their long-term preservation and repair. Competing for state
dollars is increasingly difficult, and FSBPA feels it is imperative
that local governments actively demonstrate to our legislative
delegation members the importance and priority of funding beach
erosion control activities.
The recommendations of the resolution are designed to help local
government implement beach and inlet projects by (1) insuring state
matching funds are available in a timely manner, and (2) giving
local governments "credit" in legislative funding priorities when
they "loan" federal matching money to get a project moving quickly
to cope with an emergency.
The Florida Shore & Beach Preservation Association is asking that
the resolution be adopted and sent to every member of our
legislative delegation, as well as other key legislators, prior to
March 5, 1996, which is the opening day of the 1996 legislative
session.
Recommend approval of Resolution No. 17-96 in support of
legislative funding for Florida beach projects.
ref:agmemo4
RESOLUTION NO. 17-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA¥ BEACH, FLORIDA, REQUESTING THE 1996 FLORIDA
LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE
PRESERVATION AND REPAIR OF THE STATE'S BEACHES, TO
RECOGNIZE THE NEED FOR FUNDING NON-FEDERAL PROJECTS,
AND TO IDENTIFY A LONG-TERM DEDICATED FUNDING SOURCE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida's beaches are an important part of the
quality of life in our community, providing aesthetic, environmental,
hurricane mitigation and recreational benefits for our residents and
tourists; and
WHEREAS, beaches continue to be Florida's number one tourist
attraction and are thus vital to our economic well-being, generating
over $9 billion in beach-related sales annually and contributing a
ripple effect to the Florida economy of over $16 billion; and
WHEREAS, the Delray Beach City Commission recognizes that
severe beach erosion continues to be a major problem in Florida, with
coastal development threatening this important natural resource; and
WHEREAS, federal funding for beach and inlet projects is
declining, resulting in delays in implementing needed erosion control
projects and putting more pressure on state and local sources; and
WHEREAS, since navigation inlets cause some 80% of beach
erosion in Florida, the most cost-effective way to reduce erosion is
to recapture sand from inlets and place it on the eroded downdrift
beaches; and
WHEREAS, as a matter of longstanding policy, the Legislature
has given priority to funding those beach and inlet projects which
have substantial federal matching money; and
WHEREAS, the State Legislature has historically demonstrated
a commitment to the preservation of Florida's beaches, and now must
recognize the critical environmental and economic need to maintain or
repair our beaches, with or without the financial assistance of the
federal government.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
$gction 1, That the City Commission of the City of Delray
Beach requests that the State Legislature provide adequate annual
funding to carry out a statewide comprehensive beach management
program to protect Florida's remaining pristine beaches and repair
those that are severely damaged, and consider the Department of
Environmental Protection's 1996/97 budget request of $36.8 million.
~ction 2, That the Delray Beach City Commission further
requests that since navigation inlets are the primary cause of beach
erosion in Florida, that the Legislature, in its beach management
funding strategy, give equal priority to inlet sand bypassing as it
does to traditional beach nourishment projects.
$gction 3. That the Delray Beach City Commission further
requests that in cases where the federal government has not yet
appropriated matching funds for projects, and where local governments
are willing to "loan" the federal share in order to deal quickly with
an urgent erosion problem, the Legislature, as a matter of policy,
will consider such "loans" by local governments to be the equivalent
of the federal matching share for the project.
Section 4. That the Delray Beach City Commission finally
requests that the State Legislature give serious consideration to
identification of and dedication of a fair and stable source of
long-term funding to fully implement a statewide beach management
program for preserving and restoring Florida's threatened sandy
beaches.
Section 5. That this resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 20th day
of February, 1996.
ATTEST:
City Cl~rk
- 2 - Res. No. 17-96
FLORIDA SHORE& BEACH os,
l'ollohCkqsee. I:lof~Oo 32301
P R E S E R V A T I O N A :3 S ,D ,,3 I ,z',, ] , C) N c,m) 222-?0?7 · (904) 501-1172 FAx
a league of
RECEIVED
To: FSBPA MEMBER GOVERNMENTS FE§ - § 1996
C.A,,U^N City Managers/County Administrators
· Robert Dear, CITY M-~' .nr-.~ OIrFIP, F
university of Florida ' - -
v~c~ CHA~R~A. From: Debbie Flack. Director of Governmental Relations
Bdon Flynn
Dodo Coum¥
~tc,~A,V-~RtASu,t, Date: February 1. 1996
Robed Clinger
Palm Beach County
~,t$~.~N~ Subject: Draft resolution in support of Legislative Funding for Florida
Start Ioit
~o,,o~o~oe beach projects.
DIRECTORS
Richard Davis
University at
South Florida
Bruno Fal~(enslem
st. Pet~rs~,g B~o~ We are urging your elected commission to adopt a resolution in support of
Steve Higg,n, more dollars for beaches and a dedicated funding source for their long-term
BrowOrd County
~o,~n ~o.~s preservation and repair. Competing for state dollars is increasingly
~o,~ Beoo~ co~n,~difficult. It is imperative that local governments vocally demonstrate to
~o,~ol~, ~,o~,,~ their legislative delegation members the importance and priority of funding
Porl Cor3overol
De~.~,~ Nor,o.,beach erosion control activities.
Sar, r° Rosa idaho
Aulhol~ly
~o,,~ *,~ro,o The recommendations of this resolution are designed to help local
Broo~nlon B¢och
government implement beach and inlet projects by:
Wilhom Slronoe
Florida Aliontic
University
· Insuring state matching funds are available in a thnely manner.
John Walker
Delray BeaCh
~oho~, ~o,,~er. ~.E * giving local govements "credit" in legislative funding priorities when
~x omc,o they "loan" federal matching money to get a project moving quickly to
Al Devereoux
Florida DEP cope with an emergency.
Eddie SaJern
Cor.s o, t.~i.ee,s Obviously, to be most effective this resolution should be adopted prior to
'Iota CoFnpbell
Eh, Olser, March 5.1996, the opening day of session, and transmitted to every
~on~So~O,ter member of your legislative delegation. You may also wish to send a copy
CHAIRMAN EMERIIU5
^,e~ ~en B,o~,~ to the following legislators:
Sonit:)el Island
Memorandum to City Managers/County Administrators
Page 2
· Senator Jim Scott
President of the Florida Senate
The Capitol, Rm 308 SOB
Tailahassee, Florida 32399-1100
· Senator Mario Diaz-Balart
Senate Ways & Means Committee, Chairman
The Capitol, Rm 334 SOB
Tallahassee, Florida 32399-1100
· Senator W. D. Childers
The Capitol, Rm 205 SOB
Tallahassee, Florida 32399-1100
· Representative Peter Wallace
Speaker of the House of Representatives
The Capitol, Rm 420 C
Tallahassee, FL 32399-1300
· Representative Buzz. Richie
House Appropriations Committee, Chairman
The Capitol, Rm 221 C
Tallahassee, Florida 32399-1300
· Represemative Randy Mackey
House Appropriations General Government
Subcommittee, Chairman
The Capitol, Rm 221 C
Tallahassee, Florida 32399-1300
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:CITY 1
SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 20, 1996
RESOLUTION NO. 18-96
DATE: FEBRUARY 16, 1996
This is a resolution assessing costs for abatement action
required to remove nuisances on 28 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. 18-96 assessing costs for
abating nuisances on 28 properties within the City.
RESOLUTION NO. 18-96
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,
WHEREAS, 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. 18-96
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 , 1996.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 18-96
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 3, BLOCK 47, TOWN ROBERT G. & PATRICIA ALLEN $ 51.00
OF DELl{AY, 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)
LOTS 6 & 7, BLOCK 15, LUCIUS SIMMONS $ 51.00
TOWN OF DELRAY, PB 13, 1301 KANAB AVENUE NW 70.00 (ADM. COST
P 18, PUBLIC RECORDS OF PALM BAY, FL 32907
PALM BEACH COUNTY, FL
(SW 7TH AVENUE)
LOT 4, BLOCK 23, TOWN ELEANORE S. WILSON ESTATE $ 92.00
OF DELRAY, PB 10, P 69, c/o MARK PERRY, ATTORNEY 70.00 (ADM. COST
PUBLIC RECORDS OF PALM 50 SE 4TH AVENUE
BEACH COUNTY, FL DELRAY BEACH, FL 33483
(214 SW 5TH AVENUE)
LOT 14, NICHOLS 2ND MOLLIE K. BOWLES $ 51.00
ADDITION TO DELRAY 304 SW 7TH STREET 70.00 (ADM. COST
BEACH, PB 21, P 70, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(304 SW 7TH STREET)
LOT 14 & El/2 OF ANDREA MOREIRA $ 75.93
LOT 15, BLOCK 5, 230 NE 12TH STREET 70.00 (ADM. COST
DELL PARK, PB 8, P 56, DELRAY BEACH, FL 33444
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(230 NE 12TH STREET)
El5' OF LOT 2, BLOCK 5, J. L. & MARGARET PATTERSON $ 33.00
OSCEOLA PARK, PB 3, 4517 TENELLA ROAD 70.00 (ADM. COST
P 2, PUBLIC RECORDS OF NEW BERN, NC 28562-7643
PALM BEACH COUNTY, FL
(SE 5TH STREET)
LOT 2, BLOCK A, CARVER JULIA SIMMS $ 56.00
MEMORIAL PARK SUB., 204 NW 13TH AVENUE 70.00 (ADM. COST
PB 20, P 56, PUBLIC DELRAY BEACH, FL 33444
RECORDS OF PALM BEACH
COUNTY, FL
(204 NW 13TH AVENUE)
- 4 - RES. NO. 18-96
LOT 8, BLOCK 7, PAMELA D. STEVENS $ 11.93
CHATELAINE NO. 1, 420 N. FEDERAL HWY. # 408 70.00 (ADM. COST)
PB 29, P 95, PUBLIC BOYNTON BEACH, FL 33435
RECORDS OF PALM BEACH
COUNTY, FL
(3607 CHATELAINE BLVD. )
LOT 22, BLOCK 32, TOWN J. W. & MARGARET YOUNG $ 43.00
OF DELRAY, PB 1, P 3, 317 SW 5TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(SW 4TH AVENUE)
El/8 OF W1/2 OF N1/2 KENNETH AUSTIN $ 56.00
OF LOT i/LESS N1/2, 807 14TH STREET 70.00 (ADM. COST
SUB. OF SEC. 20-46-43, WEST PALM BEACH, FL
PB 28, P 68, PUBLIC 33401-2505
RECORDS OF PALM BEACH
COUNTY, FL
(SW 6TH AVENUE)
LOT 1, BLOCK 9, FERMIN GONZALEZ $ 51.00
SOUTHRIDGE, PB 13, 1336 N. FEDERAL HWY. ~130 70.00 (A/DM. COST
P 38, PUBLIC RECORDS DELRAY BEACH, FL 33483-5920
OF PALM BEACH COUNTY, FL
(SOUTHRIDGE ROAD)
SOUTHRIDGE, LOTS 10 & JAMES F. BENNETT $ 56.00
15, BLOCK 7, PB 13, 11407 FLINT LANE 70.00 (ADM. COST
P 30, PUBLIC RECORDS BOKEELIA, FL 33922-3011
OF PALM BEACH
COUNTY, FL
(615 SOUTHRIDGE ROAD)
TOTTERSDALE ADDITION DIANNA BAR_AN & $ 48.00
S10' OF LOT 18 & LOT REINHARD BARAN H/W 70.00 (ADM. COST
18 & LOT 19, BLOCK 4, 1310 LAKE DRIVE
PUBLIC RECORDS OF DELRAY BEACH, FL 33444-3046
PALM BEACH COUNTY, FL
(1310 LAKE DRIVE)
WEST SIDE HEIGHTS, STRAGHN ENTERPRISES $ 56.00
DELRAY, LOT 4, BLOCK A, OF DELRAY BEACH, INC. 70.00 (ADH.COST)
PB 13, P 61, PUBLIC 26 SW 5TH AVENUE
RECORDS OF PALM BEACH DELRAY BEACH, FL 33444
COUNTY, FL
(NW 10TH AVENUE)
- 5 - RES. NO. 18-96
ODMANNS SUB., LOT 19, MILDRED BURROUGHS $ 64.00
BLOCK 1, PB 4, P 53, 243 BILBOA STREET 60.00 (A_DM. COST
PUBLIC RECORDS OF ROYAL PALM BEACH, FL
PALM BEACH COUNTY, FL 33411-1312
(NW 13 TH AVENUE )
TOWN OF DELRAY, S150' FRED D. MC COY & $ 64.00
OF W135.5' OF BLOCK 26, AMERIFIRST 70.00 (ADM. COST
PB 5, P 64, PUBLIC 17500 NW 68TH AVENUE # 210
RECORDS OF PALM BEACH HIALEAH, FL 33015-4044
COUNTY, FL
(415 NW 2ND STREET)
RESUB OF BLOCK 17, CHEMICAL RESIDENTIAL MTG.CORP. $ 24.00
DELRAY BEACH, LOT 9, c/o JOSEPH M. PANIELLO 70.00 (ADM. COST)
BLOCK 17, PB 21, P 90, P.O. BOX 2347
PUBLIC RECORDS OF TAMPA, FL 33601-2347
PALM BEACH COUNTY, FL
(319 NW 6TH AVENUE)
TOWN OF DELRAY, S150' H & HAZEL CLEM $ 51.00
OF E50' OF BLOCK 18, 3 SUMMER STREET 70.00 (ADM. COST
(LESS E20' R/W), PB 1, NORWALK, CT 06851-4503
P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(NW 2ND STREET)
ATLANTIC PARK GARDENS, J. D. & EARLINE MONROE $ 51.00
DELRAY, LOT 19, BLOCK 32 EARL STREET 70.00 (ADM. COST
2, PB 14, P 56, PUBLIC HA/~TFORD, CT. 06120-1714
RECORDS OF PALM BEACH
COUNTY, FL
(39 SW 13TH AVENUE)
DELL PARK, LOTS 3 & 4, RICHARD A. COURT $ 72.00
BLOCK 8, PB 8, P 56, 1012 NE 3RD AVENUE 70.00 (ADM. COST
PUBLIC RECORDS OF DELRAY BEACH, FL 33444-4025
PALM BEACH COUNTY, FL
(1012 NE 3RD AVENUE)
TOWN OF DELRAY, N69.5' DOROTHY MAGER $ 56.00
OF LOT 9, BLOCK 78, c/o GARTH MAGER 70.00 (ADM. COST
PB 1, P 3, PUBLIC 1704 HIGH RIDGE ROAD
RECORDS OF PALM BEACH LAKE WORTH, FL 33461-2347
COUNTY, FL
(319 NW 2ND AVENUE)
RESUB OF BLOCK 17, CHEMICAL RESIDENTIAL MTG.CORP. $ 48.00
DELRAY BEACH, LOT 9, c/o JOSEPH M. PANIELLO 70.00 (ADM. COST
BLOCK 17, PB 21, P 90, P.O. BOX 2347
PUBLIC RECORDS OF TAMPA, FL 33601-2347
PALM BEACH COUNTY, FL
(319 NW 6TH AVENUE)
- 6 - RES. NO. 18-96
OSCEOLA PARK, S10.5' JEAN A. & MARLEINE C. DORILAS $ 24.00
OF LOT 23, LOT 24 & 924 SE 3RD AVENUE 70.00 (ADM. COST)
N9.75' OF LOT 25, DELRAY BEACH, FL 33483
BLOCK 10, PB 3, P 2,
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(924 SE 3RD AVENUE)
CHATELAINE NO. 1, PAMELA B. STEVENS $ 99.00
LOT 8, BLOCK 7, PB 29, 420 N. FEDERAL HWY. # 408 70.00 (ADM. COST)
P 95, PUBLIC RECORDS BOYNTON BEACH, FL 33435
OF PALM BEACH COUNTY, FL
(3607 CHATELAINE BLVD. )
A. J. JOHNSON SUB., ANTONY. FOSTER & $ 43.00
W1/2 OF LOT 12, PB 20, LAURA W. STEPHENS, EST. 70.00 (A/DM. COST)
P 57, PUBLIC RECORDS 2998 NW 83RD TERRACE
OF PALM BEACH COUNTY,FL MIAMI, FL 33147-0446
(VACANT LOT NW 13 TH AVE)
A. J. JOHNSON SUB., LAURA W. STEPHENS, EST. $ 51.00
El/2 OF LOT 12, PB 20, 2998 NW 83RD TERRACE 70.00 (ADM. COST)
P 57, PUBLIC RECORDS MIAMI, FL 33147-4046
OF PALM BEACH COUNTY, FL
(VACANT LOT NW 13 TH AVE)
SUNSET PARK, DELRAY, ENIQUE C. & AMPARO RAMOS $ 51.00
LOT 51, PB 12, P 65, c/o PABLO & JANIE T. RAMOS 70.00 (ADM. COST)
PUBLIC RECORDS OF 5250 BENJAMIN AVENUE
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33437
(1015 MANGO DRIVE)
SUB. OF SEC. 4-46-43, RAJESI4 PATEL $ 47.00
W130' OF E170' OF N150' 9082 CAVATINA PLACE 70.00 (A/DM. COST)
OF S290' OF NWl/4 OF BOYNTON BEACH, FL 33437-5129
SW1/4 OF SW1/4,
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(2228 NO. SEACREST BLVD)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
- 7 - RES. NO. 18-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Zi~'~
QQNTRACT AMENDMENT SI/FLORIDA ENERGY EFFICIENT WATER
PROJECT (FEEWP)
DATE: FEBRUARY 15, 1996
On September 19, 1995, Commission approved a contract with the
Tri-County Community Council, Inc. for the Florida Energy Efficient
Water Project (FEEWP). The program involves the construction of
water system improvements to increase energy efficiency of our
system operations. It is a matching fund grant program, with FEEWP
providing 50% funding for recommended improvements per their
previously performed utility system audit. The initial contract
was for installation of premium efficiency motors on two decant
recovery pumps at the Water Treatment Plant at a cost of $4,623.00
(50% City cost $2,311.50).
The proposed contract amendment is for improvements recommended as
a result of an audit of the City's wastewater transmission system,
and involves cleaning approximately 50,000 linear feet of sewer
force main in nine lift station basins. This process has never
been performed on these lines. The total project cost is
$182,767.00, of which $166,510.00 qualifies for 50% funding from
the Tri-County Community Council. Hence, the City's total cost is
$83,255 (50% of program allowance) plus $16,257 unqualified cost,
for a total of $99,512.00. Energy savings due to the
rehabilitation are calculated at $19,500 annually over the program
ten year payback period. The work will be performed by
Professional Piping Services, Inc. under the terms of their current
State contract. Funding is available from R&R Account #442-5178-
536-34.90 (Other Contractual Services).
You will recall, a condition of the contract is that the City is
required to deposit 50% of the funded amount with FEEWP. Upon
completion of the improvements and post-construction energy
auditing by FEEWP, our contribution is channeled to a low income
housing improvement program and the funds are used within the city
for water conservation in low income households. This includes
repairs and/or upgrades to plumbing systems, such as plumbing
fixtures, appliances, etc.
Recommend approval of Contract Amendment #1 with the Tri-County
Community Council, Inc. for the Florida Energy Efficient Water
Project.
ref:agmemo5 ~ JT~ ~
Agenda Item No. ~'~'
AGENDA REQUEST
Date: 02/13/95
XX Regular Agenda
__ Special Agenda
m Workshop Agenda When: 02/20/96
Description of item (who, what, where, how much): Staff requests Commission
approval of Contract Amendment #1 to the City's contract with the Th-County Community Council,
Inc. in conjunction with The Florida Energy Efficient Water project in the amount of $166,510.00 and
approval for piggybacking a current State Contract for Professional Piping Services, Inc. in the amount
of $16,257.00 for performing cleaning of approximately 50,000 feet of sewer transmission mains in
City systems. Total City cost with 50% of Contract Amendment amount is $99,512.00 with calculated
energy savings amounting to approximately $19,500.00 annually. Funding is from R&R Account 442-
5178-536-34.90 (Budget transfer attached).
ORDINANCE/RESOLUTION REQUIRED: YES NO ATrACHED YES NO
Recommendation: Staff recommends approval of Contract Amendment #1 with Tri-County
Commumty Council and piggyback of State Contract withProfgssional Piping Services.
DEPARTMENT HEAD SIGNATURE: ,~/~/~,/~~/ ~
Determination of Consistency with Comprehensive Plan:
ComprehensivePlan:
City Attorney Review/Recommendation (if Applicable).
Budget Director Review (required~on all items4avolvi~g expenditure of funds):
Funding available ~0
Funding alternatives (if applicable)
Account No. & Description: L~L~L
Account Balance:
·
City Manager Review:
Approved for agenda:~NO y,~/~/~
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Deputy Director of PU
SUBJECT: FLORIDA ENERGY EFFICIENT WATER
PROJECT (FEEWP) CONTRACT AMENDMENT #1
DATE: February 13, 1996
Attached is a copy of Amendment #1 to the City's current contract with the Tri-County Community
Council in conjunction with the Florida Energy Efficient Water Project (FEEWP). The current contract
for improvements based on the water system audit includes upgrading motors for the two washwater
recovery basin pumps at the Water Treatment Plant to premium efficiency motors. Contract cost of these
improvements is $4,623.10 with the City's cost at a 50% participation level being $2,311.50.
The subject contract Amendment proposes recommended system improvements resulting from an audit of
the City's wastewater transmission system. The proposal is for cleaning approximately 50,000 linear feet
of sewer force main in nine lffi stations basins at a total cost of $182,767.00. Post cleaning energy savings
over the program ten year pay back period are calculated at approximately $19,500.00 annually predicated
on reduced energy requirements for pumping sewage through the rehabilitated transmission mains.
Of the $182,767.00 project cost, $166,510.00 qualifies for 50% funding from Tri-County Community
Council. The City's cost of this Contract Amendment totals $99,512.00. This figure includes 50% of the
program allowance for the work ($83,255.00) which will be payable to Tri-County upon approval of the
amendment, and 100% of the difference between the project cost and program allowance ($16,257.00).
The work will be performed by Professional Piping Services Inc. under the terms of their current State
Contract. This Amendment will increase the total contract amount to $171,133.00 and the City's cost to
$85,566.50, excluding the $16,257.00 unqualified cost.
Given the age of the transmission mains proposed for cleaning and the fact that this process has never
been performed on these lines, staff supports the approval of the subject contract amendment. We are
requesting City Commission approval of Contract Amendment #1 as described herein and approval for
piggybacking the current State Contract for Professional Piping Services in the amount of $16~L57.00.
Funding will be from R&R Account #442-5178-536-34.90, Other Contractual Services (Budget transfer
attached). Please place this item on the February 20 Agenda for City Commission consideration.
RCH: jem
c: William H. Greenwood
Jackie Rooney
o~-"",~ l'rm-Count¥ Communmt¥ ¢ounoml reno
~ ,, ~ ~ 301 No~h Oklahoma Street, Bonifay, FL 32425
I~~~ '~~0,, ;.4)5~..u · ;,x (so4~ s4~..0~ · Too m04)
~ C. ~ Je~
%~ ~ S~ Ex~ve ~r
"HELPING PEOP~ HELP THEMSELVES"
Ianuary 17, 1996
434 South Swinton Avenue ..' ':;;~ ? ~',' ~,: -...~- ... '.
Delray Beach, Florida 37.~.~. ' -...,: ,~.'.....
RE: FLORIDA ENERGY EFFICIENT WATER PROJECT (FF. EWP)
Dear Mr. Hasko:
Enclosed, for execution, are three (3) copies of Amendment #1 to the Contract with the Florida
~ Efficient Water PrOject (FEEWP). This Amendment changes the following:
1: AMOUNT OF CONTRACT: FROM: $ 4,~23.00
TO: $171,133.00
1: AMOUNT OF MATCH: FROM: $ 1,~11.$~
- *.. -'~ TO: $ 85,566.50
(NOTE: MATCH PAID: $2,311.$0 / MAI'CH BALANCE: $83,255.00)
3: EXP]]LATION DATE: PROM: 03/15/96
TO: 04/15/96
4: SCOPE OF WORK:
WATER
1: In~ll a premium efficiency motor on decant recovery pumps #1 and ~2 at
Water Treatment Plant (IM,623.00).
NOTE: When motor replacement is recommended, the premium efficiency
motor will have the same brake horsepower rating as the existing
motor. The budget for premium efficiency motor replacement
includes: premium efficiency motor, freight, installation, and start-up.
C:\WP60\FEEWP~AMEND#1.DB
PAGE TWO
PAGE 5. ARTICLE V (CONSIDERATION FOR SERVICES), SENTENCE #1:
The Prime Contractor agrees to provide line cleaning and leak detection services and other
energy conservation measures to the Subgrantee for a sum not to exceed $171,133.00.
PAGE 6. ARTICLE IX (PERIOD OF CONTRACT):
This Contract shall begin upon execution by both parties, and end no later than April 15, 1996.
This Amendment will be effective on the date signed by both parties.
Executed in the presence of:
TRI-COUNTY COMMUNITY COUNCIL, INC.
By: Date:
Joel Paul
Executive Director
("The Prime Contractor')
CITY OF DELRAY BEACH, FLORIDA
By: Date:
Thomas Lynch
Mayor of Delray Beach
("The Subgrantee")
C:\WP60\FEEWP\CONTAMND.DB
· · ·
Tn-County Community .Counml, Inc.
~oOe'* c°%o~ 301 .orth Oklahoma Street, Bomfay, FL 32425
. Phone (904) 547-3688 · Fax (904) 547-9806 · TOD (904) 547-9505
, ~
~ Chai~an Tr~er
4 ~ Hnlan Ca.er B~ R~o~
Vic~Ch~an M~b~-at-~e
Chrl~ C. Ha~ Je~ ~d
~. ~ S~re~ Ex~lve ~r~or
"HELPING PEOPLE HELP THEMSELVES"
February 6, 1996
Mr. Richard C. Hasko, P.E.
Deputy Director of Public Utilities
434 South Swinton Avenue
Delray Beach, Florida 33~.~.~. --
RE: FLORIDA ENERGY EFFICIENT WATER PROJECT (FEEWP)
Dear Mr. Hasko:
Roger Cimbora, Professional Piping Services (PPS), has requested that I provide you with the
following statement regarding your FEEWP contract:
Statement
A subsequent review of the calculations for energy savings for the work proposed to be
completed at your wastewater system will be $194,950.00 -- not the $166,510.00 as represented
by the original grant offer.
Sincerely,
kcy H. Wheeler
Program Director / FEEWP
1391 Timberlane Road, Suite 102
Tallahassee, Florida 32312
Phone: 904/668-2752
Fax: 904/668-1032
cc: Roger Cimbora (PPS)
c:\wp60\feewp\dekay.es
CONTRACTUAL AGREEMENT
AMENDMENT//1
BETWEEN
TRI-COUNTY COMMUNITY COUNCIL, INC.
AND
CITY OF DELRAY BEACH, FLORIDA
This Amendment to the Contractual Agreement between Tri-County Community Council, Inc.
and the City of Delray Beach, Florida is to amend the FLORIDA ENERGY EFFICIENT
WATER PROJECT Contract as follows:
PAGE 3/4/5, ARTICLE IV (DEFINITION, SCOPE AND QUALITY OF SERVICE), A.
INTENT OF CONTRACT, SENTENCE//1:
It is the intent of this Contract to fund energy conservation measures identified during the energy
and water loss audits which have a simple payback of ten (10) years or less up to $171,133.00.
PAGE 3/4/5, ARTICLE IV (DEFINITION, SCOPE AND QUALITY OF SERVICE) B.
SCOPE OF WORK, SENTENCE//1:
The Prime Contractor shall provide the following services for the Subgrantee:
WATER
1: Install a premium efficiency motor on dec, ant recovery pumps #1 and //2 at Water
Treatment Plant ($4,623.00).
NOTE: When motor replacement is recommended, the premium efficiency motor will
have the same brake horsepower rating as the existing motor. The budget for
premium efficiency motor replacement includes: premium efficiency motor,
freight, installation, and start-up.
WASTEWATER
1: Designated force main cleaning -- lift stations 6, 11, 17, 18, 34, 50, 51, '58, and 80
($166,510.00 offered toward force main cleaning project costing $182,767.00).
NOTE: When force main cleaning is recommended, all site work, hot taps, and piping
modifications required for the initial cleaning and future maintenance of these
force mains will be provided.
PAGE 3/4/$, ARTICLE IV (DEFINITION, SCOPE AND QUALITY OF SERVICE) B.
SCOPE OF WORK, MATCH CATEGORY:
The Subgrantee shall provide the following match:
$85.566.50 Cash (PAID: $2,311.50 / BALANCE: $83,255.00)
Mr. Richard C. Hasko
lanuary 17, 1996
Page Two
WASTEWATER
1: Designated force nudn clemdng - lift stations 6, 11, 17, 18, 34, 50, S1, 58,
and 80 ($166,510.00 offered toward force main cleaning project costing
$182,767.00).
NOTE: Whm force main cleaning ts recommended, ali site work, hot tapa, and
piping modifications required for the initial cleaning and future
maintenance of tim2 force mains will be provided.
"After all three (3) copies 0f.~ #1 have beou executed, please forward to Joel Paul,
Executive Director, Tfi-County Community Council, Inc., 301 North Oklahoma Skeet, Bouffay,
Florida 32425. A copy, with origiml signatures, will be returned to you for your files.
1391 Timbeflane Road, Suite 102
Tallahass~, Florida 32312 ~
Phone: 904/668-2752
Fax: 904/668-1032 "~
cc: 1oel Paul Annette Stewart Curtis Taylor
Larry Roberson Roger Cimbora Crary Williams
1im Clifton 1anet Nudi Pepe Menendez
Dan O'Lone An~ela Chelette
c: \wp60\feewp\amendltr.db
, · ~ TRI-COUNTY coMMUNITY COUNCIL, INC,
JUL I 3o~ North Oklahoma Street ~.(,...
I~onifay, Florida 32425 "~
~{~l.,r;~-;,~,,'.-.i ...'.;,',,.'~, !.;;~, CONTRACT FOR SERVICES
THIS CONTRACT is made between Tri-County Community Council, Inc., hereinafter referred to as the "Prill~e
~;0ntractor" and Professional Piping Services, Inc., hereinafter referred to as the "Subgrantee",
WHEREAS, ~he SQbgrantee represents that it is professionally qualified, that it possesses the requisite skills,
t~nowledge, qualifications and experience to provide the services described herein, and that it accepts the Prime
Contractor's offer to perform such services for and on behalf of the Prime Contractor and
WHEREAS. the Prime Contractor has a need for such services and does extend this offer to the Subgrantee
uDon tho terms and conditions hereinafter set forth,
A'iRTICLE i. COVENANT FOR SERVICES
· T~e Prime Contractor does hereby retain the Subgrantee to perform the services as defined herein, and the
S~bgrantee does hereby agree to perform such services for the Prime Contractor upon the terms and conditions
s~t forth in this Contract.
ARTICLE I1. CONDITIONS OF CONTRACT
T}~;s Contract is subject to all applicable conditions referenced in the Department of Community Affairs'
(D;,,partment) Contract #95-CS-1 F-02~42-04-205 between the Department and the Prime Contractor and those
co ~ditions listed below, Waiver of any of these conditions must be upon the express written approval of the
Prime Contractor, and such waiver shall be a part of this Contract.
A, ! The Subgrantee shall not assign any interest in this Contract, and shall not transfer any interest in the
same (whether by assignment or novation), without the prior written consent of the Prime Contractor.
The subcontracting by the Subgrantee of any tasks specified in Article IV, Scope of Work, shall be
subject, to the prior review and approval of the Prime Contractor. The Subgrantee shall furnish the
Prime Contractor copies of any and all assignments, agreements or subcontracts connected with this
Contract.
B. Copies of ~11 reports, data, products and computer programs developed or obtained by the Subgrantee
under the terms of this Contract shall be provided to the Prime Contractor upon completion of the
.. services outlined in the Scope of Work, and throughout this Contract period when-such material is
available, upon request of 'the Prime Contractor. At the discretion of the Prime Contractor. all
: equipment and facilities purchased or developed by the Subgrantee with c3ntract funds shall be turned
over to the P~rime Contractor or its designee at the end or upon termination of the project or, where
appropriate, in accordance with the schedule designated by this Contract.
C, The Subgrantee agrees to comply with the standard conditions of the contract between Tri-County
Community Council, Inc, and the Florida Department of Community Affairs which is Attachment A of
this contract,
D. The Subgrant~e shall retain ali Contract financial and programmatic records and accounts, including
property and personnel, as are deemed necessary .by the Prime Contractor or the Secretary of the
United States Department of Energy to assure a proper accounting for all project funds. Those records
will be made available upon request for audit purposes to the Prime Contractor, the Department of
Energy or the Comptroller General of the United States and will be retained for ~-period of not less than
three (3) years from the termination of agreement unless permission to destroy them is granted by both
. the Prime Contractor and the Department of Energy. Bills for fees or other compensation for services
or expenses shall be subrnitted in detail sufficient for a proper pre-audit and post-audit thereof, tf the
Prime Contractor requests the examination of these records, such audit shall be made by either an
independent accounting firm or by Prime Contractor accountants. The cost of the audit shall be the
responsibility of the Prime Contractor.
E. The Subgrahtee agrees to assist the Prime Contractor in complying with all applicable.regulations
concerning the use of oil overcharge I'ecovery funds. No administrative overhead is allowed on oil
overcharge monies. Expenditure of proceeds from the Contract shall be subject to OMB Circular No,
A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and other Nonprofit
Organizations", and either OMB Circular No. A-87, "Cost Principles for State and Local Government",
Or OMB CircUlar No. A-21, "Cost Principles for Educational Institutions".
F. The Subgrantee shall permit the Prime Contractor, or its duly authorized representative, to monitor the
project pertaining to this Contract as deemed necessary by the Prime Contractor.
G. The Subgrantee warrants that no person, selling age~)cy, or other organization has been employed or
retained to solicit or secure this Contract upon a contract or understanding for a commission,
percentage, brokerage, or contingent fee. For breach or violation of the warrant, the Prime Contractor
shall have the right to deduct from the cq.:~pensation, or otherwise to recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
H. If any discovery or invention arises or is developed in the course of or as a result of work or services
performed Under this Contract, or in any' wa.y connected herewith, the Subgrantee shall refer the
discovery or invention to the Prime Contractor and determine whether patent protection will be sought
in the name of the State of Florida. In the event [hat any books, manuals, films or other copyrightable
materials are produced, the Subgrantee s½all notify the Prime Contractor. Any and all copyrights
accruing under or in connection with the performance under this Contract ate hereby reserved to the
State of Florida.
i. The Subgrantee shall not publish results of its function and participation in Prime Contractor programs
before completion of the project without prior approval from the Prime Contractor.' Such I~ublications
shall acknowledge that the program is supported by funds granted by the Prime ContractOr.
J. None of the funds, materials, property, or services contributed by the Prime Contractor or the
Subgrantee under this Contract shall be used in tl~e performance of this Contract for any partisan
political activity, or to further the electiort or defeat of any candidate for political office.
K. There shall be no religious worship, instruction, or prosefytization as part of, or in connection with, the
performanc6 of the Contract.
L. The Subgrantee shall comply with all applicable laws, ordinances, and codes of state and local
governments.
Al: TICLE !11. AVAILABILITY OF I~UNDS
Ne';withstanding other provisions of this Contract, the State of Florida's performance and obligation to pay
un(ler this Contract is contingent upon an annual appropriation by the Legislature, pursuant to s. 216.311, Fla.
St~. (1989), and the receipt of federal contract funds under which this Contract is made.
ARTICLE IV. DEFINITION, SCOPE AND QUALITY OF SERVICE
Thins Contract is a p~rt of the Florida Energy Efficient Water Project.
'TI- purpose of this project is to improve the energy efficiency of water and wastewater treatr~ent, processing,
an( delivery sys*.enis through energy audits, line cleaning, leak detection, arid other energy conservation
me ~sures. An additional goal of the project is to improve or extend water service to low-income households.
Th~ participating system will be expected to provide matching resources for Io~-income households.
Tfie Subgrantee, as part of thi3 project, shall perform and render es an independent consultant, and not as an
eg',en.t, representative or employee of the Pf'irne Contractor, all the services described herein in a proper and
satisfactory manner as determined by the Prime COntractor in its sole discretion. These services shall include
th~ following:
A.; Intent of Contract
It Is the intent of this Contract that the Subgrantee perform the Line Cleaning required under the Contract
between' the Depar'tfnent and the Prime Contractor and provide documentation of services performed and
energy, savings resulting from the grant expenditure.
B.I Scope of Work
Th'e Subgrantee shall provide the following services to the Prime Contractor:
1, Attend meetings with Program Director and Prime Contractor regarding reporting structure, and
to review systems included in program activities;
2. Perform line cleaning activities as required by the program Work Plan and Scope of Work in the
Contract between the Department and the Prime Contractor with the approval of the Program
Direbtor;
3. Pro,}ida monthly reports to Program DirectOr which should include: services rendered and data
regarding cost and energy savings.
AF:TICLE V. COI~SIDERATION FOR SERVICES
This is a fixed fee contract. As consideration for services rendered under this Contract, the Prime Contractor
agrees to pay the Subgrantee a sum not to exceed $304,077.00, A fee shall be set for each line cleaning
location based on site specific conditions. This fee shall be submitted to and approved by the Program Director
an~l the FEEWP Advisory Panel m advance of the hne clean,rig. Any modification ~n the fee up to and including
ter) percent may be requested and is subject to approval by the FEEWP Advisory Panel. Compensation shall
be',provided to the Subgrantee by the Prime Cantractor upon submission of proper invoices in accordance with
th~ requirements of s. 287.058, Fla;.__S. tat.. (1989),
No separate reimbur, sal for travel may be claimed under this Contract. All costs for services and expenses
m~st be covered by' the fixed fee rates paid to the Subgrantee set forth in this part.
Nol proceeds from this Contract shell be used to pay indirect costs or administrative expenses.
AF~TICLE VI. METHOD OF PAYMENT
Th~ Subgrantee is entitled to submit proper invoices to the Program Director, Nancy H. Gilleland, at the
foll3wing address: Rural Resources, inc,, 1391 Timberlane Road, Suite 102, Tallahassee, Florida 32312.
Pr( per invoices will be provided to the Prime Contractor, accompanied by appropriate documentation, by the
Pr( gram Director. .
Th ~ Subgrantee will receive a ten (10) percent drawdown upon the development, submittal and approval of
a Ina cleaning scope of work including system approach and staff/equipment usage/requirements. This
dr~ wdown will be r~covered and used as payment in the closing of the Contract.
ARTICLE VII, REPORTING
A. The Subgrantee shall provide Monthly Progress Reports to the Program Director, Reporting shall be
conducted using a standard single page format submitted in the Work Plan and approved by the Prime
Contractor, Each monthly progress report shall indicate;
(1) Work completed during the reporting period including major assumptions and decisions made,
results achieved and difficulties encountered;
Work planned for the next work Period, targeted results arTd ar~ticipated problems;
(3)Update of milestone charts;
(4)Proposed modifications, if any, to the work scope or delivery dates.
B. Project reports delineated in Article VI shall be provided to the Prime Contractor by the Program
Director consistent with the schedule contained in the Work Plan.
Hulan Carter, or his designee, shall serve as the COntract Management Officer for the Prime Contractor and
Roger~ Cimbora, General Manager, Professional Piping Services, Inc,, shall serve as the Project Director for the
Su~grantee.
ARTICLE Viii. PERI:OD OF CONTRACT
This Contract shall begin upon execution by both parties~ and end no later than June 30, 1996.
ARTICLE IX. MODIFICATION OF CONTRACT
This Contract represents the entire agreement of the parties. The Prime Contractor may,' from time to time,
recuest changes in [he scope of the services to be performed by the Subgrantee under this Contract. Any
eib!rations, variations, changes, expanded scope, additional compensation, modifications or waivers of
provisions of the Contract, with the exception of the termination of the Contract as delineated in Article X,
sh;~ll be valid (~nly ~hen they have been reduced to writing, duly signed by each of the part, es hereto and
att ~ched to the original of this Contract. Upon mutual agreement of the Prime Contractor and Subgrantee, the
Co3tract period ma~ be extended.
Th~ Contract may be expanded if, in the Prime Contractor;s judgement,
additional
work,
within
the
scope
of
the~task area addres~sed by this Contract would be useful to the accomplishment of the designated goals of
thi~ project. In reference to Article III, expansion of this Contract would be contingent upon an annual
apl~ropriation by the' Legislature. :
ARTICLE X. TERMINATION OF CONTRACT
A, This Contrac, t may be unilaterally terminated by the Prime Contractor for refusal by ttle Subgrantee to
allow public .access to all documents, papers, letters or other written material subject to the provisions
of Chapter 119, Fla. Stat. {1989), and made or ~eceived by the Subgrantee in conjunction with the
Contract, or for failure to meet any of the terms or conditions of this Contract.
This Contract may be terminated by either party for reason or no reason by giving thirty (30) days
written notice to the other party; said notice shall be sufficient if it is delivered to the party personally
or mailed bY certified mail to the party's ad(Jress as specified herein.
C. In the event 'of termination of the Contract by either party, all property purchased with funds under this
Contract sh~ll become the property of the Prime Contractor and be disposed of in accordance with
Amendment N of the Property Management Standards of OMB Circular No. A-~ 10 which sets forth -
the Uniform Administrative Requirements for Grants-in-Aid to Educational Institutions. All finished or
unfinished d'ocuments, data, studies and reports prepared by the Subgrantee shall be relipquished to.,
the Prime Contractor. The Suborantee shall be entitled to compensation for services actually
performed u'p to the date of termination, as determined by the Prime Contractor.
D. Notwithstanding the above, the Subgrantee shall not be relieved of the liability to the Prime Contractor
for damages sustained by the Prime Contractor by virtue of any breach of the Contract by the
Subgrantee for the purpose of set-off, until such time as the exact amount of damages due the Prime
Contractor from the Subgrantee is agreed upon or otherwise determined.
E. Termination 'shall be only by written notice.
IN ¥1TNESS THEREOF, the parties have caused these present to be duly executed as of the day and year first
abc'ye mentioned at Tallahasbee, Florida.
TR[-COUNTY COMMUNITY COUNCIL, INC. PROFESSIONAL PIPING SERVICES, INC.
~ul~ Car~er - Date Ro~er Cimbor8
Trl-County Community Council, Inc, Professional Piping Services .
("The P~Jme Contraotor'J ("The Subgrantee"J
Attachment A
,STANDARD CONDITIONS OF CONTRACT
This qontract is subject to all of the conditions listed beloW. Waiver of any of these conditions must be upon
the e~press written approval of the Department, and such waiver shall be a part of this contract.
1. A_llowable C0st~
Expenditure of proceeds from this contract shall be subject tO OMB Circular No, A-102, 'Uniform
Administrative Requirements for State and Local Governments" or OMB Circular No. A-110, 'Grants
and Agreements with Institutions of High Education,. Hospitals, and Other Nonprofit Organizations,"
and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular
No. A-21, "Cost Principles for Educational Institutions," or OMB Circular A-122, "Cost Principles for
Nonprofit Organizations." If this contract is made with a commercial (for-profit) organization on a
cost-reimbursement basis, the Contractor shall be subject to Federal Acquisition Regulations 31,2
and 931.2. Nb proceeds from this contract shall be used to pay indirect costs or administratlve
expenses unless explicitly authorized in the budget in the contract.
2. .Termination of Contract
(a) If any of the following events occur ("Events of Default"), all obligations on the part of the
Department to~ make any further payment of funds hereunder shall, if the Department so elects,
terminate and,'the Department may at its option exercise any of its remedies set forth herein, but
the Departmen~t may make any payments or parts of payments after the happening of any Events
of Default without thereby waiving the right to exercise such remedieS, and without becoming liable
to make any fu'rther payment:
1. I! any warranty or representation made by the Contractor in this Contract or any previous
Contract with the Department shall at any time be false or misleading in any respect, or if the
Contractor shall fail to keep, observe or perform any of the terms or covenants contained in this
Contract or an~ previous agreement with the Department and has not cured .such in timely fashion,
or ts unable or.unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the Contractor at any
time dudng the term of this Contract from the financial condition revealed in any reports filed or to
be filed with the Department, and the Contractor f,~ils to cure said material adverse change within
thirty (30) days from the time the date written notice is sent by the Department.
3. il any reports required by this Contract have not been submitted to the Department or have
been submitted with Incorrect, incomplete or insufficient Information;
4. If the Contractor has failed to perform and complete in timely fashion any of the services
required under the Budget attached hereto as "Attachment B", and Scope of Work.
(b) Upon the h~ppenlng of an Event of Default, then the Department may, at its option, upon written
notice to the Contractor and upon the Contractor's fallure to timely cure, exerctse any one or more
of the following remedies, either concurrently or c. onsecutively, and the pursuit of any on..e, of the
A-1 Revised 05/25/95
following remedies shell not preclude the Department from pursuing any other remedies contained
herein or otherWise provlded at law or tn equity:.
1. Terminate this Contract, provided that the Contractor/Recipient is given at least fifteen (15)
days prior wdtten notice of such termination. Ttle notice shall be effective when placed in the United
States mail, first Class mall, postage prepaid, by registered or certified mail-return receipt requested,
to the address Set forth In paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of this Contract;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, 1o include but not be limited' to, requesting
additional info~:mation from the Contractor to determine the reasons for or the extent of non-
compliance or I,~.ck of performance, Issuing a wdtten warning to advise that'more serious measures
may be taken if the situation Is not corrected, advising the Contractor/Recipient to suspend,
discontinue or refrain from Incurring costs for any activities In question or requiring the Contractor
to reimburse the Department .for the amount of costs incurred for any items determined to be
5, Exerclse any other rights or remedies which may be other,vise available under law;
(c) The Department may terminate this Contract for cause upon such written notice as is
reasonable under the circumstances. Cause shall Include, but not be limited to, misuse of funds;
fraud; lack of cdmpliance with applicable rules, laws and regulations; failure to pedorm in a timely
manner; and refusal by the Contractor to permit public access to any document, paper, letter, or
other material S'ubJect to disclosure under Chapter 119 and 240.241, ~., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, F._la. Stat., es
amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) The Contrabtor shall return funds to the Department if found in non-compliance with laws, rules,
regulations governing the use of the funds or this Contract,
(f) This Contract may be terminated by the written mutual consent of the parties.
This contract ma~y be terminated by either party for reason or for no
reason by giving thirty (30) days
written notice to the other party; said notice shall be sufficient if it is delivered to the party personally
or mailed by certified mail to the mailing address as specified herein.
This contract may be unilaterally terminated by the Department if the Contractor refuses to allow
p bloc access to all documents, letters, or other materials subject to the provisions of Chapter 119,
F~S. which werelpre, pared or received by the Contractor in conj,.ruction with this contract. Institutions
in the State of Florida University System, as provided in F.S. 240.241(2), are exempt from the
provisions of F.S. 119.07(1), except that a division of sponsored research shall make available upon
request the title and description of a research project, the name of the researcher, and the amount
A-2 Revised 05/25/95
and source of funding provided for such project. This exemption is subject to the Open Government
Sunset Review Act in accordance with F.$. 149.14.
(g) Notwithstanding the above, the Contractor/Recipient shall not be relieved of liability to the
Department by vtrtue of any breach of Contract by the Contractor to the extent permitted by. law,
The Departm'.ent may, to the extent authorized by law, withhold any payments to the
Contractor/Recipient for purpose of set-off until such time as the exact amount of damages due the
Department frqm the Contractor/Recipient ts determined.
In the event of' termination of the contract by either party, all property purchased with funds under
this contract shall become the property of the Depart. ment and disposed of in accordance with 10
CFR 600, Subpa. rt E, which sets forth the Uniform Administrative Requirements for Grants and
Cooperat!ve Agreements with State and Local Governments.
All finished or Unfinished documents, data, studies, and reports prepared by the Contractor shall be
relinqutshed't° the Department. The Co.ntractor shall be entitled to compensation for a;Jpmved
services and expenses incurred prior to the date of notice of termination of the contract.
Notwithstanding the above, the Contractor shall not be relieved of liability to the Department for
damages sustained by the Department by virtue of breach of the contract by the Contractor until
such time as the exact amount of damages due the Department from the Contractor is agreed upon
or otherwise d~etermined. "
3. Changes
The Department may, from time to time, request changes in the scope of the services to be
performed by the Contractor under this contract. Such changes, including any increase or decrease
in the amount of the Contractor's compensation~ or' change in the contract period, which are
mutually agreed upon by and between the Department and the contractor, must be Incorporated in
written amendments to this contract.
4. Assignability
The Contractor shall not assign any interest in this contracl, and shall not transfer any interest in the
same (whethbr by assignment or novation), without the prior written consent of the Department.
However, the Contractor may employ consultants to assist in the perfom~ance of its responsibilities
under this contract with the prior written consent bf the Department. 'The Contractor shall fumish
the Departmeht copies of any and all assignments, agreements, or subcontracts connected with this
contract.
5, ,Su. bcontracts '
(a) If the cohtractor subcontracts any or all of the work required under this Contract, the
Contractor/Recipient agrees to include in the subcontract that the subcontractor is bound by the
terms and conditions of this Contract with the Department.
A-3 , Revised 05/25/95
(b) The Contractor agrees to include in the subcontract that the subcontractor shall hold the
Department and Contractor harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Contract, to the extent allowed and requlred by law,
(c) If the Contractor subcontracts, a copy of the executed subcontract must be forwarded to the
Department within ten (10) days after execution.
!
6. .Contin_qent FeDs Prohib~d
The ContractoJ' warrants that no person, selling agency, or other organization has been employed.
or retained to 'solicit or secure this contract upon a Contract or understanding for a commission,
percentage,' brokerage, or contingent fee, For breach or violation of the warradt, the Department
shall have the right to annul this contract without Ilability, or in its discretion to deduct from the
compensation,' or otherwise to recover the full amount of such commission, percentage, brokerage,
or contlngent lee.
7, Dlscrimir~a_tio_~i.n. Emr)loyment Prohibited
The Contractor. agrees to comply with Executive Order 11246 of September 24, 1965 entitled 'Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as
supplemented in Department of Labor regulations (41 CFR Part 60). In accordance with the above
laws and regulations, the Contractor agrees to assure, to the extent of the coverage of this Contract,
that no person in the United States shall, on the grounds of race, color, national origin, sex, age, or
handicap, be excluded from participation In, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity.in which the Department receives federal assistance
from the Department of Energy.
8. _A. udit;
(a) The Contractor agrees to maintain financial procedures and support documents, in accordance.
with generally accepted, accounting principres, to account for the receipt and expenditure of funds
under this Contract.
(b) These reCOrds shall be available at ali reasonable times for Inspection, review, or audit by state
personnel and other personnel duly authorized by the Department. 'Reasonable' shall be
construed according'to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m.
to 5:00 p.m., lOcal time, Monday through Friday.
(c) The Contractor shall also provide the Department wlth the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Contract.
(d) The Contractor shall provide the Department with an annual financial audit report which meets
the requiremer~ts of Sections 11.45 and 216.349, Fla.. S!at., and Chapter 10.550, Rules of the
Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U,S,C, ss. 7501-
7507, OMB Ci'rculars A-128 and A-133 for the purposes of auditing and monitoring the funds
awarded under this Contract. Agencies and institutions scheduled for audits under the Office of the
A-4 Revised'{3.6/25/95
Auditor Ger~eral, State of Florida, are not required to provide separate copies of the audit, provided
tl~at the Agenc,y's or institution's audit is scheduled for automatic distribution.
1. The an,nual financial audit report shall Include all management letters and the Contractor's
response to all. findings, Including corrective actions to be taken,
2. The an,nual financial audit report shall include a schedule o1' financial assistance specifically
idelitifying ali Contract and grant revenue by sponsoring agency and Contract number.
3. The bomplete financial audit report, including a~l items specified in (12)(d) 1 and 2 above,
shall be sent directly to: Department of Community Affairs
, Office of Audit SerVices
2740 Centervtew Drive
Tallahassee, Florida 32399-2100
(e) In the event the audit shows tt'~t the entire funds, or any portion thereof, was not spent in
accordance with the conditions of this Contract~ the Contractor shall be held liable for
..reimbursement to the Department of all funds not spent in accordance with these applicable
regulations arid Contract provisions within thirty (30) days after the Department has notified the
Contractor of Such non-compliance.
(fi The Contractor shall retain all financial records, supporting documents, statistical records, and
shy other documents pertinent to this contract for a period of three years after the date of
submission of the final expenditures report. However,'if litigation or an audit has been Initiated prior
to the expiration of the three-year period, the records shall be retained until the litigation or audit
findings have been resolved.
9, Records Retention
(a) If appl{cab!e, Contractor's performance under this Contract shall be subject to OMB Circular No.
A-102, "Uniform Administrative Requirements [or State and Local Governments" or OMB Circular
No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local
Governments," OMB Circular No. A-21, "Cost Principles for Educational. Institutions," or OMB
Circular No, A-122, "Cost Principles for Nonprofit Organizations." If this Contract is made with a
commercial (f(~r-pmflt) organization on a cost-relmbursement basis, the Contractor/R.ecipient shall
be subject to Federal AcqUisition Regulations 31.2 and 931.2.
(b) All original records pertinent to this Contract shall be retained by the Contractor/Recipient for
three years following the date of termination of this Contract or of submission o~ the final close-out
report, whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three year period and
extends beyo,nd the three year period, the records will be maintained until all litigation, claims or
audit findings Involving the records have been resolved.
2. Records for the disposition of non.expendable personal properly valued at $1,000 or more
at the time of acquisition sh~ll be retained for three years after final disposition.
, A-5 Revised 05/25/95
3. Records relating to real property acquisition shall be retained for three years after closing
(c) All records, Including supporting documentation of all program costs, shall be sufficient to
determine compliance wtth tho requirements and objectives of the Budget and Scope of Work -
Attachment A - end all other applicable laws and regulations.
(d) The Contractor, ils employees or agents, including all subcontractors or consultants to be paid
from funds provided under thts Contract, shall allow access to its records at reasonable ttmes to the
Dapartment,'its employees, and agents. "Reasonable" shall be construed according to the
' circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, on Monday through Friday. Ag ~nts shall include, but not be limited to, auditors retained
by the Depadment.
10. Standard_.Co ,nditions /.
· The Contractor agrees to be bound by the following standard conditions:
(a) The Stat6 of Florida's performance and obligation to pay under this Contract is contingent upon
an annual appropriation by the Legislature, and subject to any modification in accordance with
Chapter 216, 'Fla. Stat.
(b) If otherwise allowed under this Contract, extension of a Contract for contractual services shall
be in wriUng for a period not to exceed six (6) months and shall be subject to the same terms and
conditions set forth in the initial Contract. There shall be only one extension of the Contract unless
the failure to meet the criteda set forth in the Contract for completion of the Contract is due to events
beyond the control of the Contractor/Recipient.
(c) All bills fOr fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Central. t, all bills for any travel expenses shall be submitted in
accordance with s. 112,061, E!a. Stat.
,..
i . (e) The Dep~rtment of Community Affairs reserves the right to unilaterally cancel this Contract for
refusal by the Contractor/Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla.: stat., and made or received by ~e Contractor
In conjunction with the Contract. Institutions in the State of Florida University System, as provided
in F.S. 240.241(2), are exempt from the provisions of F.S. 119.07(1), except that a division of
sponsored re§catch shall make available upon ·request the title and description of a research
project, the name of the researcher, and the amount and source of funding provided for such
' project. This exemption is subject to the Open Government ,Sunset Review Act In accordance with
A*6 i Revised 05/2,5/95
11, _Publication.and Publici .ty
The Contractor shall riot publish any materials funded by this contract without the prior written
approval o1' the Oepadment. All publications shall acknowledge that the program is supported by
funds granted by the Department of Energy and the Department,
12. patents and Copyrights
If the Contractor brings to the performance of this contract a pre-existing patent or copyright, the
Contractor shall retain all rights and entitlement to that pre-existing patent or copyright unless the
contract provides otherwise.
Title to any ~nvenUon conceived or reduced to practice in the performance of this project wit! remain
with the Contractor in accordance with Chapter 240.229, Florida Statute, as it applies to members
of the State Ur~iversity System.
In the event that any books, manuals, films, or other copyrightable material are produced in the
performance of this project, the Contractor shall notify the Department. Any and all copyrights
accruing under or in connection with the performance under this contract are hereby reserved to the
State of Florida.
At the time of the submission of the workplan required by Article II, the Contractor shall disclose all .
' intellectual prol~erties relevant to the performance of this contract which he or she knows or should
know could glv~ rise to a patent or copyright, The Contractor shall retain ali rights and entitlement
to any pre-exiSting intellectual property which is so disclosed,
13. Monitoring .
The Contractoi' shall permit the Department, or its duly authorized representative, to monitor the
project pertain!rig to this contract as deemed necessary by the Department. The Contractor will
monitor its subcontractors.
14, Certification Reaardi_n. g. Lobbylna
The Contracto~ shall execute the Certification Regarding Lobbying, Attachment C, which is attached
to, and incorpdrated by reference in, this contract.
15. Lobbying and Po_lit. ical Activin_ Pro_hiblted_ .
The Contractor/Recipient certifies, by their signature to this Contract, that to the best of his or her
knowledge and, belief:
'.
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the under-
signed, to any'. person for Influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress Id connection with the awarding of any Federal contract, the making of anY Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
A-7 Revised 05/25/g§
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan
or ~ooperative agreement,
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of'
Congress, an officer or employee of Congress, Or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and eh. bruit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.,
(c) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under.
grants, loans, and cooperative agreements) and that all subrecipients shell certify and disclose
accordingly.
This certification is a material represeni~ative of fact upon,.c/hich reliance was placed when this
transaction was made or entered into. Submission of this (~ertification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(d) No funds or other resources received from the Department in connection with this Contract may
' be used directly or indirectly to influence legislation or any other official action by the Florida
: Legislature or any state agency.
16. Religj~.us Activ~_t~Prohibited
[
There will be no religious worship, instruction, or proselytization as part of, or in connection with, the
performance of this contract.
17. Comj;zU~Dc~..o. cai Laws
The Contracto¢ shall comply with all applicable laws, ordinances, and codes of state and local
governments. '
· i 8. Debe,.rred a....~nd Suso_e__nded Par;tie~s
The Contractor certifies that neither its organization nor any member of the staff is debarred or
suspended or is otherwise excluded from or ineligible for participation in Federal assistance
programs under Executive Order 12549, "Debarment and Suspension." The Contractor may not
make any subbontract to a debarred or suspended party. A current listing of such parties is
maintained by (he Department for review by Contractors.
19. Clean Air and Water Acts
If this contract dr any resulting subcontract is for an amount in excess of $100,000, the Contractor
must comply with all applicable standards, orders, or requirements issued under Section 306 of the
A-8 Revised 05/25/95
Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive
Order 11738, arid Environmental Protection Agency regulations {40 CFR Part 15).
A-9 Revised 05/25/9,5
Memorandum
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director ~.~._~
From: Dorothy Ellington, Community Development Coordinator
Date: February 14, 1996
Subject: TED Center Amendment/CDBG Funding Agreement
Item Before the Commission
This is to request approval to execute an Amendment to the Funding
Agreement approved by the Commission on October 10, 1995.
Background
The TED Center applied for and received approval for $30,000 in CDBG
funds to renovate property located at 132 West Atlantic Avenue. The
property would be used as office space for its Business Incubator program.
The funding Agreement required the TED Center to secure a five-year lease
for the property as a means of protecting the City's investment. The
property is owned by the Community Redevelopment Agency and is part of
the CRA's obligation to Palm Beach County for the South County
Courthouse expansion. For that reason, the CRA could not enter into a five-
year lease agreement.
The TED Center has located an alternate site at 22 Southeast First Avenue
and has secured a lease agreement with the owner. This Amendment to the
funding Agreement is to change the address from 132 West Atlantic Avenue
to the new address.
Recommendations
Staff recommends approval to execute the attached amendment to the TED
Center's CDBG funding agreement.
AMENDMENT TO 7'liE AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
FOR TECtlNOLOGY, ENTERPRISE AND DEVELOPMENT, INC.
THIS AMENDMENT 'FO THE AGREEMENT FOR FUNDING AND ACCEPTANCE
OF FUNDS MADE AND ENTERED INTO on the 13th day of October, t 995, by and between
the City of Delray Beach ("City") and The Center for Technology, Enterprise and Development,
Inc. ("The TED Center") is entered into this day of ,1996.
WttEREAS, The parties hereto have heretofore entered in the above described
Agreement (the "Agreement") for the renovation of property located at 132 West Atlantic
~venue, Delrhy Beach, Florida; and
WHEREAS, negotiations for a lease agreement with the owners of 132 West Atlantic
Avemte, l)elray Beach, Florida failed to result in a satist:actory lease agreement; and
WHEREAS, the TED Center continues to require additional office space in accordance
with the conditious of the Grant awarded to the TED Center by Pahn Beach County.
NOW, THEREFORE, the parties agree that the Agreement is hereby amended as follows:
1. ReI~ert:nces to the renovation of 132 West Atlantic is hereby amended to read "22
Southeast First A venue." This change applies to the preamble to the Agreelnent, Paragraph 2,
Statement of Work and Paragraph 9, Other Program Requirements.
This amendment shall modify only those sections of the Agreement as stated in
Section 1 of this Amendment. All other terms and conditions not expressly modified herein
shall remain in ~11 force and effect.
TECHNOLOGY, ENTERPRISE AND
DEVELOPMENT, INC.
WITNESS: By:
PRESIDE~T, BOARD OF DIRECTORS
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
CITY CLERK
APPROVED* AS TO FORM:
CITY ATTORNEY
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: February 14, 1996
Regular Agenda
Special Agenda
Workshop Agenda
xx Consent Agenda When: February 20, 1996
Description of item (who, what, where, how much):
This is to request approval to execute an Amendment to the Fundin~ A2rmmmmnt
approved by t~e Commission on October 10, 1995. -
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval to execute the attached amendment
to the TED Center's CDBG funding agreement
(Example: Recommend approval with funding fr~r~om Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: / z~-~_~__.-./~--
City Attorney Review/ Recommendation (i cable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available:(~NO
Funding alternativ~s~. ~ I~ ir~,'~ ~,~ ~(i.~ap~licg~l~)~i~ ~ ~
Account No. & Description: ~ I~ {~'~--~-~'~--~7 .~-~ ~
Account Balance:c,- vv-~/9;~ ' - J
City Manager Review:
Approved for agenda:~NOHold Until: iz/L'I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'~t/
SUBJECT: AGENDA ITEM # v · - MEETING OF FEBRUARY 20, 1996
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: FEBRUARY 16, 1996
Attached is the Report of Appealable Land Use Items for the
period February 5 through February 16, 1996. 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.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
!
FROM: /~ASMIN ALLEN, PLANNER
SUBJECT: MEETING OF FEBRUARY 20, 1996 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY
§, 1996 THRU FEBRUARY 16. 1996
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of review of
appealable actions which were made by various Boards during the period
of February 5, 1996, through February 16, 1996.
BACKGROUND
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 February 20, 1996
Page 2
PLANNING AND ZONING BOARD
No Regular Meeting was held during this period.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF
FEBRUARY 7. 1996
A. Approved (4 to 2), a request to modify the approved landscape plan by
replacing canopy trees with Royal Palms at Delray Acura, located on
the east side of N.E. 6th Avenue between N.E 6th Street and N.E. 7th
Street.
B. Tabled (7 to 0), a request to change the architectural elevations of a
commercial building by replacing the boarded-up windows and
installing wire lath and stucco over the window openings at Silver
Plating of Delray, located at the southwest corner of George Bush
Boulevard and N.E. 6th Avenue.
C. Approved (7 to 0), a request to change the architectural elevation plan
for Ocean Isles, a proposed 3 unit townhouse development, located
at the southeast corner of LaMat Avenue and Frederick Boulevard.
The request seeks to allow the construction of 2 two-story units (at one
end of the structure) and 1 one-story unit, to replace the previously
approved building elevation plan which proposed a two-story
townhouse unit in the middle of the structure with the one-story units
on either side.
D. Approved with conditions, a minor site plan modification (5 to 1) and
the landscape plan (6 to 0), for Kokomo Key, a proposed townhouse
development located on the east side of North Federal Highway
immediately south of the Delray Swap Shop. Concurrently, the Board
approved a request for an internal adjustment to allow 15 additional
back-out spaces at the east end of the internal access road.
E. Approved (7 to 0), the site plan, landscape plan and architectural
elevation plan for Casa La Brisa, a 5-unit townhouse development,
located on the east side of Seabreeze Avenue, approximately 350 feet
north of Atlantic Avenue. Concurrently, the Board approved the
following waivers:
City Commission Documentation
Appealable Items Meeting of February 20, 1996
Page 3
· Reducing the required right-of-way width for Seabreeze Avenue
from 60 feet to 50 feet.
· Eliminating the requirement to install a sidewalk along its frontage
on Seabreeze Avenue, provided that the owner enters into an
agreement/covenant acceptable to the City Attorney to install the
sidewalk when required by the City.
· Reducing the required parking by 3 spaces in that a total of 20
parking spaces are available (13 required), if tandem parking is.
utilized.
· Reducing the side yard pool setback from 10 feet to 5 feet for Lots
1 through 4.
F. Approved ( 7 to 0), a minor site plan modification, landscape plan and
architectural elevation plan for Ostermann Sausage Company,
located at the southeast corner of S.E. 3rd Street and S.E. 1st
Avenue. Concurrently, the Board approved the following waivers:
· Eliminating the sidewalk requirement along S.E. 3rd Street.
· Reducing the right-of-way width for S.E. 1st Avenue from 60 feet to
40 feet and S.E. 3rd Street from 60 feet to 50 feet.
· Reducing the required parking from 56 spaces to 40 spaces until
such time that a greater parking demand is required due to a
change of use or the occupation of the future expansion area.
· The orientation of the overhead door towards S.E. 3rd Street.
HISTORIC PRESERVATION BOARD MEETING OF FEBRUARY 7. 1996
1. Tabled (4 to 2), a request for a Certificate of Appropriateness
associated with the construction of a pre-manufactured two-story
single family residence at 354 N.E. 1st Avenue. The Board delayed
acting on the request so that they may visit other sites which have pre-
manufactured structures.
Additionally, the Board considered the following non-appealable item.
Approved ( 5 to 1), a request for a variance to allow a reduction of the
side yard setback from 7.5 feet to 7 feet for the proposed building at
354 N.E. 1st Avenue.
City Commission Documentation
Appealable Items Meeting of February 20, 1996
Page 4
2. Approved (6 to 0), a Certificate of Appropriateness to allow the
construction of a two-car garage associated with a single family
residence, located at 102 George Bush Boulevard.
3. Approved (5 to 1), a Certificate of Appropriateness to allow the
demolition of a contributing residential building at 107 N.W. 1st
Avenue, with the condition that the applicant wait 60 days in order to
pursue relocating the structure.
4. Approved (5 to 0) a Certificate of Appropriateness in conjunction with
exterior renovations to the Haitian Art Center Building (2 East
Atlantic Avenue) and the small single story building located
immediately to the south (1'1 South Swinton Avenue).
5. Approved (5 to 0), the landscape plan and paving plan for Ames
International Design associated with the conversion of a contributing
structure to an architect's office. The site plan was previously
approved by the Board.
RECOMMENDED ACTION.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
Of FEBRUARY 20, 1996
L-30 CANAL
LAKE IDA ROAD
£~__.-_
!
LOWSON BOULEVARD m
UNTON BOULEVARD -r
1
?
L-,,.x~ CANAL C-15 CANAL
S.P.R.A.B.: H.P.B.:
cml,r LmM~
A. - DELRAY ACURA 1. - 354 N.E. 1st AVENUE
B. - SILVER PLATING OF' DELRAY 2. - 102 GEORGE BUSH BOULEVARD
MILE
I C. - OCEAN ISLES 3. - 107 N.W. 1at AVENUE
I
I
D. - KOKOMO KEY 4. - 2 EAST ATLANTIC AVENUE AND
SCALE E. - CASA LA BRISA 1 1 SWINTON AVENUE
F. - OSTERMANN SAUSAGE COMPANY 5. - AMES INTERNATIONAL DESIGN
N
CITY OF DE[RAY BEACH. FL
PLANNINO DEPARTMENT
CITY OF DELRfl¥ BEACH
CITY ATTORNEY'S OFFICE ~°° ~TM^¥~' ~'"^' ]~^~"' ~o],~^ ~4~
FACSIMILE 407/278-4755 Writer's Direct L~e: (~7) 243-7091
DELRAY BEACH
lll.l~rica Ci~ MEMO~~
''ll':''''' DATE: Feb~a~12, 1996
~ ~a~ TO: City Co~ission
FROM: Susan A. Ruby, Ci~ Attorney
SUBJECT: Sala~ Adjus~ent for Assistant City A~orney
I am requesting a mid-year salary adjustment for Brian Shutt, Assistant City Attorney.
Brian currently makes $35,000 per year. Brian has worked for the City for one and one-
half years as an Assistant City Attorney and for approximately one year prior to that as a
law clerk in an unpaid position through the Nova Law School externship program.
Brian is doing an outstanding job for the City.
I am proposing a salary increase to $40,000 per year to be effective March 1, 1996.
This amount more approximately reflects a salary commensurate with Brian's experience
and value to the City.
By copy to David Harden, City Manager, please place this matter on the February 20,
1996 consent agenda for City Commission action.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
salary, sar
Printed on Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 20, 1996
AWARD OF BIDS AND CONTRACTS
DATE: FEBRUARY 16, 1996
This is before the Commission to approve the award of the follow-
ing bids:
1. Bid award via Palm Beach County School Board Contract to
Corporate Express for office supplies, at an estimated
annual cost of $35,000 from various departments' operating
expense accounts.
2. Bid award to Gateway 2000 for the purchase of six P5-100 Mhz
Pentium Processor Computers, replacements for the Police
Department Support Division, via GSA Contract at a total
cost of $13,242 from 334-6112-519-64.11.
3. Purchase award to Van Hooser Associates, Inc. for leadership
training classes for Police Department personnel, in the
amount of $12,500 from the Federal Forfeiture Fund 115-2112-
521-49.90.
4. Bid award to Maroone Chevrolet, Ed Morse Chevrolet, Regency
Dodge, John Deere Company, and Boca Honda, for replacement
vehicles, in the total amount of $115,675 from various
department line items.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Joseph Saff~nance Director
FROM: Jacklyn Rooney, Senior Buyer ~
DATE: February 13, 1996
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 20 1996 - BID AWARD - OFFICE SUPPLIES
VIA PALM BEACH COUNTY SCHOOL BOARD CONTRACT
Item Before Commission:
The City Commission is requested to award the annual contract for office
supplies to Corporate Express, at an estimated annual cost of $35,000.
Background:
Bids for this contract are available via the Palm Beach County School Board
Contract #SB 95C-237G which was awarded March 15, 1995, to Joyce Office
Products (now called Corporate Express), per attached agenda
documentation, and tabulation of bids received. This contract period is
April 11, 1995 through April 10,1996, with a one year renewal clause.
Our current contract for office supplies for the Purchasing Warehouse and
City Department requests is with Corporate Express, which expires February
15, 1996. We currently receive a 35% discount off non-stock items and 40%
discount off stock items. The Palm Beach County School Board Contract is
for a 52% discount off current price list.
Purchasing has done a "Price List Analysis" listing three (3) vendors and
their list price for twelve (12) office products (attached). Also listed
is a comparison of prices for the Palm Beach County Contract with Tucker &
Johnson at 49.1 % discount, and Palm Beach School Board Contract with
Corporate Express at 52% discount.
Corporate Express has agreed to extend the contract to the City of Delray
Beach per attached memo dated January 11, 1996.
Recommendation:
Purchasing Staff recommends award to Corporate Express at an estimated
annual cost of $35,000 per attached "Price List Analysis". Funding from
the various departments operating expense accounts.
Attachments:
Palm Beach County School Board Agenda Dated February 6, 1995
Memo From Corporate Express Dated January 11, 1996
Price List Analysis
cc Leon Slydell
Agenda Item No.: ~/
AGENDA REQUEST
Date: February. 13: . 1996
Request to be placed on:,
X Regular Agenda Special Agenda WorkshoD Agenda
When: February. 20~. 1996
Description of agenda item (who, what, where, how much): Bid Award-
Office Supplies Annual Contract to Corporate Express, via Palm Beach County School
Board Contract #95C-237G at an estimated annual cost of $35~000.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Corporate Express at estimated annual cost of $35,000.
for office supplies via Palm Beach County School Board Contract #95C-237G
Fund~n~ from various departments oD~r~ti~expense.
.Department Head Signature: ~~~'~ ~~~ ~///
Determination of Consistency witMC/o~prehensive Plan: ·
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available:~/ NO
Funding alternati~.~-~' _ . ~._ ~/)09if applicable)
Account Balance:
City Manager Review:
Approved for agenda:
Hold ~nt±l:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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14000 N.W. 57th Court
Miami Lakes, Florida 33014
{305) 555-5544
®
Janua~ 11,1996
Ms. Jacklyn Rooney
Senior Buyer
Purchasing Department
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Dear Ms. Rooney:
According to our records, your Bid #93-07 for Office Supplies is to expire 2/1/96. The
recent conversations between Corporate Express and yourself indicated that you would
like to piggyback on to the Palm Beach School Board contract. This suggested contract
is with Corporate Express, and carries a 52% discount off of the current list price with a few
exceptions. The exceptions would still be subject to a discount ranging from 5% - 25%.
I have seen to it that your organization was furnished with the current Corporate Express
In-Stock catalog for 1996.
Upon notification from you of the approval of this piggyback contract, we will make the
necessary changes to your account. We will require forty-eight hours to update your
account.
Thank you again for choosing Corporate Express, America's largest office supply dealer
to service your supply needs. If you have any questions, please feel free to contact me
at 1-800-338-8579.
Sincerely, ,/~~
Kristen M. Ray
Account Executive
KMR/mc
AGENDA ITEM 12C-].
,)
INVITATION NO. SB 95C-127G
DATE: FebruanJ 6, 1995
DATE SOLICITED: December 19, 1994
DATE OPENED: January 25, t995
DATE POSTED: February 15, 1995
PRESENTED TO BOARD: March 15, 1995
PROJECT: TERM CONTRACT FOR OFFICE SUPPLIES
(Office Supplies for Schools & Departments)
CONTRACT PERIOD: April 11, 1995 through April 10, 1996
FUNCTION: Various OBJECT: 5110 FUND: Various ESTIMATED TOTAL $1,000,000
FUNDING SOURCE: Operating Budget - Supplies and Materials
REQUESTED BY: Coordinator of Procurement
21 Bids Solicited, 18 Responses (12 Bids, 6 No Bid) 3 No Response
MINORITY
VENDOR STATUS TERMS DELIVERY ITEM 1
.-,~../ APEX OFFICE PRODUCTS 3 Net 30 5 days 45%
APRICOT OFFICE SUPPLIES 2 Net 30 1-10 days 40%
BARNETT'S OFFICE SUPPLIES -- Net 30 --- 48.1%
DECORA OFFICE FURNITURE - - Net 30 1"3 days 48%
EXCEL 6 Net 30 - - - 48%
FRC OFFICE PRODUCTS -- Net 45 2-10 days 38%
HALSEY & GRIFFITH, INC. - .... 2 days 39%
JOYCE OFFICE PRODUCTS - - Net 30 2 days 52%
OFFICE DEPOT ..... 2-3 days 50%
RC ENTERPRISES 2 --- 20 days 30%
TUCKER & JOHNSON - - Net 30 1-3 days 47.5%
WlNDTREE ENTERPRISES - - Net 30 30-45 days 12%
LEGEND:
= Award
( ) = Reject
MINORITY -(2-Black, 3-Hispanic, 4-Indian/Alaska, 5-Asian, 6-Women, 7-Disabled, 8-Other)
AGENDA ITEM 12C-!
Page 2
INVITATION NO. SB 95C-127G
RECOMMENDATION: I recommend award be made to the bidder who offered the highest dis-
count and met specifications, terms, and conditions.
Respectfully submitted,
C. Monica Uhlhom
Superintendent of Schools
Recommended b.y:
William
Betty J. Kee~(.~, ntact Person)
Gus Lopez
Gaea Pea(~
Failure to file a protest within the time prescribed in s. 120.53(5), Florida Statutes, shall constitute a waiver of proceedings
under Chapter 120, Florida Statutes. Offers from the vendors listed herein are the only offers received timely as of the above
\
opening date and time. All other offers submitted in response to this solidtation, if any, are hereby rejected as Pate. ..)
?
AGENDA REQUEST
Date: February 15, 1996
Request to be placed on:,
X Regular Agenda Special Agenda Workshop Agenda
When: February 20, 1996
Description of agenda item (who, what, where, how much):
Award to Gateway 2000 for purchase of six P5-100 Intel Mhz Pentium Processor
Computers at a total cost of $13,242. via GSA Contract #GS-00K-94-AGS-5150-PS01
for the Police Dept.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Gateway 2000 for purchase of six P5-100 Intel Mhz
Pentium Processor Computers at a total cost of $13,242 via GSA Contract #GS-00K-
94-AGS-5150-PS01 for Police Department. Funding from 334-6112-519-64.11
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ES~/ NO
Funding alternatives~--
· , ,~ ' ~ ~ , ,, /~ (if app.licwb~e),
~Account No. & Desgr~pt%oD:
~ccount Balance:
City Manager Review:
NO /]'~"~:' ~= ~ '
Approved for agenda: ~/
Hold Until:
Agenda CoordinatorReceived: Review:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUGM: Joseph Safford, Finance Director
FROM: Jacklyn Rooney, Senior Buyer ~
DATE: February 15, 1996
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 20, 1996 - PURCMASE AWARD -
GATEWAY 2000 - SIX COMPUTERS
Item Before Commission:
The City Commission is requested to approve the purchase of (6) six P5-100
Intel Mhz Pentium Processor personal computers and accessories for the
Police Department from Gateway 2000, for a total cost of $13,242.
Background:
The Police Department has a need for these replacement computers for the
Support Division. The computers are available through the GSA Contract
#GS-00K-94-AGS-5150-PS01 per the attached quote #RW00129.0B from Gateway
2000, dated January 29, 1996.
The Inforraation Systems Manager has approved this purchase.
Recommendation:
Staff recommends the purchase of these computers from Gateway 2000, at a
total cost of $13,242. Funding from the Renewal and Replacement Fund
account #334-6112-519-64.11.
Attachments:
Quote #RW00129.OB From Gateway 2000
cc Tina Lundsford, Asst. Director of Support Services
Chief Overman, Police Chief
To: TLna Lunsford From: Gateway 2808~Ralph Oxlev 1-Z9-9§ l:29pm p. 2 of 4
Date: January 29, 1996
Attn: Tina Lunsford
Fax#: 407-243-7816
GW Quote#: RWOO129.0B
1:5-100
Intel IOOMHz Pentium processor
16MB EDO Performance DRAM ~xpandable to 128MB
256KB Pipeline Burs~ SRAM cache
1.2GB lOms EIDE Western D~igital hard drive
PCI Enhanced IDE !interface
PCI' local-bus graphics accel!erator with 1MB DRAM
6X CD-ROM d~ive
3.5" 1.44MB diskette' drive
15" CrystalScan Color Monitor (13.9" viewable)
Slots: two 16-bit ISA, three 32-kit PCI & one PCI/ISA slots
Desktop case with 145-weir power supply
104+ Keyboe rd
Microsoft mouse and Gateway mouse pad
Windows 95 and MS Office 95, Professional Edition
Gateway Gold service and support
PRICE: $~07.00 delivered
SERVICE i~lati
Gateway Gold Premium ................... add: $ 99
Gateway Gold onsite ~~ n [[[..[..[.. [...add: $ 129
MasterCard, VISA, American Express and Discover accepted.
C.O.D. cashier's check acceptable in ~he continental United States.
Net 30-day credit terms and leasing o~tions are available to
qualified commercial customers. .Prices and specifications are
subject to change without notice or otligation. Sales tax will be
collected where applicable.
When placing your order, please attac~ this quote to your Purchase
Order.
Ralph Oxley
Account Executive
800-779-2000 Ext. 25599
RWO\sjs
Delray Beach Police Dept
erv, s
300 West Atlantic Avenue
Derlay Beach, FI. 33444-3695
407.243.7833 Fax 407.243.7816
To: ATTN: DAVE ARCHER Ship To:
Gateway 2000 Tina L. Lunsford
610 Gateway Dr P.O. Box 2000 Delray Beach Police Department
North Sioux City, South Dakota 57049-2000 300 West Atlantic Ave
800-846-2067 FAX: 605-232-2415 Delray Beach, FI 33444-3695
GSA Schedule ffGS-OOK-94-A GS-S l SO~PS01
QTY UNIT 'DESCRIP'I~ION UNIT PRICE TOTAL
6 Ea P5-100 Intel 100 Mhz Pentium Processor $2,207.00 $13,242.00.
16MB Memory $ 0.00
32-Bit PCI Graphics Accelerator w/1MB Dram $ 0.00
1GB 9ms DMA Mode 2 EIDE Hard Drive $ 0.00
PCI Enhanced IDE Interface $ 0.00
6X EIDE CD-ROM Drive $ 0.00
3.5" Diskette Drive $ 0.00
15" .28dp CrystalScan Color Monitor $ 0.00
7 Bay Desktop Case $ 0.00
104+ Keyboard & MS Mouse 2.0 $ 0.00
MS Windows 95, MS Office 95 Professional $ 0.00
Gateway Gold Service & Support $ 0.00
SUBTOTAL $13,242.00
SALES TAX
$95.00 EACH SHIPPING & HANDLING included
OTHER
TOTAL $13,242.00
Quote #RWO0129.OB
Author[zed by Date
DELRAY BEACH
Delray Beach Police Department ~
NI-AmedcaCity
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: Richard Zuccaro, Information Systems Manager
FROM: Tina L. Lunsford, Assistant Director of Support Services
DATE: February 2, 1996
SUBJECT.: REQUISITION
Attached is corrected requisition #41328 which includes the new pricing from Gateway
as of 01/29/96. Please sign off and add the correct account code to the requisition.
GENERAL CONSTRUCTION (RENEWAL AND REPLACEMENT) FUND
APPROVED PURCHASES FOR FISCAL YEAR 1995-96
Department Dept/Div No, Item(s) Approved Amount
Finance-Admin 1511-513 (5) Executive U-Shape Desk Units $5,000
~City Attorney 1611-514 (1) Secretarial Workstation $1,800
Public Works-Adm 3111-534 (1) Desk (Admin Asst) $1,500
P&R-Beach 4123-572 (1) Desk $1,000
Idepartment Dept/Biv No. Item(s) Approved ..............
"'City Manager 1211-512 (1) Personal Computer (city Manager) $2,400
.... Human Resources 1311-512 {(1) Personal Computer (Director) I $2,800
(1) Personal Computer (Staff Asst.)I $2,800
.. ~:inance-Admin 1511-513 (1) Personal Computer (Accountant II) $2,800
(1) Personal Computer (Accountant II) $2,800
(1) Personal Computer (Acct Clerk Sr.) $2,800
(1) Personal Computer (Acct Clerk Sr.) $2,800
(1) Personal Computer (Acct Clerk Sr.) $2,800
(1) Personal Computer (Treasurer) $2,800
Finance-Purchasing 1531-513 (1) Personal Computer (Staff Asst) $2,800
Finance-MIS 1811-513 (1,) Personal Computer (M.I.S. Manager) $3,000
(1) Personal Computer (Systems Analyst) $3,000
(1) Personal Computer (CIA Analyst) $3,000
Fire-Admin 2311-522 (1) Personal Computer (Assr ChicD $3,000
(,1) Personal Computer (Asst Chief') $3,000
(1) Personal Computer (Div Chief-EMS) $3,000
.Fire-Operations 2315-526 (1) Personal Computer (Div Chief-Training) $3,000
Fire-Safety 2317-722 (3) Personal Computers (Fire Lt. Inspectors) $9,000
Planning & Zoning 2511-515 I (2) Personal Computers $5,000
(2) Token kin9 Cards ' $1,200
"Comm Imp-Bldg Insp 2721-524 (1) Personal Computer (Horticulturist) $2,800
(1) Personal Computer (L~nd~scape Inspector) $2,800
(1) Personal Computer (Sign/Lic_ense Inspector) $2,800
Env Svc-Engineering 2911-519 I (1) Personal Computer (City'Engineer) $3,800
(1) Personal Computer (Staff Assr) $3,800
Public Works-Admin 3111-534 t (1) Personal Computer (Admin Assr) $2,700
Pub Wks-Fac Maint 3431-519I (1) Personal Computer (Supervisor) $3,000
iP&R-Maintenance 4131-572 (1) Personal Computer (Parks Supt.) $2,800
(1) Personal Computer (Admin Assr) , $2,800
(1) Personal Computer (.Irri;~a~.icn Spec~
Department DePt/giv NO. Item APProved
Finance-Purchasin~ 1531-513 Facsimile Machine $1,700
AGENDA REQUEST
Date: February 16, 1996
Request to be placed on:,
X Regular Agenda Special Agenda Workshop Agenda
When: February 20, 1996
Description of agenda item (who, what, where, how much):
Approve reguest for leadership trainin~ classes for the Police Department personnel
from Van Hooser A~soe~ates. Inc. at a total cost of $12,500.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approve the request for leadership training classes for Police
Department management personnel to Van Hooser Associates, Inc., for a total cost
of $12,500. Fundin~ from account #115-2112-521-49.90
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: ~OfD~
City Manager Review:
Approved
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUGM: Joseph Safford, Finance Director
FROM: Jacklyn Rooney, Senior Buyer ~-
DATE: February 16, 1996
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 20, 1996 PURCHASE AWARD -
VAN HOOSER ASSOCIATES, INC. LEADERSHIP TP~AINING
Item Before Commission:
The City Commission is requested to approve the request for leadership
training classes for the Police Department to Van Mooser Associates, Inc.,
at a total cost of $12,500.
Background:
The Police Department has requested a series of leadership training classes
for management personnel. The classes will be given in five (5) segments
within the budget year at a unit cost of $2,500 each session..
The Police Chief has chosen these training classes for presentation as he
feels they are most advantageous for the department, per attached memo
dated February 15, 1996.
Recommendation:
Staff recommends the approval of these training classes with Van Mooser
Associates, Inc., at a total cost of $12,500. Funding from account
#115-2112-521-49.90.
Attachments:
Memo From Police Department Dated February 15, 1996
Invoice From Van Hooser Associates, Inc.
cc David Junghans, Administrative Officer
Chief Overman, Police Chief
DELRAY BEACH
Delray Beach Police Department
AII-AmericaCity
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: Senior Buyer Jackie Rooney
Finance s~
FROM: Administrative Officer David Junghan
DATE: February 15, 1996
SUBJECT: LEADERSHIP TRAINING
The Chief of Police has requested a series of Leadership Training classes be presented to
the Department's management personnel. The training he has chosen for presentation is
put on by Phillip Van Hooser. The Chief has selected Mr. Van Hooser, s training as the
type that most supports the direction he wants for this Department's management.
Any questions should be addressed to me, x.-7852.
vis
Van Hooser Associates, Inc.
Invoice ~0 Box 5094
Ocala, FL 34478
Invoice Number:. 305070 352 694-4347
Date:. January 29, 1996 Fax: 352 694-6375
To: Delray Beach Police Department Terms: Net Due .Upon Receipt
300 West Atlantic Avenue
De!~¥ Beach, .fL 33 .a4.4
DESCRIPTION FEE
2/12/96: Learning To Lead In A Changing Environment $ 2,500.00
4/8/96: Leading The "New Breed" $ 2,500.00
6/3/96: What We Have Here Is A Failure To Communicate $ 2,500.00
9/9/96: The Anatomy Of A Service Professional $ 2,500.00
IO/7/96: Stocking Organizations With Keepers $ 2,500.00
(Each of these training dates will be approximately 6 hours 10ng.)
trOlrAl. ~OIIE $12,500.00
Thank You For Choosing Van Hooser Assoc/ates, Inc!
The inspirational
business speaker
with uncommon,
common sense!
,January 12, 1996
Chief Richard Overman
Delray Beach Police Department
300 West Atlantic Avenue
Delray Beach, FL 33444
Dear Chief,
I am still very excited about having the opportunity to come to your community to work with
your officers during the months ahead. I am confident that these training experiences will prove to
be worthwhile for all of us who will be involved.
Enclosed is the overview/proposal for the 1996 training that we have previously discussed.
In it I have expounded on program content, as you will see. I hope you will agree these programs
have been designed to be broad enough to meet many different needs, and yet consistent enough to
provide continuity from one session to the next.
As you review the information, if any questions arise, please let me know. I will do my best
to make any changes that may be appropriate.
Chief, you will also find a Presentation Agreement included for the first program. I would
appreciate you reviewing, signing and returning it to us as soon as possible.
Thanks again for your support and confidence. I know the months ahead will be good ones.
All the best.
Sincerely,
Phillip Van Hooser, CSP
MEMBER
O
Post Office Box 5094 · Ocala, Florida 34478-5094 · I (800] 236-6765 · Fax (,~52] 694-6575 ~^T~o~^t
SPEAKI~RS
The inspirational
business speaker
with uncommon, ..
common sense!
TRAINING PROPOSAL
('~' ;. DELRAY BEACH POLICE DEPARTMENT
/:"' DELRAY BEACH, FLORIDA
PROFESSIONAL LEADERSHIP SKILLS ENHANCEMENT
Session 1: Monday, February 12, '1996
Session 2: Monday, April 8, 1996
Session 3: Monday, June 3, 1996
Session 4: Monday, September 9, 1996
Session 5: Monday, October 7, 1996
Full Day (6 Hours)
Session 1: Leadership In A Changing Environment
· Characteristics of Effective Leaders
· The Essential Element of Leadership
· Leadership in Practice
· 2 Types of Authority
· 20 Common and Apparent Leadership Sins
MEMBER
O
Pose Office Box .~094 · Ocala, Flor/do .54478-5094 · I fSO0) 256-6765 · Fax f.552) 694-6375
SPE^K~RS
Dekay Beach Police Department
1996 Leadership Skills Training Series/Proposal
Phillip Van Hooser
Session 1: (Continued)
· The Leader's 10 Commandments
· Contrasting Power and Empowerment
· 6 Levels of Empowerment
· The Nature of Change
· Steps to Personally Managing Change
Session 2: Leading The "New Breed"
· What Motivates You?
· What Demotivates You!
· Common Personal Demotivators
· The Nature of Human Nature... Common Behavior Patterns of People
· 3 Methods to Determine Individual Needs
· 4 Universal Fears
· 2 Universal Needs
· 2 Types of Motivation
· Common Organizational Motivators
· Characteristics of the "New Breed"
· Evolving Leadership Styles
· Methods of Measuring Morale
· 5 Steps in Establishing Trust
· 8 Steps to Greater Achievement
Session 3: What We Have Here Is A Failure To Communicate
· Common Communication Problems
· The 6 Step Communication Process
· Barriers to Communication
· Team Building in Action
· Applying the "Synergistic Approach"
· Coming to Grips with the "3 C's"
· Team Building Defined
· Earning the Right to be Heard
· Communication is... 3 Distinct Elements
· Effective Listening
· 6 Steps to One-on-One Communication Success
Delray Beach Police Department - '
1996 Leadership Skills Training Series/Proposal
Phillip Van Hooser
Session 4: The Anatomy Of A Service Professional
· Defining Our Role
· Idenfi~dng.Our "Customers"
· Considering Your "Customer" Impact
· The High Cost of Poor Citizen Perception
· 7 Things Citizens' Don't Want
· 7 Things Citizens Want
· Characteristics of Customer-Focused Professionals
· Positive Customer Service Practices
· Possible Reactions to Complaints
· Dealing with Citizens on the Telephone
· Dealing with Difficult Citizens
· Pitfalls of a Losing Attitude
· Cornerstones of a Winning Attitude
· Personal Image Building Ideas
Session 5: Stocking Organizations With Keepers
· The Art of Effective Selection - Objectives in Employee Selection
- 7 Factors in Selection Decisions
- The Selection Interview... Before, During and After
- Lawful Reasons for Rejecting Candidates
- Keys to Successful Employee Orientation
· The Art of Objective Performance Evaluation
- General Observations Concerning Evaluations
- Characteristics of Effective Performance Criteria
- Conducting the Performance Evaluation Interview...
Before, During and After
- Problems That Can Ruin the Evaluation Interview
- Written Evaluation Basics
- Introducing the "Critical Incident File"
· The Art of Correcting Correctly
General Thoughts Concerning Discipline
Organizational Discipline - What Is It?
- Comparing Approaches: Traditional vs Consultative
Basic Principles of Discipline
- Avoidable Disciplinary Problems
Discharge Basics
- Written Communication
Elements of Good Documentation
Delray Beach Police Department
1996 Leadership Skills Training Series/Proposal
Phillip Van Hooser
Investment Per Session ................ $2,500
Note: This per session investment does not include travel related expenses. Actual travel costs (airfare,
meals, etc.) will be submitted with receipts, following each training session.
Additionally, by agreement, the per session investment for individual sessions will be reduced to $2,000 if
the City of Delray Beach and/or the Dekay Beach Fire Department books a training program on the dates
accompanying those listed under the "Training Schedule" section of this proposal.
Van Hooser Associates, Inc. will honor the specifics of this proposal until January 29, 1996. If, at that time,
no decision has been made concerning the confn'mation of presentation dates, Van Hooser Associates, Inc.
reserves the right to make specific changes to this proposal as may become necessary.
Phillip Van H~)oser, CSP Date
£1TY UF DELIII:IY BEACH
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
/tll-/tmerical~ity
1993
TO: David T. Harden, City Manager
FROM: ~ Robert A. Barcinski, Assistant
City
Manager
SUBJECT: Agenda Item # City Commission Meeting, 2/20/96
Bid Award- Replacement Vehicles
DA TE: February 19, 1996
ACTION
City Commission is requested to approve a bid award for replacement
vehicles per staff recommendation.
BA CKGRO UND
Vehicle replacements are requested on an annual basis for City vehicles
due to age, mileage, repair costs and/or a combination of the above.
The following vehicles are being recommended for replacement:
V~.hi~l~. ¢~ D~.,nt, Yr. M~k~. M~¢]~.I MiI~r~O~. I Tr) ~n.~t
338 Bldg. Insp. 1986 Ford Tempo 75,559 $24,771
671 Env. Svcs./Const. 1988 Dodge Omni 31,000 9,729
786 Parks Maint. 1981 John Deere Tractor 47,266 12,150
799 Beach Patrol 1993 Honda A TV N/A 1,943
1004 Po#ce 1990 Caprice 89,700 22,228
1005 Police 1990 Caprice 75,900 18,877
RECOMMENDATION
Staff recommends bid award as follows:
State Contract Unit Ext.
NC). Year/Vehicle Q~. . Vendor Cost Cost
070-200-140 1996 Cavalier SDN 2 Maroone Chev. $11,986 $23,972
Agenda Item
Page 2
State Contract Unit Ext.
No. Year/Vehicle Qty. Vendor Cost Cost
070-344-420 1996 Suburban 2 Ed Morse Chev. $30,365 $60,730
070-500-410 1996 Dodge 1/2 Ton 1 Regency Dodge $12,041 $12,041
Pickup
765-500-300 1996 John Deere 1 John Deere Co. $14,382 $14,382
Tractor, Model 1070
1996 Honda ATV 1 Boca Honda $ 4,550 $ 4,550
Utility Vehicle
$115,675
RAB:kwg
ME MQRAND UM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~//
SUBJECT: AGENDA ITEM ~ ~'~- - MEETING OF FEBRUARY 20. 1996
FRIENDS OF SANDOWAY HOUSE NATURE QENTER/SUBLEASE
AGREEMENT AND OPERATING SUPPORT REOUESTS
DATE: FEBRUARY 16, 1996
At the February 13th workshop, the Commission was given an update
on the efforts of The Friends of Sandoway House Nature Center to
bring the project to fruition. In addition to the status report,
Sandoway House representatives asked that the City agree to
provide additional support primarily with respect to operating
costs. Consideration was deferred to February 20th to allow
staff time to evaluate specific requests and make
recommendations. Included in the backup material is a letter
from Carolyn Patton which outlines the "in kind operating
support" being sought.
Mr. Barcinski's memorandum sets out the 15 items along with the
staff recommendation for each. These recommendations are based,
for the most part, on terms and conditions of other lease
agreements such as the Monterey House, Old School Square, Cason
Cottage and the Boys and Girls Club. I do want to point out that
relative to item 13 (sponsorship of an annual event, not to
exceed $5,000), we do not recommend cash support. Rather, we
recommend in kind staff support.
Also included with this item is a draft copy of the proposed
sublease between The Friends of Sandoway House and the City.
I recommend that Commission accept the staff recommendations
concerning the operating costs, and that the sublease agreement
be approved as drafted.
ref:agmemo7
CITY OF I]ELA;lY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ali-America City MEMORANDUM
® TO: David T. Harden, City Manager
199,~ FROM: ~Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item # City Commission Meeting, February 20, 1996
Friends of Sandoway House - Sublease - Operatin~l Support Requests
DATE: February 16, 1996
ACTION
City Commission is requested to consider a request from the Friends of Sandoway House
Nature Center, Inc. for City support concerning operating costs and to provide staff
direction regarding these requests. The sublease will then be based on this direction.
BACKGROUND
The Friends of Sandoway House Nature Center, Inc. 's request for support from the City,
with staff recommendations, herein follows:
OPERA TING STAFF RECOMMENDATIONS
I. Maintenance of grounds Yes, to include irrigation.
2. Permitting Fees Yes
3. Ucensing Fees Yes
4. Water/Sewer/Trash collection charges No
5. Structural and cosmetic maintenance of Exterior only, to include roof and walkways
house, including normal repainting and paths, but not the pool.
(offer restoration
6. Insurance Building only, not contents, officials liability
or employees health or life insurance.
7. Use of City equipment and employees Yes
to remove ali non-native vegetation
from the properly and lightly grade the
surface
8. Signage for the building and property No, include in restoration.
9. Printing No, operating cast.
10. Mailing No, operating cost.
11. Use of any unused computers, copy Yes, if and when available.
machines, fax machines, office equip-
ment and furniture or other equipment
that the City currently has that may be
replaced
12. The ability to purchase items that may Will depend on the item - operating
be needed through the City, thus supplies could be purchased.
utilizing the City's discounts and sales
tax exemption
THE EFFORT ALWAYS MATTERS
Prlnted on Recyclecl Paper
OPERATING [Cont.) STAFF RECOMMENDATIONS (Cont.
13. Sponsorship of an annual event, not to Yes
exceed $5,000
14. Grant writing support Yes
15. Necessary sidewalk, parking improve- No, include in initial restoration then City
ments could maintain (need more clarification of
this request).
Staff recommendations are based, for the most part, on terms and conditions of other
lease agreements, Le., Monterey House, Old School Square, Cason Cottage and the
Boys and Girls Club. In general, with these leases, the City is responsible for exterior
building and grounds maintenance and the lessees are responsible for all interior
maintenance and repair, cleaning services, all utilities, insurance of contents, and all
other staffing and operating costs.
Exceptions to these leases are:
· Boys and Girls Club - leasee also responsible for exterior maintenance and other
structures.
· Monterey House - Leasee pays the City an additional $230 a month to cover the cost
of repair and replacement of structural components.
· Old School Square - City provides an annual operating subsidy in addition to
maintenance responsibilities.
RAB:kwg
File:u:graham/agenda
Doc.:Sandoway. Cap
The Friends of Sandoway House Nature Center, Inc.
A NOT-FOR-PROFIT
ORGANIZATION DEDICATED TO Delray Beach City Commission 2/14/96
SUPPORTING A NATURE CENTER 100 N.W. 1st Ave.
IN A HISTORIC BEACHFRONT SETTING
Delray Beach, F1 33483
President Dear Commissioners:
Carolyn H.R. Patton
Vice.l~esident Outlined below are the "in kind operating support" items that The Friends
Diane Wold dennings of Sandoway House Nature Center, Inc. Board of Directors desperately
~retary needs and would respectfully request that you ratify at this week's
Pamela $. 15ndlay commission meeting. It is imperative that we are given the proper
direction with regard to these items so that we may finalize our lease and
Hank Steffens confirm same with our donors and contributors.
Board of Directors 1) Maintenance of grounds
Pamela $. Findlay 2) Permitting fees
John C. Flint, dr. 3) Licensing fees
Jean M. Irwin 4) Water/Sewer/Trash collection charges
Diane Wold dennin~ 5) Structural and cosmetic maintenance of house, including normal
Fa:Ina- French Johnstone repainting (after restoration)
6) Insurance
Debra $. Koflelman 7) Use of city equipment and employees to remove all non-native
Hon. Thomas E. Lynch,
Mayor, C, ity of Delray Beach vegetation from the property and lightly grade the surface
Laura ti. McCormick 8) Signage for the building and property
Frank g. McKinney 9) Printing
10) Mailing
Nilsa C. McKinney 1 1) Use of any unused computers, copy machines, fax machines, office
Kathy Olivella equipment and furniture or other equipment that the city currently has
Carolyn H.R. Patton that may be replaced.
Rev. Bernard a. Pecaro 12) The ability to purchase items that may be needed through the city,
Alieda N. Riley thus utilizing the city's discounts and sales tax exemption.
Howard Schwartz, Esq. 13) Sponsorship of an annual event, not to exceed $5,000
Hank Steffens 14) Grant writing support
Rachel $. Speicher 15) Necessary sidewalk, parking improvements
William S. Weisman, Esq. Sinc~ely,
SANDOWAYNATURE CENTER HOUSE ~.~
Carolyn H. R. Patton
~ President
The Friends of Sandoway House Nature Center, Inc.
A New Community
Resource for CC: City Manager David Harden, Asst. City Manager Bob Barcinski and
ezam Beach County Asst. City Attorney Brian Shutt
Address Correspondence To:
gO.Box 73
Delray Beach, Florida
334474)073
£1TY DF I)ELR#Y BEA£H
CITY ATTORNEY S OFFICE
~ 200 NW 1st AVENUE · DEL~
FACSIMILE 407/278-4755 Will's Dke~ L~e: (407) 243-7091
DEFRAY
Ali. America Ci~ MEMO~NDUM
~ aa~ TO: Dasd H~den, City Manager
FROM: B~ Shutt, Assistant City Atto~ey
S~CT: Sublease Agreemem with The F~ends of S~doway House, Inc.
Attached please ~nd a dr~ copy of the proposed sublease between The Friends of
Sandoway House, Inc. ~d the City. I would appreciate your review and co~ents on the
sublease agreemem before I send it to the Friends of S~doway, the County ~d FCT for
their review.
The maintenance and upkeep requirements for the Friends of Sandoway House are
contained in page 4 of the sublease agreement. I drafted the responsibilities of the parties
based on letters received from you and Bob Barcinski on December 11 and December 14,
1995.
I have also included page 4 of the lease agreement between the City and the Boys and Girls
Club which lists the responsibilities of the City and the Boys and Girls Club, for comparison
purposes. Please let me know if you want the Friends of Sandoway's responsibilities
modified to coincide with the Boys and Girls Club's responsibilities.
Please call if you have any questions.
cc: Bob Barcinski, Assistant City Manager
sand5.11r
Printed or] Recycled Paper
RECEIVED
JIF DELRI:IV BEKI[H
~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33A~4 · 407/243-7000
,~ TO: David T. Harden, City Manager
99
FROM: ¢~.~.~-Robert A. Barcinski, Assistant City Manager
SUBJECT: SANDOWAY HOUSE REQUEST FOR OPERATING SUPPORT
DATE: December 11, 1995
I have reviewed the above subject request in light of our arrangements on Cason Cottage and Old School
Square. I offer the following suggestions for consideration:
Operating Support/City
Landscape and irrigation maintenance - other grounds maintenance, i.e., walk'ways, pool, etc. should
be responsibility of Leasee
Exterior of building, to include roof
· Air conditioning system
· Building permit costs
Operating Costs to be responsibility of "Friends"
· Insurance
· All interior maintenance
· All utility costs, including water and sewer
· Pay their own employee insurance. Do not think we can make them part of our package
,,./' Pathway and walkway maintenance
· Security system monthly monitoring costs
/ -
Concerning their request for the City to pay for various capital items, my initial reaction is that they should
pay for this as part of the renovation costs. In any event, all the work listed should be completed with the
renovation work and not done under separate contracts or by City fomes.
I am not sure what licensing fees they are asking the City to pay for. I also think that the estimate for the
capital items may be Iow.
With both Old School Square and Cason Cottage we did share in some of the capital costs.
RAB:kwg
cc: Brian Shutt, Assistant City Attorney
File:u:graham/asmemos
Doc.:Sandoway. Rqt
THE EFFORT ALWAYS MATTERS
~ P~nte~J on Rec~led Pace'
ARTICLE IV
REPAIR AND MAINTENANCE OF PREMISES
4.01 Responsibilities of Lessor and Lessee
~:n~,.f~ ~C,..>~--k.~ (,-~,-~(a) Lessee at its sole cost and expense, agrees to repair and maintain the
Premises and keep the building and appurtenances in good order and condition. Lessee's
responsibility includes, but is not limited to the repair, maintenance, and if necessary, the
replacement of the roof, roof drains, outside wails, foundation and structural portions of the
building (both interior and exterior), the fire sprinkler and electrical systems of the Premises
and the plumbing and sewage pipes servicing the Premises and located in the Premises.
Throughout the Term of th/s LEASE, or any extension thereof, Lessee shall be responsible for
all costs and expenses associated with the repair, maintenance, and. replacement if necessary,
of the HVAC systems of the Premises.
~'~o~, ~, r- (-o5'~'3~ C.3.~L~ Lessee shall be responsible for the painting of the building, and additions or
alterations thereto (both interior and exterior) and any additional buildings both interior and
ex-terior constructed on the Premises. Lessee shall paint the building(s) at least once every
five years, unless Lessor agrees that it is reasonable to delay the painting thereof. The exterior
building color shall be approved in advance by the Lessor. Lessee shall maintain, repair
and/or replace if necessary all existing outdoor play structures including play equipment,
basketball standards, backstops, etc. and any other such equipment which presently exists or is
later installed by the the Lessee on the Premises during the Term of this LEASE and shall
keep the aforesaid in the same condition as it e~sted at time of Lease, normal wear and tear
expected.. Lessee shall maintain and repair all structures or appurtenances placed on the
property by Lessee. Lessee shall also maintain, repair and replace if necessary ali outdoor
lighting and outdoor paved areas on all the Premises, including, but not limited to, play areas
and parking lots on the Premises as it currently e.,dsts at the time of the execution of this
Lease. The Lessee shall be responsible for the repair and maintenance of the -paved access
road and parking area to the Premises. -'
C,\3~r (b) Lessor shall be responsible for perimeter fence maintenace/repair or
replacement, for landscape and ground maintenance, and repair and replacement of the
irrigation system on the Premises, only. All other maintenance/repair and/or replacement not
expressly reserved to Lessor shall be the responsibility of Lessee.
(c) If the Lessor or Lessee shall fail to properly repair or maintain any item
required to be repaired or maintained by Lessor or the Lessee under this LEASE or fails to
perform or pay for services or utilities as required by this LEASE, within thirty (30) days of
notice fi'om the other party of the need for such repair, maintenance, performance or payment,
the Lessee or Lessor, may complete such repairs, perform the necessary maintenance, or
provide or pay for services or utilities and Lessor or Lessee shall reimburse the other party for
all reasonable expenses incurred by Lessee or Lessor in doing so. If the Lessee fails to
SUBLEASE AGREEMENT
BETWEEN
CITY OF DELRAY BEACH, FLORIDA
AND
THE FRIE~NDS OF SANDOWAY HOUSE, INC.
TABLE OF CONTENTS
PAGE
ARTICLE I BASIC LEASE PROVISIONS
1.01 Premises 1
1.02 Length of Term and Commencement Date 1
ARTICLE II RENT
2.01 Annual Rent 2
ARTICLE III CONDUCT OF BUSINESS AND USE OF
PREMISES BY SUBLESSEE
3.01 Use 2
3.02 Conduct 2
3.03 Alterations by Sublessee 3
3.04 Hazardous Substances 3
ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES
4.01 Responsibilities of Sublessee and Lessee 4
4.02 Lessee's Right to Inspect and Repair 5
ARTICLE V UTILITIES AND SERVICES
5.01 Responsibility of Sublessee 5
ARTICLE VI INSURANCE
6.01 Insurance by Sublessee 5
6.02 Personal Property 6
6.03 Indemnification 6
ARTICLE VII DESTRUCTION OR CONDEMNATION
OF PREMISES
7.01 Damage or Destruction by Fire, War
or Act of God 6
ARTICLE VIII DEFAULT
8.01 Default by Sublessee 7
TABLE OF CONTENTS
PAGE
8.02 Default by Lessee 7
ARTICLE IX ANNUAL BUDGETARY FUNDING/
CANCELLATION/PROPERTY TRANSFER
9.01 Appropriations 8
ARTICLE X QUIET ENJOYMENT
10.01 Lessee's Covenant 8
ARTICLE XI SURRENDER, HOLDOVER
11.01 Surrender of Premises 8
11.02 Holdover 8
ARTICLE XII MISCELLANEOUS
12.01 Notices and Consents 8
12.02 Severability 9
12.03 No Recording 9
12.04 Venue 9
12.05 Captions - Recitals 9
12.06 No Representations - Entire Agreement 10
12.07 Time of the Essence 10
12.08 No Assignment or Subletting or
Licensing of Premises 10
12.09 Radon 10
12.10 Benefit and Binding Effect 10
Exhibit "A" Collectively referred to as
the Premises
Exhibit "B" Insurance Requirements
SUBLEASE AGREEMENT
THIS SUBLEASE is made and entered into this day of
, 199_~ by and between the CITY OF DELRAY BEACH,
FLORIDA, hereinafter referred to as the "Lessee", and THE FRIENDS OF SANDOWAY
HOUSE, INC., hereinafter referred to as "Sublessee".
WITNESSETH:
WHEREAS, Palm Beach County, (the "Owner"), purchased the Sandoway
House on July 25, 1995 and then leased the premises to the Lessee under the terms of a Lease
Agreement, (Resolution Number R95-993D); and
WHEREAS, the Lessee will receive a grant from the Florida Communities
Trust ("FCT") and this grant will be governed by a Conceptual Approval Agreement; and
WHEREAS, Lessee desires to sublease the premises located at 142 South
Ocean Boulevard, Delray Beach, referred to as the Sandoway House, to the Sublessee to be
used solely and exclusively for public purposes, which shall include educational purposes,
provided that there is no conflict with the purposes set forth herein and the Lease Agreement
and the Conceptual Approval Agreement.
NOW, THEREFORE, it is hereby mutually covenanted and agreed by and
between the parties hereto that this Sublease is made upon the agreements, terms, covenants
and conditions hereinafter set forth.
ARTICLE I
BASIC SUBLEASE PROVISIONS
1.01 Premises
In consideration of the rents, covenants and agreements hereinafter reserved
and contained on the part of the Sublessee to be observed and performed, the Lessee demises
and subleases to the Sublessee, and Sublessee rents from Lessee, the existing building and
other improvements leased by the Lessee and comprising the Sandoway House at 142 South
Ocean Boulevard, Delray Beach, Florida and demises and subleases the house with the
surrounding property, collectively referred to as the "Premises", as more particularly described
in Exhibit "A".
1.02 Length of Term and Commencement Date
The Term of this Sublease shall commence on , 199_ (the
Commencement Date") and shall extend for the same period of time as the Lease between the
Owner and the Lessee, unless sooner terminated pursuant to the provisions of this Sublease. If
the Lessee's lease with Palm Beach County is terminated this shall cause this sublease to
automatically terminate.
This Sublease shall terminate upon Sublessee's failure to comply with each and
every requirement imposed upon Sublessee under the terms of this Sublease.
ARTICLE H
RENT
2.01 Annual Rent
The Rent payable annually in advance by Sublessee for the Term of this
Sublease for the use and occupancy of the Premises is One ($1.00) Dollar per annum.
Sublessee is a tax exempt entity as evidenced by tax exemption # No sales or
use tax shall be included or charged with Rent or any other payment required of Sublessee
pursuant to this Sublease, unless required by law. If so required, the Sublessee shall pay for
such taxes for prior or future years, all as may be required by law and any other taxes, special
assessments or other charges assessed on the property. Payment of Rent will be mailed to
Lessee as stated in Section 12.01 of this Sublease.
ARTICLE Ill
CONDUCT OF BUSINESS AND USE OF PREMISES BY SUBLESSEE
3.01 Use
Sublessee shall use and occupy the Premises for the purpose of maintaining a
nature and educational center and for providing nature/educational programs and for other
public purposes with attendant offices and meeting rooms necessary to provide nature and
educational programs. The Sublessee shall not use the premises for any purpose that conflicts
with the purposes set forth herein and in the Lease Agreement between the Owner and the
Lessee or in the Conceptual Approval Agreement between the Lessee and FCT. Sublessee
shall not use the premises for any other purpose or use whatsoever, without the prior written
consent of the Lessee. The Sublessee may also operate a gilt shop on the premises provided
that any profit or proceeds from the gill shop will be used solely for the upkeep, rehabilitation
or support of the Sandoway House.
3.02 Conduct
Sublessee shall not commit waste on the Premises, nor maintain, commit or
permit the maintenance or commission of a nuisance thereon, or use the Premises for an
unlawful purpose or unpermitted purpose. Sublessee acknowledges that its employees and the
Premises shall throughout the Term of this Sublease be in full compliance with all Federal,
State, County, laws, ordinances, rules and regulations applicable to residents of the City, and
all City ordinances, rules and regulations as may be amended from time to time.
2
3.03 Alterations by Sublessee
Sublessee agrees to perform, at its own cost and expense, all work necessary to
fully equip and maintain the Premises for Sublessee's permitted use of the Premises as specified
in Section 3.01 of the Sublease.
Any installation, alteration, addition, improvement or other physical change
("Alteration") requiring a building permit in or about the Premises by the Sublessee shall
require the prior written consent of Lessee whose consent shall not be unreasonably withheld.
Sublessee shall submit plans for Lessee's approval of all alterations. In accordance with the
provisions of the Lease between the Owner and the Lessee, the Owner must also give its
consent for alterations over $25,000.00. Upon granting their consent, Lessee or Owner shall
specify whether the Alteration is to be removed by Sublessee, at Sublessee's sole cost and
expense, upon the expiration of the Term of this Sublease. In the event a construction lien is
filed against the premises, Sublessee shall comply with all applicable provisions of Florida
Statutes, Chapter 713, Part I. Sublessee, within thirty (30) days after notice fi.om the Lessee,
shall discharge, or shall have the mechanics lien transferred to bond, any mechanic's liens for
materials or labor claimed to have been furnished to the Premises on the Sublessee's behalf and
to indemnify, defend and save Lessee and Owner harmless fi.om and against any damage or
loss incurred by the Lessee or Owner as a result of any such construction lien. All alterations,
additions, improvements, decorations or installations, including but not limited to, partitions,
railings, (except movable furniture and fixtures put in at the expense of Sublessee and
removable without defacing or injuring the Building or the Premises), shall become the
property of Lessee or Owner at the termination of the Sublease Term.
3.04 Hazardous Substances
Sublessee shall not use, store or dispose of any "Hazardous Substances" on the
Premises, any chemical, material or substance, including petroleum products, the handling,
storage, transportation, disposal of or exposure to which is prohibited, limited, or regulated by
any federal, state, county, regional or local authority. In the event of accident or discovery of
such storage or disposal, Sublessee shall immediately report such occurrence to Lessee,
indicating what is being stored or disposed of, and what actions Sublessee is undertaking to
remove said hazardous substances or petroleum products. Sublessee agrees to indemnify,
defend and save harmless the Lessee and Owner fi.om and against any claim, damage or loss
incurred by Lessee or Owner as a result of the storage, disposal, exposure or transportation of
the aforementioned hazardous substances and petroleum products.
ARTICLE IV
REPAIR AND MAINTENANCE OF PREMISES
4.01 Responsibilities of Sublessee and Lessee
(A) Sublessee at its sole cost and expense, shall be responsible for the
following:
(1) the repair and maintenance of all portions of the interior of the building,
including but not limited to providing any floor covering or repair of the floor
or repair and replacement of the floor covering, any window repair or
replacement as well as any painting, electrical or plumbing work
(2) the payment of all utility costs including deposits, payment of any costs
associated with the repair or replacement of any sewer or water connections or
lines on the premises
~.-~ (3) the repair and maintenance of all pathways and walkways on the premises
(4) the installation and maintenance of a security system as well as a fire sprinkler
and fire alarm system for the house
(5) the repair and maintenance of the pool located on the property
(6) the repair and maintenance of the HVAC system
(B) Lessee shall be responsible for the following:
(1) the landscape and irrigation maintenance
(2) the exterior building maintenance including the roof
(3) the building permit costs
~ (4) the purchase and installation of an I-IVAC system
Any maintenance/repair/replacement item not specifically mentioned or expressly reserved to
the Lessee shall be the responsibility of the Sublessee.
(C) If the Lessee or Sublessee shall fail to properly repair or maintain any item required to
be repaired or maintained by Lessee or the Sublessee under this Sublease or fails to perform or
pay for services or utilities as required by this Sublease, within thirty (30) days of notice from
the other party of the need for such repair, maintenance, performance or payment, the Lessee
or Sublessee, may complete such repairs, perform the necessary maintenance, or provide or
pay for services or utilities and Lessee or Sublessee shall reimburse the other party for all
4
reasonable expenses incurred by Lessee or Sublessee in doing so. If the Sublessee fails to
respond within thirty (30) days of notice from Lessee of the need for replacement of any item
required to be replaced, by setting forth a reasonable schedule for replacement acceptable to
Lessee, the Lessee at its sole discretion shall undertake the replacement thereof and the
Sublessee shall reimburse the Lessee for all expenses incurred by Lessee in doing so.
4.02 Lessee's Right to Inspect and Repair
The Lessee or the Lessee's agents shall have the right upon reasonable prior
notice to the Sublessee (except that no notice need be given in case of emergency) to enter the
Premises for the purposes stated in Paragraph 3.01 and for the purpose of inspection and
maintenance of, or the making of repairs to the Premises, which are Lessee's responsibility
hereunder or which Lessee has the right to perform pursuant to Paragraph 4.01, or for the
purpose of complying with laws, ordinances, rules, regulations or other requirements of
government authorities. Any such entrance into the Premises shall be conducted by Lessee in a
manner calculated to minimize interference with or disruption of Sublessee's operations within
the Premises.
ARTICLE V
UTILITHgS AND SERVICES
5.01 Responsibility of Sublessee
Sublessee shall supply at its cost and expense separate meters, if required, for
measuring electricity and water used or consumed as a result of Sublessee's use of the
Premises. Sublessee agrees to pay all charges for electricity and water or any other utilities
used or consumed as a result of the use of the Premises, including the cost of outside lighting
of the Premises, by contracting directly with the utility company furnishing such utilities to the
Premises. The Sublessee shall remove its refuse and rubbish from the Premises from which it
will be removed at the expense of Sublessee. Sublessee shall be responsible for all garbage and
trash removal fees and charges including but not limited to all fees and charges submitted by
the Solid Waste Authority for solid waste generated from the Premises. The Sublessee at its
expense shall contract for all janitorial services in and about the Premises and shall cause all
portions of the Premises to be regularly cleaned. The Sublessee at its expense shall contract
for all pest control services in and about the Premises. Sublessee shall also pay any monthly
monitoring costs associated with a security system for the Premises.
ARTICLE VI
INSURANCE
6.01 Insurance by Sublessee
During the entire Term of this Sublease or any renewal thereof, Sublessee shall
provide insurance as shown in Exhibit "B", listing the Lessee and the Owner as additional
insureds. Sublessee shall also provide appropriate insurance for any personnel or employees
that will be working on the Premises.
6.02 Personal Property
All of Sublessee's personal property placed or moved in or on the Premises shall
be at the risk of the Sublessee or owner of the personal property thereof. Except as otherwise
provided herein, Lessee shall not be liable for any damage to said personal property, except to
the extent caused by Lessee, Lessees agents' or employees' willful or sole negligent acts or
omissions.
6.03 Indemnification
Sublessee shall indemnify and save harmless the Lessee and Owner, their
officers, agents and employees from and against any and all claims, suits, actions, damages
and/or causes of action arising during the Term of this Sublease or any renewal thereof, for any
personal injury, loss of life and/or damage to property sustained in or about the Premises by
reason or as a result of the use and occupancy of the Premises by the Sublessee, its agents,
employees, licensees and invitees and the general public and from and against any orders,
judgments, and/or decrees which may be entered thereon, and from and against all costs,
attorney fees, expenses and liabilities incurred in and about the defense of any such claim. Said
indemnification by Sublessee shall not include indemnification for claims, damages, loss, or
liabilities which are judicially determined to arise out of the sole negligence or willful
misconduct of the Lessee or Owner, their officers, employees or agents. In the event that the
Lessee or Owner is made a party to any litigation commenced against the Sublessee or by the
Sublessee against any party, then Sublessee shall indemnify, protect, hold harmless and pay all
costs and attorneys fees incurred by Lessee or Owner in connection with the litigation and any
appeals thereof. Nothing herein shall constitute a waiver of sovereign immunity of the Lessee
or Owner.
ARTICLE VII
DESTRUCTION OR CONDEMNATION OF PREMISES
7.01 Damage or Destruction by Fire, War, or Act of God
In the event the Premises shall be destroyed or so damaged or injured by fire,
flood or other casualty during the Term of this Sublease or any extension thereof, whereby the
same shall be rendered untenable, in whole or in part then the Lessee at its sole option may
terminate the Sublease or may permit the Sublessee to commence restoration thereof within
one hundred twenty (120) days and therea~er diligently pursue the restoration to completion.
In the event of any such casualty Sublessee fails to complete restoration or replacement within
a reasonable period of time, the Lessee may, in its sole discretion grant an extension of time or
terminate the Sublease, and Lessee may complete the restoration or replacement and Sublessee
shall reimburse the Lessee for all costs and expenses in doing so. In the event Lessee or
Sublessee elects to terminate this Sublease, instead of permitting the Sublessee to replace or
restore the premises, both parties shall be relieved of all further obligations hereunder. The
cancellation herein mentioned shall be evidenced in writing.
ARTICLE VIII
DEFAULT
8.01 Default by Sublessee
The occurrence of any one or more of the following shall constitute an Event of
Default by Sublessee under this Sublease: (i) Sublessee shall fail to perform or observe any of
the agreements, covenants or conditions contained in the Sublease on Sublessee's part to be
performed or observed and such failure shall continue for more than thirty (30) days after
notice; (ii) Sublessee shall vacate or abandon the Premises; or (iii) Sublessee's leasehold estate
shall be taken by execution, attachment or process of law. If any Event of Default occurs,
then, at any time thereat~er while the Event of Default continues, Lessee shall have the right, at
its own option, to either cure the default and Sublessee shall reimburse Lessee for all expenses
incurred by Lessee in doing so or may give Sublessee notice that Lessee intends to terminate
this Sublease upon a specified date no less than three (3) days at~er the date the notice is
received by Sublessee, and this Sublease shall then expire on the date specified as if that date
had been originally fixed as the expiration date of the Term of this Sublease. If, however, the
default is cured within the three (3) day period or the Sublessee commences to cure the default
within the three day period and thereafter diligently pursues such cure and the Lessee is so
notified, this Sublease will continue, provided the cure is perfected within a reasonable time or
within the time as may be provided by the Sublease.
8.02 Default by Lessee
Lessee shall be in default of this Sublease if Lessee shall fail to observe or
perform any term, covenant or condition of this Sublease on the Lessee's part to be observed
or performed, and the Lessee shall fail to remedy same within thirty (30) days after notice from
Sublessee. In the event the default is of such nature that it cannot by reasonably cured within
the foregoing thirty (30) day period, Lessee shall be entitled to a reasonable period of time
under the circumstances in which to cure said default, provided that Lessee diligently proceeds
with the curing of the default. In the event that the default is not cured by Lessee within the
foregoing time period, Sublessee, at Sublessee's option, may cure either said default and Lessee
shall reimburse Sublessee for all expenses incurred by Sublessee in doing so, or Sublessee may
give to the Lessee a three (3) day notice specifying that the Sublessee intends to terminate this
Sublease. Upon receipt of said notice and expiration of the three (3) day time period, this
Sublease and all obligations of Sublessee hereunder shall terminate and Sublessee shall
thereupon be relieved of all further obligations hereunder.
7
ARTICLE IX
ANNUAL BUDGETARY FUNDING/CANCELLATION/PROPERTY TRANSFER
9.01 Appropriations
The Term of this Sublease and the Lessee's responsibilities hereunder shall be
subject to annual budgetary funding by the Lessee.
ARTICLE X
QUIET ENJOYMENT
10.01 Lessee's Covenant
Upon payment by the Sublessee of the Rent and other charges herein provided,
and upon the observance and performance of all the covenants, terms and conditions on
Sublessee's part to be observed and performed, Sublessee shall peaceably and quietly hold and
enjoy the Premises for the Term hereby demised without hindrance or interruption, subject to
the Terms of this Sublease.
ARTICLE XI
SURRENDER, HOLDOVER
11.01 Surrender of Premises
Upon expiration of the Term, the Sublessee shall, subject to the provisions of
Section 3.03 of this Sublease, remove at its own cost and expense, its personal property, trade
fixtures and equipment and shall deliver the Premises to Lessee in good repair and condition,
excepting reasonable wear and tear arising from Sublessee's permitted use of the Premises.
11.02 Holdover
Any holdover by Sublessee, with or without the consent of Lessee, at the
expiration of this Sublease, shall create a new tenancy from month-to-month between Lessee
and Sublessee which shall be subject to all terms and conditions hereof. This holding over shall
not result in renewal or extension of this Sublease.
ARTICLE XH
MISCELLANEOUS
12.01 Notices and Consents
Any consents, approvals and permissions by the Lessee shall be effective and
valid only if in writing and any notice by either party to the other shall be in writing and shall be
deemed to be duly given only if mailed prepaid by certified mail, return receipt requested
addressed:
(a) if to the Lessee at:
City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
with a copy to:
Office of the City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
(b) if to the Sublessee at:
The Friends of Sandoway House, Inc.
1020 Tamarind Road
Delray Beach, FL 33483
Or at such other addresses as the Lessee or the Sublessee, respectively, may designate in
writing.
12.02 Severability
If any term of this Sublease or the application thereof to any person or
circumstances, shall to any extent be invalid or unenforceable, the remainder of this Sublease,
or the application of such term to persons or circumstances other than those as to which it is
invalid or unenforceable, shall not be affected thereby, and each term of this Sublease, shall be
valid and enforceable to the fullest extent permitted by law.
12.03 No Recording
Lessee and Sublessee covenant, warrant and agree that neither this Sublease,
nor any memorandum, provision or part hereof, shall be recorded in the public records of any
county of any state, including without limitation, the public land records of Palm Beach
County, Florida.
12.04 Venue
This Sublease shall be governed by and interpreted according to the laws of the
State of Florida. To the extent allowed by law, the venue for any action arising out of or from
this Sublease shall be in Palm Beach County, Florida.
12.05 Captions - Recitals
The captions in this Sublease are included for convenience only and shall not be
taken into consideration in any construction or imerpretations of this Sublease or any of its
provisions.
The Recitals comained on page one of the lease are hereby incorporated as if
set forth fully herein.
9
12.06 No Representations - Entire Agreement
This Sublease constitutes all agreements, conditions and understanding between
Lessee and Sublessee concerning the Premises. All representations, either oral or written, shall
be deemed to be merged into this Sublease. Except as herein otherwise provided, no
subsequent alteration, waiver, change or addition to this Sublease shall be binding upon Lessee
or Sublessee unless reduced to writing and signed by them.
12.07 Time of the Essence
Time is of the essence with respect to each provision of this Sublease which
requires that action be taken by either party within a stated time period, or upon a specified
date. Any reference to a certain number of days shall be deemed to be calendar days. Any
time period provided herein which shall end on a Saturday, Sunday or legal holiday shall
extend to 5:00 p.m. EST of the next business day.
12.08 No Assignment or Subletting or Licensing of Premises
Sublessee shall not assign, sublet or license the Premises.
12.09 Radon
Radon is a naturally occurring radioactive gas that, when it has accumulated in
a building in sufficient qualities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from the
public health unit.
12.10 Benefit and Binding Effect
This Sublease shall be binding upon and inure to the benefit of the heirs,
successors, legal representatives and assigns of the parties hereto.
IN WITNESS WltEREOF, the parties hereto have duly executed this
Sublease as of the date set forth below.
ATTEST: LESSEE:
CITY OF DELRAY BEACH
By:
City Clerk Mayor
Approved as to form and legal
sufficiency:
City Attorney
10
WITNESSES: SUBLES SEE:
THE FRIENDS OF SANDOWAY
HOUSE, INC.
(Print or Type Name)
By:
(Print or Type Name)
~and~.~t
ll
RFJrZBZT
o~e~n~ a~ the ~nterse~t~on o~ ~he Ua
~ange 43B~ according to ~e Pla~ ~hereo~ as
I at Page 25 o~ the _ , _ e~orded ~n Plab Bock
~e--- ~ ..... ~ - . ~b~c Records cE Pain Seach
~nr~llel to said ~o~h line o~ ~-~ ..... ~. ' Fly
~ee~ ~o a Point; thence So,,~'~-'~.-~4' a ~ls~a~ce cE 215.06
73.03 ~Ot~ ~O n Po~n~; thence 2aster2 ar
~f. Bea~h ~k 34, a d~s~anca o~ 20- ~ ~_~lol ~ ~a~d no~h l~ne
o~zng ~n ~estorn bounda~ line o- k~J- ~'~ ~o ~ Fo~n~; said po[n~
-eg[nning. -' ~a~afloe cz 73.45 fee~
C. Workers Compenma~ton Insurance:. The Lessee
maintaln ~orke~s CQmpen~a~-~on ~overage in an amount e~ual.
tile statutory limits of employers llabill~F.
D. Automobile L!~bili.ty Insuranue~ Lessee ,.shall. ma~ntain
non-ownership auto~obile l~abiliky insurance. ~ the amount o~
one million dollars {$1,000,000.00].
E. Professional ~iabill~¥ Insurance: .. Lessee ahnl~
require all design professionals, engaged, in reatora~on and/or
renovation o~. the property to
i~ance in a~ amour accept~ to the Le~r.
The hesscu: shall be name~ as an adclfLtonal..]nmu:e~om
polioies required ~ paragraphs. A, n,d D o~ F..~ C.
othe~tse agreed to ~ the part,es. :,:
H. ~ Lessee shall provide c~t~ates of ~~. ·
shall, give ~e Lessor t~rty
W~Ch
[ITY OF [IELRAY BEA[H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
993 TO: David T. Harden, City Manager
FROM: ~ Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item # c~ City Commission Meeting February 20, 1996
~tr~t Cln~ur~ Rnnun.qt. Art ~lnd .l~l?? an th~ Av~nlm
DATE: February 15, 1996
ACTION
City Commission is requested to approve a request to close Atlantic Avenue from Swinton Avenue
to N.E. 6th Avenue and grant a temporary use permit to LDR, Section 2.4.6 (H) for Art and Jazz on
the Avenue on March 7, 1996. Commission is also requested to provide staff support for
barricading, clean up and police security, and to file the necessary permits with D.O.T.
BACKGROUND
A concern has been voiced by City staff, event sponsors, some business owners, and citizens
about pedestrian safety at this event. Attendance at the event has grown to the point that it has
been difficult to segregate pedestrian traffic from vehicular traffic, especially at various locations
along the Avenue, i.e., at Elwoods, Federal Highway, Backroom, and the Colony Hotel. Due to
the number in attendance, pedestrians are moving into the street.
As a result, the Joint Venture, staff and event sponsors are requesting closure of Atlantic Avenue
for this event. Joint Venture is also requesting that the City absorb the additional costs for staff
overtime and barricade rental. Overtime hours will be needed for barricade removal and cleanup.
We will also have to rent additional barricades and message boards for the event. The estimated
extra cost for the street closure is $1500-$2000. Businesses along the Avenue have been polled
and concur with the closure.
RECOMMENDATION
Staff recommends approval for the closure of Atlantic Avenue from Swinton Avenue to N.E. 6th
Avenue, to provide staff support to include preparation of the D.O.T. permit, and consideration of
the City incurring the extra costs for overtime and barricade rental for Art and Jazz to be held on
March 7th.
Doc.:Art&Jazz.307
$
[lTV
DELRAY BEACH
AlI-AmericaCity
1993
February 27, 1996
Andy Vaillancourt
Florida Department of Transportation
7900 Forest Hill Boulevard
West Palm Beach, FL 33413
Dear Mr. Vaillancourt:
The City Commission approved (5-0) the street closure request for
Art and Jazz on the Avenue at the City Commission Meetin9 of
February 20, 1996.
The street closure request is to close Atlantic Avenue from Swinton
Avenue to N.E. 6th Avenue, includin9 staff support for
preparation of the F.D.O.T. permit.
If you have any questions, please call me at 407/243-7050.
Sincerely,
Alison MacGregor Harry
City Clerk
AMH/slm
cc: Robert A. Barcinski, Assistant City Manager
Scott Solomon, Superintendent of Streets
CITY OF DELRflV
~ } ': >; ,::- -: .- '- -Writer's Direct Line: (407) 243-7091
DELRAY BEACH
~ MEMORAND~
~ll.~m~ri¢~
TO: City
FROM: Susan A. Ruby, City Attorney
SLYBJ~CT: (~ontract for Purchas~ and Sal~ o5 ?ate! ?ro~¢rty
Thc ¢o~tract before you ~or consideration is for ~ purchas~ o~ prop~y ]o~at~d adjaCent
to ~ ~tJousBa~ prop~ r~d to as ~ gas s~tJon or Patti prop~y.
Th~ contract co~s ~ sam~ t~s as th~ previous Contract. Mr. Pat~l is not
J~t~r~st~d Jn r~du~Jng th~ co~tra~t prJ¢~ to offset r~ov~] o5 ta~s or to offset th~ cost
Th~ contraCt purchas~ ~ou~t Js $~2,~00.00. Th~ contract provides ~or an
p~rJod o5 s~ty (~0) day~ ~it~ closing to occur ~i~ (30) days a~r th~ ~d o~
i~pectio~ p~rJod. As you may r~m~b~r, ~r~ Js a Sp~¢Ja] ~arrauty D~d Jn ~ ~haJn
copy o~ a l~tt~r ~rom C~Js SL~rl~c r~gardJ~g ~nviro~u~] issues on thC sJt~.
Pl~as~ call m~ J~ you hav~ any ~u~stio~. By Copy o~ ~Js m~mora~dum to David
~d~u, City Manager, our offic~ r~qu~sts that th~ at~¢h~d ~so]utJon Juco~oratJ~g
contract ~or purchas~ a~d sal~, b~ plac~d on th~ Cky Co~issJon ~b~ry 20,
agenda ~or Ci~ Co~JssJo~ action.
Amc~ems ~ ~ ~
cc: David H~den, Ci~ Mamger
Alison MacGregor Ha~, City Clerk
Robert Barci~ki, Assistant Ci~ Manager
Willim Greenwood, Director of Enviromental Services
FAILED - 2/20/96
RESOLUTION NO. 13 - 96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, LOCATED AT 2228 SEACREST
BOULEVARD AS MORE PARTICULARLY DESCRIBED HEREIN,
HEREBY INCORPORATING AND ACCEPTING THE CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY
BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida wishes to acquire certain property located
at 2228 Seacrest Boulevard; and,
WHEREAS, the Seller, Rajesh K. Patel, desires to sell the property hereinafter described
to the City of Delray Beach, Florida; and,
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase
said property for the purpose of providing land for the construction of a recreational and educational
facility and for other municipal purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to purchase from Rajesh K. Patel, as Seller, land for the purchase price of seventy two
thousand five hundred dollars ($72,500.00), and other good and valuable consideration; said parcel being
more particularly described as follows:
See Attachment A
~. That the terms and conditions in the contract for sale and purchase and
addenda thereto between the City of Delray Beach, Florida, and Rajesh K. Patel are attached hereto as
Attachment B and incorporated herein.
PASSED AND ADOPTED in regular session on the ~ day of , 1996.
ATTEST: M A Y O R
City Clerk
patel.ord
FAILED - 2/20/96
Attachment A
The North 150 feet of the South 290 feet of the East 170 feet of South one-half
of the Northwest one-quarter of the Southwest one-quarter of the Southwest
one-quarter, Less East 40 feet for road right-of-way, Section 4, Township 46
South, Range 43 East, Palm Beach County, Florida, also described as:
Commencing at an iron rod on the westerly right-of-way line of Seacrest
Boulevard, which is 140 feet North of and 40 feet West of the southeast corner
of the Northwest one-quarter of the Southwest one-quarter of the Southwest
one-quarter of Section 4, Township 46 South, Range 43 East, Palm Beach
County, Florida; thence mn South 89° 47' 35" West for a distance of 130 feet
to a concrete monument; thence mn North 0° 32' 25" West a distance of 150
feet to a concrete monument; thence mn North 89° 47' 35' East for a distance
of 130 feet to an iron rod on the westerly right-of-way line of Seacrest
Boulevard; thence mn South 0° 32' 25" East along the westly right-of-way line
of Seacrest Boulevard a distance of 150 feet to the point of beginning.
LESS AND EXCEPT any portion of the property used for public right-of-way.
- 2 - Res. No. 13-96
FAILED - 2/20/96
AGREEMENT FOR PURCHASE AND SAI.E
This Agreement for Purchase and Sale, is made and entered into as of the ~ day of
, 1996 by and between Rajesh K. Patel (Seller), and the City of Delray
Beach, Florida, a municipal corporation (hereinafter referred to as the "Purchaser").
WITNESSETH;
1. DEFINITIONS. The following terms as used herein shall have the following
meaning:
1.1. "Agreement" - this instrument, together with all exhibits, addenda and
proper amendments hereto.
1.2. "Closing Date" - the meaning ascribed thereto in Section 6.2 of this
Agreement, unless extended by the terms of this Agreement, or by mutual consent of the
parties.
1.3. ~ - the effective date of Agreement shall be the date upon
which the City of Delray Beach Commission shall have approved the execution of this
Agreement at a formal meeting of Board.
1.4 "Inspection Period" - that certain period of time commencing upon the
Effective Date and terminating sixty (60) days thereafter.
1.5 "Permitted Exceptions" - those exceptions to the title of the Property as
set forth in Exhibit "B" hereto attached, together with any other title matters that may be
waived in writing by the Purchaser.
1.6 "Real Property" - the real property legally described in Exhibit "A'
attached hereto and made a part hereof, together with all improvements situate thereon.
1.7 "Tangible Personal Property" Or "Personal Property" - All of Sellers
right, title and interest in all appliances, fixtures, equipment, machinery, furniture, carpet,
drapes, and other personal property, if any, located on or about the land and the improvements
used in the operation and maintenance thereof.
2. SALE AND PURCHASE. In consideration of the mutual covenants herein
contained, and various other good and valuable consideration, Seller agrees to sell and convey
to Purchaser and Purchaser agrees to purchase from Seller, on the terms, covenants and
conditions hereinafter set forth, the Real Property, and Personal Property together with all
right, title and interest of Seller in and to any and all streets, roads, highways, easements,
accesses and rights of way appurtenant to the Real Property, together with all improvements
located thereon, if any.
3. PURCHASE PRICE AND METHOD OF PAYMENT.
3.1 purchase Price. The purchase price of the Property shall SEVENTY
TWO THOUSAND FIVE HUNDRED DOLLARS ($72,500.00).
3.2. pi~yment of Purchase Price. On the Closing Date, Purchaser shall pay at
the City's election, by wire transfer of immediately available United States currency or by
City check, the total amount of the purchase price of the Property, in United States Currency,
subject to any adjustments, credits and prorations as herein provided.
3.3. ~. Purchaser has delivered to Seller ONE HUNDRED
AND 00/100 DOLLARS ($100.00) in cash (such amount together with all interest, if any,
earned thereon being referred to as the "Earnest Money"). If the sale of the property is
consummated pursuant to terms of this Agreement, the "Earnest Money" shall be applied to
the payment of the purchase price. If Purchaser terminates this Agreement in accordance with
any right to terminate that Purchaser is granted by the terms of the Agreement, the "Earnest
Money" shall be immediately returned to Purchaser.
4. ACKNOWLEDGMENTS. REPRESENTATIONS AND WARRANTIES OF
SELLER.
As a material inducement to Purchaser to enter into this Agreement, Seller
hereby acknowledges, represents and warrants to the best of his knowledge to Purchaser as
follows:
4.1. That Seller is indefeasibly seized of marketable, fee simple title to the
Property, and is the sole owner of and has good right, title and authority to convey and
transfer the Property which is the subject matter of this Agreement, free and clear of all liens
and encumbrances, excepting only the Permitted Exceptions.
4.2 That there is no litigation, investigation or proceeding pending, or to the
knowledge of Seller threatened, which relates to or adversely affect Seller's ability to perform
its obligations under this Agreement.
4.3 That there are no judicial or administrative actions, suits or judgments
affecting the Property, including without limitation, any such laws, ordinances, rules or
regulations of any governmental authority having jurisdiction of the Property.
4.4 That there are no existing or pending special assessments affecting the
Property, which are or may be assessed by any governmental authority, water or sewer
authority, school district, drainage district or any other special taxing district.
4.5 There are no condemnation, environmental, zoning or other land-use
regulation proceedings, either instituted, or planned to be instituted with regard to the
Property.
4.6 On the Closing Date there will be no outstanding contracts made by
Seller for any improvements to the Real Property which have not been fully paid for and Seller
shall cause to be discharged all construction liens arising from any labor or materials furnished
to the Property prior to the time of Closing.
4.7 All documents executed or to be executed by Seller which are to be
delivered to Purchaser at closing will be legal, valid, and binding obligations of Seller.
4.8 There are no service contracts affecting the Property which will survive
Closing.
4.9 That all ad valorem real property taxes for the Property have been fully
paid for the year 1995, and all prior years.
4.10 That Seller has entered into no other contracts for the sale of any portion
of the Property which remain in force.
4.11 That the Property has not in the past been used, and is not presently
being used, for the handling, storage, transportation, or disposal of hazardous or toxic
substances, wastes or materials.
4.12 It is a condition precedent to closing that all of the representations and
warranties of Seller contained in this Agreement shall continue to be true as of the Closing
Date, and shall be deemed to be restated and affirmed as of the Closing Date without the
necessity of Seller's execution of any document with respect thereto. In the event that any of
the Seller's representations shall prove to be materially untrue, Purchaser shall have the right
to (i) terminate this Agreement at any time prior to closing upon written notice by Seller,
2
whereupon the parties shall be relieved of all further obligation hereunder; or (ii) proceed to
close upon this Agreement without thereby waiving any claim or cause of action against Seller
for misrepresentation or breach of warranty.
5. INSPECTION OF PROPERTY. During the Inspection Period, Purchaser and
its engineers, surveyors, agents and representatives shall have access to the Property upon
reasonable notice for purposes of survey, testing and inspection thereof. All surveys, testing
and inspections shall be conducted by Purchaser at its expense, and shall be performed by
licensed persons or firms dealing in the respective areas or matters tested. All testing shall be
done in the least intrusive manner, and Purchaser agrees to indemnify Seller to the extent
permitted by law from and against any and all loss, damage, cost, expense and/or liability of
whatsoever nature arising from or out of Purchaser's, its agents, contractors, employees and
invites entry upon and inspection of the Property. Notwithstanding the foregoing, the
foregoing indemnification shall not apply to, nor prohibit Purchaser from, the disclosure of the
results of said inspections as may be required by applicable law. In the event that such
inspections shall reveal a deficiency in the Property, as determined by Purchaser in its sole and
absolute discretion, Purchaser shall have the right to terminate this Agreement at any time
during the Inspection Period by giving written notice thereof to Seller, whereupon the parties
shall be relieved of all further obligation hereunder.
6. CLOSING. The parties agree that the Closing upon the Property shall be
consummated as follows:
6.1 Place of Closing. The closing shall be held at a mutually acceptable
located to Seller and Purchaser.
6.2 Closing Date. The closing shall take place within thirty (30) days after
expiration of the Inspection Period, or at such earlier date as is mutually agreed upon by the
parties.
6.3 Closing Documents. At closing, Seller shall deliver or cause to be
delivered to Purchaser, the following documents, each fully executed and acknowledged as
required.
6.3.1 Statutory. Warranty Deed. A Statutory Warranty Deed conveying good
and marketable fee simple title to the property, subject only to the Permitted Exceptions.
6.3.2 Affidavit of Seller. An Affidavit with respect to construction lien in
form sufficient to permit a title insurer to delete the "construction lien" exception from the
title insurance policy, and stating that the Property is free and clear of all encumbrances,
leases, licenses, contracts or claim of rights, which claims may serve as the basis of a
construction lien.
6.4 Possession. At closing Seller shall deliver full, complete and exclusive
possession of the Property to the Purchaser.
6.5 Purchaser's Obligations. At closing, Purchaser shall deliver, or
cause to be delivered, to Seller, the following:
6.5.1 Cash due at Closing. The required payment due as cash due at closing
as provided elsewhere herein.
7. EVIDENCE OF TITLE.
7.1. Within thirty (30) days after the Effective Date of this Agreement, the
Purchaser shall obtain an owner's title insurance commitment issued by a title insurance
company acceptable to Purchaser agreeing to issue to the Purchaser upon the recording of the
Statutory Warranty Deed to the Real Property, an owner's marketability title insurance policy
in the amount of the purchase price, insuring the marketability of the fee title of the Purchaser
to the Real Property, subject only to the Permitted Exceptions. The cost of said commitment
and policy and any premium thereafter shall be borne by Purchaser.
The Purchaser shall have until the end of the Inspection Period, in which to review
same. In the event the title insurance commitment shall show as an exception any matter other
than the Permitted Exceptions, Purchaser shall notify Seller of Purchaser's objection thereto,
and Seller shall act with reasonable effort to remove such exception(s), which exceptions shall
be deemed to constitute title defects. The Seller shall be entitled to ninety (90) days from the
date of notification by Purchaser (with adjournment of the Closing Date if necessary) within
which to cure such defects or to make arrangements with the title insurer for the removal of
any such objections from the commitment, however, Seller shall have the option of
discharging any such matters at closing out of the closing proceeds. If the defect(s) shall not
have been so cured or removed from the commitment by endorsement thereto at the
termination of the said ninety (90) day period, Purchaser shall have the option of: (a)
accepting title to the Property as it then exists; or (b) terminating this Agreement, by giving
written notice thereof to Seller, in which event the parties shall be relieved of all further
obligation hereunder.
7.2 Seller shall deliver to Purchaser prior to the Closing an endorsement of
the commitment making it effective to within five (5) days of the Closing Date. At closing,
the title insurance commitment shall be endorsed to remove any and all requirements or
preconditions to the issuance of an owner's marketability title insurance policy, and to delete
any exceptions for: (a) any rights or claims of parties in possession not shown by the public
records; 0a) encroachments, overlaps, boundary line disputes and any other matters which
would be disclosed by an accurate survey and inspection of the Property; (c) unrecorded
easements and claims of easements (d) unrecorded and construction liens or claims of liens; (e)
taxes for the year of closing and all prior years; (f) matters arising or attaching subsequent to
the effective date of the commitment but before the acquisition of record of the fee simple title
to the Real Property by the Purchaser.
7.3 From and after the Effective Date of this Agreement, Seller shall take no
action which would impair or otherwise affect title to any portion of the Property, and shall
record no documents in the Public Records which would affect title to the Real Property,
without the prior written consent of the Purchaser.
8. SURVEY.' Purchaser shall have the right, within the time period provided in
Section ? for delivery and examination of Title Evidence, to obtain a current survey of the
Real Property and all improvements thereon. Said survey shall be prepared in accordance with
the minimum technical standards for surveys within the State of Florida. If the survey reveals
any encroachments, overlaps, boundary disputes or other defects, other than the Permitted
Exceptions, which affect marketability of the Property, the same shall be treated as title
defects as described in Section 7 of this Agreement and Purchaser shall have the same rights
and remedies as set forth therein.
9. RADON GAS. Radon is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding radon testing may be obtained
from your County public health unit.
10. EXPENSES. Purchaser shall be responsible for preparation of all closing
documents. Purchaser shall submit copies of same to Seller no less than five (5) days before
scheduled closing.
10.1 Purchaser shall pay the following expenses at closing.
10.1.I The cost of recording the deed of conveyance.
10.1.2 All costs and premiums for the owners marketable title
insurance comittment and policy.
10.2 Seller shall pay the following expenses at closing.
10.2.1 Documentary Stamps required to be affixed to the deed of
conveyance.
10.2.2 All costs necessary to cure title defect(s) or encumbrances,
other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages
upon the Property.
10.3 The Seller and Purchaser shall each pay their own attorney's fees.
11. PRORATIONS. On or before the Closing Date, Seller shall establish an escrow
fund with the County Tax Collector pursuant to Florida Statutes Section 196.295, and shall
pay into said escrow Seller's prorata portion of ad valorem real property taxes for the year of
closing as determined by the Tax Collector. Any outstanding taxes for years prior to 1996
shall be paid by Seller.
12. ~~LT~.. If on the Closing Date, the Property or any part thereof shall
be or shall have been affected by assessments, which are, or which may become payable in
annual installments, of which the first installment is then a charge or lien, or has been paid,
then for the purposes of this Agreement, all of the unpaid installments of any such
assessments, including those which are to become due and payable after the Closing Date,
shall be deemed to be due and payable and to be liened upon the premises affected thereby,
and shall be paid and discharged by the Seller on or before Closing Date.
13. ~/~~J~. In the event that all or any part of the Property shall be
acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or
condemnation proceedings shall be threatened or begun by a governmental entity other than
Purchaser prior to the closing of this transaction, Purchaser shall have the option to either
terminate this Agreement, and the obligations of all parties hereunder shall cease, or to
proceed, subject to all other terms, covenants, conditions, representations and warranties of
this Agreement, to the closing of the transaction contemplated hereby and receive title to the
Property, receiving, however, any and all damages, awards or other compensation arising
from or attributable to such acquisition or condemnation proceedings. Purchaser shall have
the right to participate in any such proceedings.
14. I~EAL ESTATE BROKER. Seller and Purchaser each represents and warrants
to the other that it has not dealt with any broker, salesman, agent or finder in connection with
this transaction. Without limiting the effect of the foregoing to the extent permitted by law,
each party agrees to indemnify, defend and save the other harmless from the claims and
demands of any real estate broker, other than broker, claiming to have dealt with the
indemnifying party. Such indemnity shall include, without limitation, the payment of all costs,
expenses and attorney's fees incurred or expended in defense of such claims or demands. The
terms of this Section shall survive the closing or termination of this Agreement.
15. FIRPTA. Seller represents and warrants to Purchaser that Seller is not a
"foreign person" as defined by the Federal Foreign Investment in Real Property Tax Act, (the
"Act"). At closing, the Seller shall execute and deliver to Purchaser, a "Non-Foreign
Certificate", as required by the Act. Seller acknowledges that in the event Seller fails to
deliver the Non-Foreign Certificate, Purchaser shall be authorized to withhold from the closing
proceeds an amount equal to ten percent (10%) of the gross amount of the purchase price, and
to remit same to the Internal Revenue Service, as required by the Act.
16. NOTICES. All notices and elections (collectively, "notices") to be given or
delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party
giving such notice) hand delivered by messenger, courier service or Federal Express, or
alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested.
The effective date of any notice shall be the date of delivery of the notice if by personal
delivery, courier service or Federal Express, or if mailed, upon the date which the return
receipt is signed or delivery is refused or the notice designated by the postal authorities as non-
5
deliverable, as the case may be. The parties hereby designed the following addresses as the
addresses to which notices may be delivered, and delivery to such addresses shall constitute
binding notice given to such party:
16.1 Purchaser:
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attn: David Harden, City Manager
With a copy to:
Susan A. Ruby, Esq.
City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Phone: (407) 243-7091
Fax: (407) 2784755
16.2 Seller:
Rajesh K. Patel
109A East Boynton Beach Boulevard
Boynton Beach, FL 33435
Phone: (407) 738-5616
Any party may from time to time change the address to which notice under this
Agreement shall be given such party, upon three (3) days prior written notice to the other
parties.
17. ~. Neither Purchaser nor Seller shall assign this Agreement or
any interest herein without the prior written consent of the other party.
18. ENFORCEMENT COSTS. In the event any action, suit or proceeding is
commenced with respect to interpretation or enforcement of this Agreement, the prevailing
party therein shall be entitled to recover all costs, expenses and fee, including, without
limitation, reasonable attorney's fees, expended or incurred by such party in connection
therewith, including any such costs expenses and fees upon appeal and in post judgment
proceedings.
19. DEFAULT. In the event Seller fails or refuses to perform any term, covenant,
or condition of this Agreement, Purchaser shall, in addition to any other remedies provided at
law or in equity, have the right of specific performance thereof.
20. GOVERNING LAW & VENUE. This Agreement shall be governed by,
construed and enforced in accordance with, the laws of the State of Florida. Venue in any
action suit or proceeding in connection with this Agreement shall be in Palm Beach County,
Florida.
21. t~,I)~LC~F~.t~. This Agreement shall be binding upon, and shall inure to
the benefit of, the parties hereto and their respective legal representatives, successors and
assigns.
22. ~LO~!L~C. LQ]?~[,~. Neither this Agreement, nor any memorandum or short
form hereof, shall be recorded in the Public Records of Palm Beach County, Florida.
23. TIME OF ESSENCE. Time is of the essence with respect to the performance
of each and every provision of this Agreement where a time is specified for performance.
24. I~:LT.,~,O.]~J~. This Agreement constitutes the entire understanding and
Agreement between the parties with respect to the subject matter hereof, and may not be
modified or amended, except in a writing signed by all of the parties hereto.
25. EFFECTIVE DATE OF AGREEMENT. This Agreement is expressly
contingent upon the approval of the City Commission of the City of Delray Beach.
26. ~. The paragraph headings or captions appearing in this Agreement
are for convenience only, are not part of this Agreement, and are not to be considered in
interpreting this Agreement.
[This page is intentionally left blank]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names, on the dates set forth below.
Signed, sealed and delivered
in the presence of:
Date of Execution by Seller:
, 1996
WITNESSES:Q ?'<,~7...~, ~ RAJESH K~,_~/
Witness Signature v W~_.~/
Name Printed or Typed
State of Florida
County of QQIca ~eQCL.
The foregoing instrument was acknowledged before me this ~nq day of
~'e ~-txc~.-~ , 1996 by ~j~5~ ](. ~1 (name of person
acknowledging), who is personally known to me ~d
,~,,..~a.~.) as identification and who
(~c~.
did (~t) take an oath.
Signature of Notary ~blic ~tate
of Florida
Print, Type, or Stamp Name o~
Notary ~blic
Date of Execution by Purchaser:
, 1996
CITY OF DELRAY BEACH, FLORIDA,
a Florida municipal corporation
By:
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney
pat¢13.agt
l'he North 150 feet of the South 290 feet of the East 170 feet of South one-half of the
Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter; Less East
40 feet for road right-of-way, Section 4, Township 46 South, Range 43 Fast, Palm Beach
County, Florida, also described a~:
/' Commencing at an iron tod on the ~esterly right-of-way line of ~acrest Boulevard, which is
140 feet No.rth of and 40 feet West of the southeast corner of the Northwest one-quarter of the
Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range
43 East, Palm Beach County, Florida; thence run South 89' 47' 35' West for a distance of
130 feet to a concrete to a concrete montunent; thence run North 0° 32' 25' West for a
dhtance of 150 feet to a concrete monument; thence mn North 89° 47' 35' East for a cthtaace
of 130 feet to an iron rod on the westerly fight-of-way line of Seacrest Boulevard; thence nm
South 0* 32' 25' East along the westerly right-of-way line of Seacrest Boulev._ard a distauce of
150 feet to the point of beginning. --
LESS ~ EXCEPT any portion of the property u~ed for public right-of-way.
Tax ID Number or Folio Number
of Property:
Grantee's Social Security Number or
Tax 1D Number
Prepared by and
AFTER R£CORDINO RETURN TO:
Susan Ruby, Esq.
City Attorney
200 N,W. Ist Avenue
Delray Beach, Florida 33444
STATUTORY WARRANTY DEED
RAJESH K. PATEL, ("Grantor") whose address is
for and in consideration of the suni of TEN AND NO/100 DOLLARS ($10.00) paid to Grantor and
oilier good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
as GRANTED, SOLD and CONVEYED and does hereby GRANT, SELL and CONVEY unto the City
of Defray Beach, whose address is 100 N.W. 1st Avenue, Defray Beach, Florida, 33444 in fee simple
lille, tl.m certain land located in Pahn Beach Comity, Florida, being more particularly described in
Exhibit 'A, attached hereto and incorporated herein by reference, together with all improvements, if
any, located on such land (such land and improvements being collectively referred to as the
"Property").
This conveyance is made and accepted subject to all matters (the "Permitted Exceptions") set
forth in ~, attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD the Properly, together with all and singular the rights and
appurtenances pertaining thereto, including all of Grantor's right, title and interest in a,d to adjacent
streets, alleys and rights-of-way, subject to the Permitted Exceptions, unto Grantee and Grantee's heirs,
successors and assigns forever. And Grantor hereby covenants with Grantee that, except as above
noted, that at the time of the delivery of this Warranty Deed the .Property was free from all
encumbrances made by it and that Grantor will warrant and defend the same against the lawful claims
and demands of all persons claiming by, through or under Grantor, but against none other.
EXECUTED on the date set forth in the acknowledgment attached hereto to be effective as of
the ~ day of , 199~.
WITNESS: . RASESH K. PATEL
Name: Grantor
Name:
State of Florida
County of
The foregoing instrument was acknowledged before me this day of
, 1995 by (name of person
acknowledging), who is personally known to ine or who has produced
(type of identification) as identification and who did (did
not) take an oath.
Signature of Notary Public - State
of Florida
Print, Type, or Stamp Name of
Notary Public
l'he North 150 fee~ of ~he Sou~h 290 feet of the East 170 fce~ of Sou~ one-~f of ~e
40 feet for road fight~f-way, ~cdon 4, To~p 46 Sou~, ~e 43 ~t, P~ Beach
Co~t~, Flofi~, ~o described ~:
/' CommeDc~g at ~ kon ~od on ~c ~es~erly right-of-way l~e of S~a~r~ Boulev~d, w~ch ~
140 feet No~ of ~d 40 feet West of ~e sou~c~ come~ of ~e No~w~t one~r of ~e
Sou~west once--er of ~e Sou~w~t one~r of Section 4, To~p ~ Sou~, ~ge
43 E~I, P~ Beach Count, Flofi~; ~ence m Soua 89' 47' ~5' W~t for a dh~ce of
130 feet to a concrete to a concrete mon~ent; ~euce m No~ 0' 32' ~' W~t for a
dh~ce of 150 feet to a concre~ monment; ~ence m No~ 89° 47' 35' ~t for a ~ce
of 130 feet w ~ kon md on ~e wes~rly fight~f-way ~e of Seacrest Boulev~d; ~ence m
Sout 0' t2' ~' E~t ~on/te wese~ly fi~ht~f-way l~e of S~c~st Bo~e~d a ~ce of
150 f~t to ~e po~t of beginning. --
I..E.~S AHD EXCEPT ~ny portion of the property u~¢d for public right-of-way.
EXHIBIT B TO STATUTORY WARRANTY DEED
PERMITTED EXCEPTIONS
TO DEED
1. Taxes and assessments for the year of 1996 and subsequent years, which are not yet due and
payable.
RAJESH K. PATEL, [l]("Assignor"), for and in consideration of the sum of TEN AND
NO/100 DOLLARS ($10.00) and other good and valuable consideration paid to Assignor by [2] the
city of Delray Beach ("Assignee"), the receipt and sufficiency of which are hereby acknowledged, has
ASSIGNED, SOLD, CONVEYED and DELIVERED, and does hereby ASSIGN, SELL, CONVEY
and DELIVER unto Assignee, its successors, heirs~ executors, administrators personal representatives
and assigns, all of Assignor's right, title and interest, if any, in and to the following:
1. All of the fixtures, equiplnent, machinery, furniture and other personal property (the
*Personal Property") placed or installed on or about the real property (the "Real Property") beiug
more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and,
2. All intangible property (the "Intangible Property") pertaining to tile Real Property or
the Personal Property or the use thereof including, without limitation, transferable utility contracts,
transferable telephone exchange numbers, plans and specifications, engineering plans and siudies, floor
plans a'nd landscape plans relating to tile same or any part of tile same.
3. The Assignor for itself and its successors, covenant to and with the Assignee, its
successors and assigns, that it is tile lawful owner of the personal property and intangible property; that
they are free from all encumbrances; that it has good right to sell the aforesaid, and that it will warrant
and defend tile sale of the personal properly and intangible personal property on behalf of the Assignee,
its successors and assigns, against the lawful claims and demands of all persons whomsoever.
By acceptance of this Bill of Sale, Assignee accepts and agrees to all matters set forth herein.
EXECUTED this ~ day of ., 199__.
RAJESH K. PATEL
WITNESSES:
Nalne:
Name:
fhe North 150 feet of the South 290 feet of the East 170 feet of South one-lmlf of the
Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarmr; Less East
40 feet for road fight-of-way, Section 4, Township 46 South, Range 43 East, Palm Beach
Count'y, Florida, also described as:
/' Commencing at an iron rod on the r~esterly right-of-way line of Sbacrest Boulevard, which is
140 feet North of and 40 feet West of the southeast corue~ of the. Northwest one-qtmrter of the
Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range
43 Fast, Palm Beach County, Florida; thence nm South 89' 47' 35' West for a distance of
130 feet to a concrete to a concrete monument; thence nm North 0° 32' 2~' West for a
distance of 150 feet to a concrete monument; thence nm North 89' 47' 35' East for a distance
of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence nm
South 0° 32' 2..5' East along the westerly right-of-way line of Seacrest Boulev._ard a distance of
150 feet to the point of beginning. --
I..F.~S AND F. XCI!PT any portion of th,, property used for public right-of-way.
TO: DAVID T. HARDEN
City Manager ~~,
FROM: William H. Greenwood
Director of Environmental Services
SUBJECT: SEACREST PROPERTY ACQUISITION (PATEL PROPERTY)
PROJECT NO. 96-08
DATE: January 26, 1996
The Ground Penetrating Radar (GPR) test was completed at the Patel property on Friday,
January 19, 1996. The GPR test was performed over four (4) possible tank sites. The
remaining tank sites from the original gas station could not be located using GPR since
the sites are under the existing building.
Three of the sites showed no evidence of abandoned tanks, the fourth site showed the
location of an abandoned tank of approximately 500 to 1000 gallons. To verify the GPR
results, Nutting Engineers performed some auger borings within the location of the
abandoned tank. Three feet below the surface a metal tank was found.
The enclosed site plan from the original gas station shows the four (4) locations of the
GPR tests. Number three (3) is the tank that was found.
Based on all the information obtained from this site, it may be reasonable to assume that
only one tank still exists. This is assuming that the tanks under the existing building were
removed during construction. Furthermore, based on the tank removal estimates
previously obtained, the cost for removing the found tank should be less than $2,000.00
assuming the tank does not contain hazardous wastes.
'There are still some inherent risks in acquiring this property, however, through field test
many variables have been eliminated. The remaining assumptions can only be eliminated
by excavating the found tank and by demolishing the building.
WHG/KJB/gm
Enclosure: 1
Susan Ruby, City Attorney
C. Danvers Beatty, P.E., City Engineer
File: 96-08(A)
DR. BERNARD SHULMAN
OF PALM BEACH COUNTY, FLORIDA SUPERINTENOENT
OF SCHOOLS
ENVIRONMENTAL CONTROL OFFICE
1400 NORTH FLORIDA MANGO ROAD
WEST PALM REACH, FL 33409
(40'7) 684-515~
BEACH
TO: Jan Hansen
Planning & Real Estate
FROM: Chris M. Skerlec ~
Environmental Control Of£icer
DATE: January 24, 1996
SUBJECT: Seacrest Property Acquisition/Atlantic High
Please address the following concerns in any agreement that the
School District enters into prior to accepting the Seacrest
properties. I have reviewed the environmental audit reports
provided to the City of De!ray Beach by Nutting Engineering and
have visited the site.
The environmental audit by Nutting Engineering has confirmed that
fuel tanks, monitoring wells and a potable water well remain on
site. They have done some preliminary soil and groundwater
sampling in the area of existing fuel tanks and where tanks were
previously removed. OVA readings on soil samples showed very
minimal contamination in one area. My concern is that no soil
samples were taken in the area of the 3 fuel islands which is often
a site of contamination caused by leaking pumps, fuel lines and
spillage. Also not addressed in the audits, is whether or not
hydraulic lifts exist or existed inside the service station garage.
Again, these lifts are often a source of contamination.
Further testing is called for during the removal of tanks, fuel
lines, fuel islands and hydraulic systems.
I recommend that the School District not accept this property until
all fuel tanks and lines, monitoring wells, potable water well and
any hydraulic systems are completely removed from the properties
and documentation is received that no contamination cleanup is
required by the regulatory agencies, Palm Beach County DERM or the
Florida Department of Environmental Protection.
Language to this effect should be included in any agreement we
sign.
Hansen/Skerlec
January 24, 1996
Page 2
Architect Services also is looking to receive the proper~y with all
buildings, paving and debris removed and the site rough graded.
If you have any questions on these comments, please call me at PX
45154.
cc: Larry Zabik, Asst. Supt./Support Services Mike Murgio, Planning & Real Estate
Russ Smith, Coordinator/Architect Se-~vices
Agust ~ernandez, Planning & Real Estate
Bob Rosi!!o, Associate Counsel/Legal Services
Bob Skakandy, RE Acq. Coordinator/Planning & Real Estate
Earl Shinder, Design Review Spec./Architect Services
Dan Whetstone, Coordinator/Regulatory Compliance
i:ITY DF DELRflY BEAI:H
CITY ATTORNEY'S OFFICE
Writer's Direct L~e: (~7) 243-7~1
DELRAY BEACH
lll.l~rica Ci~ DATE: Febma~ 15, 1996
,~ TO: Ci~ Co~ission
1993
FROM: Susan A. Ruby, Ci~ Attorney
SUBJECT: Pine~vple Grove Mainstreet Agreement
The Ci~ Co~ssion agreed m loan to ~e C~ $30,0~.00 each year for a t~ee year
peri~ ($90,~.00 ~ mml) for ~e P~eapple Grove Ma~treet Progrm to be repaid by
the C~ from increased Tax Increment Fimncing Funds (T.I.F.S.)
Attached is an ~terlocal agreement setting fo~ ~e repayment obligatiom of ~e C~.
The Agreement provides ~at if the City receives re~bursement from the C~ of
$90,~.~ from T.I.F.S. generated ~om ~e Pineapple Grove Maim~eet area (in
excess of ~e 1994 base year) by 2~5, no interest will be due. If the total mount is not
received by the year 2005, the rema~ng unpaid balance will be paid to the Ci~ in equal
im~llments over ~e next five year period (2~6 t~ough 2010) from T.I.F.S. generated
from ~e entire Co~u~ Redevelopment area, plus 12% interest on mo~es
outstanding, payable a~ually.
C~is Brown, Executive Director of ~e C~, has requested that I relay to you ~t they
do not want to pay interest on the outstanding amount as set fo~ in the agreement. He
aIso indicated it was his belief that repayment from T.I.F.S. ~oughout ~e C~
boundaries was not orig~ally contemplated. I have attached a copy of the resolution and
m~utes and agenda memo for your i~omation.
By copy to David Harden, City Mamger, our office requests ~at this interlocal
agreement be placed on ~e Ci~ Co~ission Febma~ 20, 1996 regular agenda for
cc: David Ha~n, Ci, Manager ~~~~ ~ ~ ~
Alison MacGregor Ha~, Ci~ Clerk
C~is Brown, Executive Director, C~ --~-'--- -~r~ ~ ~
Robe~ Federspiel, Esq.
grove.sar
INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE DELRAY
BEACH COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT is entered into this day of ,
1996, by and between the CITY OF DELRAY BEACH, a municipal corporation
existing under the laws of the State of Florida (the "City"), and the DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY, an agency established pursuant to
Florida Statute Section 163, Part III, ("Agency").
WHEREAS, the City, by Resolution 58-94, adopted July 15, 1994, authorized
and endorsed the submission by Pineapple Grove Main Street, Inc. an application to
participate in the Florida Main Street Program (the "Program"), with the specific goal
of revitalization of the Central Business District; and,
WHEREAS, the Pineapple Grove area is within the boundaries of the Agency;
and,
WHEREAS, the City, by said resolution, formally approved funding for the
Program in the amount of thirty thousand dollars ($30,000.00) per year for three years
in an effort to ensure the Program's success in the City of Defray Beach, Florida; and,
WHEREAS, the approval of the resolution was subject to a caveat that the
City's contribution will be reimbursed by the Agency from increased Tax Increment
Financing Funds (T.I.F.S.); and,
WHEREAS, the Agency desires to participate in promoting the Pineapple Grove
Mainstreet Program.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. That the recitations set forth above are hereby incorporated as if fully set
forth herein.
2. The Agency shall reimburse the City ninety thousand dollars
($90,000.00) for the City's contribution to the Pineapple Grove Mainstreet Program.
3. The Ninety thousand dollars ($90,000.00) shall be paid to the City from
increased T.I.F.S., received by the Agency, in excess of the T.I.F.S. received by the
Agency in 1994 for the Pineapple Grove Mainstreet area which is shown on the attached
Exhibit A, and when received, shall be immediately paid over to the City until the total
amount due the City is paid in full. If the payment is received by the City by the year
2005, no interest shall be payable to the City.
4. If the increase in T.I.F.S. as described in Paragraph 3 does not provide
Ninety thousand dollars ($90,000.00) in tax increment revenues by 2005, the Agency
shall pay to the City the balance due the City prorated in equal amounts over the next
five year period (2006 through 2010) from T.I.F.S. generated from the entire
Community Redevelopment area, plus interest at 12% per annum (non-compounded)
from 1994 until present on all outstanding payments due the City.
5. The Agency shall provide the City with a statement each year showing the
amount of the T.I.F.S. generated over the 1994 base year.
2
6. This Agreement shall be inferior to and subordinate to all bond
obligations of the Agency.
ATTEST: CITY OF DELRA. Y BEACH, FLORIDA
By:
City Clerk Thfmas~q.~Lynch, Mayor
Approved as to Form and
~Y~ ~ Attorney
WITNESSES: COMMUNITY REDEVELOPMENT
AGENCY
By:
Signature
(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
mainst.agt
4
EXHIBIT A
,, ~ ~ ~.-- #~ ~ --
ATLANTIC ~ AVENUE
~. , ,~.~
RESOLUTION NO. 58-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING AND ENDORSING
THE SUBMISSION OF AN APPLICATION TO PARTICIPATE IN
THE "FLORIDA MAIN STREET" PROGRAM; PROVIDING FOR A
FUNDING COMMITMENT AND OTHER SUPPORT.
WHEREAS, the Florida Main Street Program ("Program") has been
created to assist Florida communities to develop a public-private
effort to revitalize their "Main Street" areas; and
WHEREAS, up to three cities may be selected to participate in
the Program in the upcoming year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby authorizes and endorses submission by
Pineapple Grove Main Street, Inc., of an application to participate
in the Program with the' specific goal of revitalization of the
Central Business District.
Section 2. That the City Commission of the City of Delray
Beach, Florida, agrees to support that local Main Street Program and
participate in its activities, and hereby commits to provide
funding in the amount of $30,000.00 per year for three (3) years in
an effort to insure the Program's success in the City of Delray
Beach, Florida.
PASSED AND ADOPTED in regular session on this 19th day of
July, 1994.
ATTEST:
Ci%y Cl~rk/-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~.~. - MEETING OF JULY 19. 1994
RESOLUTION NO. 58-94/FLORIDA MAIN STREET PROGRAM
DATE: JULY 15, 1994
This is before the Commission to approve Resolution No. 58-94 which
authorizes and endorses the submission of an application to
participate in the "Florida Main Street" Program, and also provides
for a funding commitment in the amount of $30,000.00 per year for
three (3) years and other support in an effort to insure the
program's success.
The Florida Main Street Program, sponsored by the State Bureau of
Historic Preservation, recognizes cities that are working to
preserve and revitalize their traditional downtown centers. Main
Street cities are eligible to receive a $10,000 grant to help cover
the cost of program activities.
Pineapple Grove Main Street, Inc. was created to implement the Main
Street Program for the Pineapple Grove commercial area. The group
is made up of business and civic leaders who will be following the
Main Street approach to revitalize the Pineapple Grove area,
regardless of whether or not the designation is actually achieved.
Their first task is the preparation and submission of the
application for the Florida Main Street designation. An important
component of the application is the City's commitment for financial
and other support. The funds committed for this project are
available in Contingency (Account No. 001-6111-519-99.02). As
currently envisioned, the Department of Planning and Zoning will
provide technical support to the Main Street organization, with the
Director acting as the group's City liaison.
At the July 12, 1994, workshop meeting, it was the unanimous
consensus of the City Commission to support this program.
Resolution No. 58-94 formalizes the Commission's endorsement as
well as the funding commitment. Although not included in the
resolution, it is understood that the City's contribution will be
reimbursed by the Community Redevelopment Agency (CRA) from
increased T.I.F. revenues, if the program is successful.
Recommend approval of Resolution No. 58-94.
ref:a:agmemo4
PINEAPPLE iROV'E MAIN STREET. INC.
Proposed Budget- Program Year 1
October 1, 1994 to September 30, 1995
Cash Amounts "In Kind' Total
Public Sector.
City Commission $ $ 30.000 $ 30.000 $ - $ 30.000
Joint Venture - 2.500 2.500
Community Redevelopment Agency' 5.000 5.000 7.600 12.600
Downtown Development Authority' 5,000 5,000 - 5,000
40.000 40.000 10.1'00 50.100
Pnvate Sector.
Fundraising - Founders/Sponsors - 10.000 10.000 - 10.000
Fundraising - Other - 3.500 3.500 - 3.500
Membership Dues - 2.000 2.000 - 2.000
Other - - 4,000 4.000
Total lncome $ - $ 55,500 $ 55,500 $ 14,100 $ 69,600
Salary - Program Manager $ 30,000 $ $ 30,000
Benefits - Program Manager 4.000 4,000
Salary & Benefits - Staff 4,000 4,000
Travel 3,000 3,000
Advertising & Promotion 2,500 2,500
Postage 800 800
Office Supplies 500 - 500
Office Expense
Printing/Photocopy 2.000 2.000
Photographic Supplies 500 500
Insurance 1.000 - 1.000
Rent 3.000 3.000
Telephone ~;,-~-- - 1,200 - 1,200
Professional O~ - -
Answering Machine~ewice 300 300
Contingency - -
Professional 1,500 1,500
Janitorial - -
Projects Budget 15,000 - 15,000
Total Expense~ Ii ~,~00 ~ 14,100 ~ 69,600
Net Surplus (Deficit) ~ ' t; ' ~ '
'Both the CRA and DDA are inciuding the pledge~ herein reflected in their r~ 1994/1995 ~ being
'wo~kshopped' as of the curmflt date. Neither of the age~N3es will finalize it~ budget until Se~. 1994.
4. Lightinq for Pompey Park Outdoor Basketball Courts.
The proposal before the Commission is to provide direction on
whether to proceed with plans to light the outdoor basketball courts
at Pompey Park. The City Manager stated that staff is also
recommending that fencing be included if we proceed with the project.
Joe Weldon, Director of Parks and Recreation, advised that the cost
for the lighting would be $26,500 for construction and $2,100 for
engineering services, for a total cost of $28,600.00; the cost for
the fencing is estimated at $2,000 to $2,500.
On question from Mr. Ellingsworth, the City Manager advised that
funds are available from Contingency to proceed with this project.
Mr. Harden also informed the Commission that staff is looking at the
old basketball courts at the Catherine Strong Center to see if they
can be rejuvenated and made available for play to people in that
neighborhood.
It was the unanimous consensus of the Commission to proceed with
this project (lighting and fencing for the outdoor basketball courts
at Pompey Park).
At this point, the time being 6:10 p.m. and Captain Dane Mark
having arrived at the meeting, the Commission returned to the Special
Meeting portion of the agenda.
SEE MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION FOR JULY
12, 1994.
The Special Meeting was adjourned at 7:20 p.m., at which time
the Commission returned to the workshop.
1. ~lorida Main Street Proqram.
Mr. Jim Stahl, President of Pineapple Grove Main Street, Inc.,
briefly discussed the "Main Street" concept and the focus on the
Pineapple Grove area for this designation. He introduced Susan Brown
(Vice President), John McKenna (Treasurer), Michael Weiner
(Fundraising Chair), MarJorie Ferret from the Joint Venture, and Tom
Fleming, volunteer Main Street Coordinator. Mr. Stahl emphasized
that the initial focus will be on Pineapple Grove with the Main
Street effort; however, if the Main Street designation is achieved,
it is something that will apply to the entire city. He further
stated that the effort to revitalize the Pineapple Grove area will go
forward regardless of whether or not the Main Street designation is
received from the State.
Ms. Susan Brown, Vice President of Pineapple Grove Main Street,
stated that this Main Street effort is an opportunity for the
revitalization of a commercial core that is used by virtually
everyone in the city at some point. She advised of certain critical
dates to be met, the first being the application deadline of July 29,
1994. By that time, they must be able to certify a three-year budget
· as a part of the application. August 24th is the date the group will
make their presentation to the Selection Committee in Ocoee, Florida.
If selected, representatives of the Selection Committee will come to
Delray Beach sometime early in September to visit Pineapple Grove
Main Street. The official program start date is October 1, 1994.
Mr. Tom Fleming, currently the Main Street Coordinator,
discussed in some detail the Main Street program, its purpose and
objectives, benefits derived, and the approach being undertaken to
successfully implement the program in Pineapple Grove.
Mr. John McKenna, Treasurer of Pineapple Grove Main Street,
discussed the proposed budget for the Main Street Program Year
noting that the time frame associated with the Main Street process
requires that the budget include fixed numbers which can be certified
as part of the application to be submitted by the end of July.
In his closing remarks, Mr. Jim Stahl asked the Commission to
seriously consider making the necessary financial commitment to
assist Pineapple Grove Main Street, Inc. in getting the program
started. The actual request is for $30,000.00 per year for three (3)
years.
Discussion by the Commission followed. Mayor Lynch stated that
he is very supportive of the program and, provided the rest of the
Commission concurs, is willing to take the risk and commit to the
funding of $30,000.00 per year for three years. However, this with
the understanding that if the program is successful and the
redevelopment works, the City would be reimbursed this "up front"
money through some kind of an agreement with the CRA where they would
repay the city out of their increased tax increment financing
(T.I.F.) revenues. Also, if there is a grant or grants which may
come in from some other area, possibly CDBG, then the City's share
would go down.
Mr. Fleming advised that the Pineapple Grove Main Street group
has in the last several days been looking at some very specific
funding possibilities that might be available from outside sources,
particularly State and/or Federal sources. They have been in contact
with HUD and are waiting for an answer from Washington which might be
of some additional help.
It was the unanimous consensus of the Commission to support the
Main Street Program concept, subject to working out the terms of an
agreement with the CRA for reimbursement from increased T.I.F.
revenues should the program be successful, and how any other funds
that might be available would work into it.
DELRAY BEACH
Delray Beach Police Department
NI-AmedcaC~
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 '~11;'
(407) 243-7888 Fax (407) 243-7816
199~
MEMORANDUM
RECbtVE,",)
TO: David T. Harden, City Manager JAN 2 1 1996
CITY
FROM: Richard M. Lincoln, Major i~¢
Acting Chief of Police
DATE: January 22, 1996
SUBJECT: .OFF-DUTY DETAIL RATE OF PAY !NCREA. SE.
As you are aware, the P.B.A. requested an off-duty detail rate of pay increase on
September 7, 1995 (copy attached). Due to the fact that we were working on developing
a comprehensive policy on the entire issue of off-duty employment, the rate increase was
delayed until the completion of the policy. We then had discussions as to the viability of
developing a system wherein all off-duty work compensation would go through payroll
deduction both for monitoring purposes as well as ensuring that police department
employees comply with tax regulations. Following meetings with Mr. Safford and Mr.
Gusty, it is our recommendation that we move forward with the rate increase, however,
take no further action at this time with respect to the payroll deduction concept. Among
the different issues identified that could be a problem in administering this type of a
system includes the fact that the employee would oftentimes have to wait two to four
weeks for payment after providing an off-duty service due to the fact that the City would
not pay the employee "up front" and then rely upon thc off-duty employer to make
reimbursement to the City.
It would be my recommendation that we move forward with thc rate modifications and
put present off-duty employers on notice that the rate of pay will increase to $18.00 per
hour effective April 1, 1996 and then increase to $20.00 per hour on January 1, 1997.
This modification will be announced and employers will be notified when you have given
this issue consideration and your approval.
RML/ppt
Attachments
cc: Chief Overman
Finance Director Safford
Human Resources Director Gusty
DELRAY BEACH
Delray Beach Police Department
AII-AmericaC~
300 West Atlantic Avenue. Delray Beach, Florida 33444-3695 I'''''
(407) 243-7888 Fax (407) 243-7816
11[
RECEIVE
1993
MEMORANDUM Die - 8 ! 75
CITY ~ ....... ' '~cc~rc
TO: David T. Harden, City Manager j
FROM: Richard G. Overman, Chief of Police I~/~
DATE: December 7, 1995
SUBJECT: ..OFF-DUTY DETAIL RATE OF PAY INCREASE
Attached is a letter from the P.B.A. regarding a request to increase the off-duty rate of
pay effective 01/01/96 and 01/01/97. It would be my recommendation that we approve
this request as Delray Beach police officers are on the low end of the pay scale in this
regard in Palm Beach County and the increase would not represent an unreasonable step.
I have held off on submitting this request due to the fact that we have been working on
refining our off-duty/extra duty detail policy and now that this has been accomplished, it
would seem to be an appropriate time to address the rate increase. At the present time we
have been discussing the possibility of all of our off duty work being addressed through
payroll with the appropriate I.R.S. deductions calculated and the inclusion of some type
of administrative fee in the hourly rate to offset the time spent on this by City staff.
ppt
Attachment
PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION, INC.
MAILING ADDRESS ~~~ ADMINISTRATIVE OFFICES
P.O. Box 1481 ~ 1501 Whitehall Rond
West Palm Beach, FL 33402 West Palm Beach, FL 33405
(407) 689-3745 (407) 689-3745
(407) 687-0154 Fax
September 7, 1995
Chief Richard Overman
Delray Beach Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444
Dear Chief Overman:
As a result of the officer's interest in the rate of pay
for off-duty details, the PBA is requesting that the City of Delray
implement the following rate increase:
The rate of Off-Duty Detail pay is to increase to $18.00
per hour on January 1, 1996 (approximately four months from this
date), and to $20.00 per hour on January 1, 1997.
If you have any questions or concerns, please do not
hesitate to contact the PBA Office.
Sincerely,
Ernest W.~resident
Palm Beach County P.B.A.
EWG:pda
cc: Alex Eatista
Vinny Mintus
The Voice of Palm Beach County's Law Enforcement
Ernest W. George, President - Robert Provost, Vice-President - Arthur Apicella, Secretary-Treasurer
MEMORANDUM REC~-IVED
FEB - 8'1 4
TO: David T. Harden, City Manager CITY M~
,, , t~[l~lr,b
FROM: Edward J. Gusty, Human Resources Director~'} j°l
SUBJECT: CITY pOLICE DEPARTMENT - OUTSIDE EMPLOYMENT SALARY ANALYSIS
DATE: February 5, 1996
Attached results are from a phone survey completed on February 2, 1996 by Human Resources.
Should you require additional information, please advise.
EJG/pf
SURVEY PAYMENT FOR OUTSIDE EMPLOYMENT/POLICE OFFICER IN
UNIFORM
DATE: February 2, 1996
COMPLETED BY: Patsy
CITY OUTSIDE EMPLOYMENT/PO IN UNIFORM
Boca Raton special rote - not considered overtime paid through special
fund.
Boynton $20.00 per hour no admin, costs/no holiday difference
Coral Springs $20.00 per hour/three hour rninlmtlm
$30.00 per hour/for Holiday detail
Filing fee - $3.00 per hr., per Officer
vehicle req. additional $4.00 per hr., per Officer
Deerfield Beach see BSO
Ft. Lauderdale negotiated between Police Officer and employer
Pompano Beach if paid in cash $19.00 per hour
if billed $20.00 per hour
$27.00 per hour/for Holiday detail
Broward Sheriff's Office $23.00 per hour/three hour minimum
if four or more are needed, a Sergeant is required, and the
Sergeant is paid $26.25 per hour
Dania see BSO
Greenacres Public Safety - they get paid time and one half for working
special detail in uniform
Hallandale $16.78 per hour for Police Officers
$18.45 per hour for Captain
time and one half on the above rates for Holiday detail
West Palm Beach 5% per hour is added to the current rate of pay, therefore it
varies, depending on salary - MIN. $13.72 - MAX. $19.34
Palm Beach County $14.40 per hour- County charges $22.00 which includes
FICA~¢tirement and a 13% administrative overhead. If more
than four Deputies work, they have to have a Supervisor (Sgt.
or above) who is paid $16.70 per hour.
Palm Beach Gardens $20.00 hour
M E M O R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~?~1
SUBJECT: VACANCY ON THE BOARD OF ADJUSTMENT
DATE: FEBRUARY 15, 1996
With the appointment of Lee Wilder, Jr. to the Board of Adjustment as a
regular member, a vacancy has been created for an alternate member on the
Board of Adjustment for an unexpired term ending August 31, 1997.
In order to qualify for membership, a person shall either be a resident
of, or own property in the City, and/or own a business within the City.
Pursuant to commission direction, a check for code violations and property
liens was conducted. None were found.
The following persons have applied and have submitted their applications
and resumes for your review:
Donald Allgrove
Richard Brautigan
David Cohen
Anne Hoctor
Leo Koppman
Janet Phipps
Benjamin F. Ricker, III
Nicole Sarlo
Sid Soloway
Leonard Syrop
The appointment will be made by Commissioner Randolph (Seat #4).
Recommend appointment of an alternate member to the Board of Adjustment to
fill an unexpired term ending August 31, 1997.
lllboa.doc
M E M 0 R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~t~'~'1
SUBJECT: VACANCIES ON THE EDUCATION BOARD
DATE: FEBRUARY 15, 1996
Laura Orlove and Charles W. "Bill" Naron have resigned from their
positions on the Education Board creating vacancies to unexpired
terms ending July 31, 1996 and July 31, 1997 respectively.
In order to qualify for membership, "The members of the Education
Board shall be residents of the City of Delray Beach or shall be a
person with a child or children attending Delray Beach public schools
or shall own property in the city and/or own or operate a business
within the city. Should a member of the Education Board not be a
resident of the City of Delray Beach, or a property owner and/or the
owner/operator of a business within the city, and should that member's
child or children cease attending Delray Beach public schools, then
such member shall no longer be qualified to serve on the board".
Also, it is the intent, if possible, that the membership of the
Education Board shall include members who have a background in busi-
ness, real estate, and/or education.
The following individuals have submitted applications for considera-
tion:
David I. Cohen
Rebecca J. Jennings
L.J. "Sandy" Morrissett
H. Paul Sayrs
Marilyn Schneider
Sylvia Wolf
Pursuant to Commission direction, a check for possible code violations
and/or municipal liens was conducted. None were found.
The appointments will be made by Commissioner Smith (Seat #1) and
Commissioner Alperin (Seat #2).
Recommend appointment of a member to the Education Board to fill an
unexpired term ending July 31, 1996 (Commissioner Smith) and a member
to fill an unexpired term ending July 31, 1997 (Commissioner Alperin).
nnp.doc
Februar7 6.
Ka~i'ly 8~abot~nsl<y~
C./O Boynlon ~ Cha~r of Commer~
~ E. ~ Ave. Suite 1~
~on B~, FL 3~[
~r ~thy,
~ ~ wi~ r~ret that ~ mus[ wi~raw horn ~e De[ray ~each Edu~t[o~ Boar=,
I ~ a~pare~ly bi~en ~ more than I can chew ~om a
~muni~ i~wement. ~ ~ntenttons asa=e, ~f I ~n't get ~e joD =one or g~ve ~t
~c~ent t~me and ~us, I shoul= admit my ;im~=tions.
Fl~n be ~u~ {n a suO~c~ role oleese fee~ ~ee to ~; on me I still ~ave the
desire to ~ the ~mmam~ in ~me fasb=on Please s~pt my apology for
~ Jay
2105 N.W. 16th Street
I)elray Beach. Florida 334't5
December ~t, 1.995
Mayor Tom Lynch
City of Delray Beach
100 N.W. I st Avenue
Delray Beac)~, Florida 33444
Dear Mayor Lynch:
It is with mixed emotions that I submit this letter of resignation from the
Delray Beach Education Board. Due to my acceptance of a new teach{ng
position with Johns Hopkins University, I will be doing a great deal of
traveling and I will be unable to attend regular meetings.
Although I will not be able to continue my work on the Education Board in
an official capacity, I do hope to help in any way possible as my t/me
permits.
I thank you for the wonderful opportunity to work with such an outstanding
and dedicated group of people. It is because of people like this that help
make Delray Beach an All-American City.
Sinc~ely,
Laura K. Orlove
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,S!
SUBJECT: AGENDA ITEM # /0 ~ ' - MEETING OF FEBRUARY 20, 1996
ORDINANCE NO. 9-96
DATE: FEBRUARY 16, 1996
This is second reading and public hearing for Ordinance No. 9-96
rezoning a 0.91 acre vacant, unplatted parcel of land from RM
(Medium Density Residential) to CBD-RC (Central Business
District-Railroad Corridor). The subject property is located at
the southeast corner of S.E. 1st Avenue and unimproved S.E. 6th
Street immediately west of the F.E.C. Railway.
At its public hearing of January 22, 1996, the Planning and
Zoning Board received no public testimony, and the Board voted
6-0 to recommend the rezoning be approved, based on positive
findings with respect to Chapter 3 (Performance Standards) of the
LDRs, policies of the Comprehensive Plan, and LDR Section 2.4.5
(D) (S).
I have reservations about this rezoning proposal. When you look
at the zoning map for the surrounding area, you will see that
this property is surrounded on the south and west by Medium
Density Residential zoning (RM), to the east across the railroad
is R-1-A Single Family Residential zoning. All of these parcels
to the east and west are developed in residential use. On the
north the subject parcel does border CBD Railroad Corridor zoning
which is developed for commercial purposes. However, the subject
property could easily be separated from the commercial develop-
ment to the north and take access off Swinton by paving Southeast
6th Street.
I realize that some would argue that this property is not
suitable for residential use because of its proximity to the
railroad. I can only point out the numerous examples of
residential development up and down the FEC right -of-way in
Delray Beach, Boynton Beach, and Boca Raton. In my opinion, this
proposed rezoning would constitute a commercial intrusion into a
residential area and should not be approved.
Recommend consideration of Ordinance No. 9-96 on second and final
reading.
FAILED ON SECOND & FINAL READING - 2/20/96
ORDINANCE NO. 9-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN THE CBD-RC (CENTRAL BUSINESS DISTRICT-
RAILROAD CORRIDOR); SAID LAND BEING LOT 5, PLAT OF
ANDERSON BLOCK, AS MORE PARTICULARLY DESCRIBED
HEREIN, GENERALLY LOCATED AT THE AT THE SOUTHEAST
CORNER OF S.E. 1ST AVENUE AND UNIMPROVED S.E. 6TH
STREET; AND 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 RM (Medium Density Residential) District; and
WHEREAS, at its meeting of January 22, 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 CBD-RC (Central Business
District-Railroad Corridor) for the following described property:
Lot 5, PLAT OF ANDERSON BLOCK, according to the Plat
thereof recorded in Plat Book 22, Page 45, of the
Public Records of Palm Beach County, Florida.
The subject property is located at the southeast
corner of S.E. 1st Avenue and unimproved S.E. 6th
Street, west of the F.E.C. Railway; containing 0.91
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.
FAILED ON SECOND & FINAL READING - 2/20/96
FAILED ON SECOND & FINAL READING - 2/20/96
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1996.
M A Y O R
ATTEST:
City Clerk
First Reading February 6~ 1996
Second Reading
- 2 - Ord. No. 9-96
FAILED ON SECOND & FINAL READING - 2/20/96
CITY COMMISSION DOCUMENTATION
TO: O~VIO T. HARD~N, CITY MANAGER
DEPSR~/MF_//N/'F/ O./F P .~/L~INING AND ZONING
FROM: -- ),I'F_~,~_Y A. COSTELLO /~SEIq[OR PLANNER
SUBJECT: MEETING OF FEBRUARY 6, 1996
REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO
CBD-RC (CENTRAL BUSINESS DISTRICT - RAILROAD
CORRIDOR) FOR PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF S.E. 1ST AVENUE AND UNIMPROVED S.E. 6TH
STREET, IMMEDIATELY WEST OF THE F.E.C. RAILROAD.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first
reading of an ordinance rezoning a 0.91 acre parcel from RM (Medium
Density Residential) to CBD-RC (Central Business District - Railroad
Corridor).
The subject property is located at the southeast corner of S.E. 1st Avenue
and unimproved S.E. 6th Street, immediately west of the F.E.C. Railroad.
BACKGROUND:
The subject property is an unplatted parcel of land which is currently vacant and
consists of 0.91 acres.
The development proposal is to rezone the property from RM (Medium Density
Residential) to CBD-RC (Central Business District - Railroad Corridor). If the
rezoning is approved, it is anticipated that a development proposal will be
submitted to construct a light industrial type development. Additional
background and an analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
City Commission Documentation
Meeting of February 26, 1996
Rezoning from RM to CBD-RC for the Charles Lee Property
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of January 22, 1996, the Planning and Zoning Board held a public
hearing in conjunction with review of the request. There was no public testimony
regarding the request. After reviewing the staff report, the Board voted 6-0
(Schmidt absent) to recommend that the rezoning request be approved, based
upon positive findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, policies of the Comprehensive Plan, and LDR
Sections 2.4.5(D)(5).
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance for the rezoning from RM
(Medium Density Residential) to CBD-RC (Central Business District - Railroad
Corridor), and setting a public hearing date of February 20, 1996.
Attachments:
P & Z Staff Report and Documentation of January 22, 1996
Ordinance by Others
S:/PLANNING/DOCUMENT/REPORTS/CCREZLEE.DOC
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: January 22, 1996
AGENDA ITEM: V.A.
ITEM: Rezoning from RM (Medium Density Residential) to CBD-RC (Central
Business District-Railroad Corridor) for a Parcel of Land Located on the
Southeast Corner of S.E. 1st Avenue and Unimproved S.E. 6th Street,
West of the F.E.C. Railway.
6ENE~L DATA:
Owner/Applicant ................................. Charles E. Lee
Location .............................................. Southeast Comer of S.E. 1st Avenue and Unimproved S.E. 6th Street, West of
the F.E.C. Railway.
Property Size ............ : ......................... 0.91 Acres
Future Land Use Map ......................... Redevelopment Area #5
Current Zoning .................................... RM (Medium Density Residential)
Proposed Zoning ................................ CBD-RC (Central Business District- Railroad Corridor)
Adjacent Zoning ........................ North: CBD-RC and RM
East: R-1-A (Single Family Residential)
South: RM
West: RM
Existing Land Use .............................. Vacant land.
Proposed Land Use ............................ Rezoning from RM (Medium Density Residential) to CBD-RC (Central
Business District - Railroad Corridor) to accommodate a light industrial
development
Water Service ..................................... Available to the site via a service lateral connection to an existing 16" water
main located along the north side of the property within the unimproved S.E.
6th Street right-of-way.
Sewer Service .................................... Available via a main extension and connection to the existing sewer main
within South Swinton Avenue, approximately 180 feet west of the property.
V.A
The action before the Board is that of making a recommendation
on a rezoning from RM (Medium Density Residential) to CBD-RC
(Central Business District - Railroad Corridor) for the Charles Lee
Property, pursuant to Section 2.4.5(D).
The subject property is located at the southeast corner of S.E. 1st
Avenue (if extended) and S.E. 6th Street (unimproved),
approximately 650 feet south of S.E. 4th Street, and contains 0.91
acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z
Board) shall review and make recommendations to the City
Commission with respect to the rezoning of any property within the
c ty.
The subject property is a vacant parcel of land consisting of Lot 5, Anderson
Block and containing 0.91 acres. City records do not indicate any land use
activity on the subject property.
On May 16, 1995, the City Commission approved on second reading an
ordinance (Ordinance No. 22-95) creating the CBD-RC (Central Business District
- Railroad Corridor) zoning district, and thus, amending the LDRs. The zoning
district was created pursuant to Land Use Element Policy A-5.14 of the
Comprehensive Plan to facilitate the establishment of industrial and commerce
areas as envisioned in the "Village Center" scenario. The zoning district was to
be applied to those areas in the downtown which have been traditionally
developed for light industrial uses.
At its meeting of June 20, 1995, the City Commission approved rezonings to
CBD-RC for various properties along the F.E.C. railroad corridor (Ordinance No.
32-95). During the public hearings, the owner of the subject pr6perty, Charles
Lee, inquired with respect to adding his property into the CBD-RC, as he wanted
to develop the property as light industrial and could not develop it as residential
since the property abuts the railroad tracks. Due to the notification requirements,
the property could not be included in the rezomng. The property owner was
informed that he could submit a rezoning application, and that the LI (Light
Industrial) zone district should be considered rather than CBD-RC, as the LI
zone district development standards are more restrictive and the potential uses
are somewhat limited. However, pursuant to LDR Section 4.6.4 where industrial
zoning is adjacent to residential zoning, the building setback requirements must
be increased to 50 and 60 feet depending on certain circumstances. Due to the
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 2
narrowness of the property and its location, the property would be unde.velopable
unless a variance is granted. As a property cannot be rezoned with a condition
i.e. obtaining a variance, the property could not be rezoned to LI. The CBD-RC
is a mixed use zoning district that was intended to be applied to the central
downtown core. As this area includes a mix of residential and commercial uses,
the special setback requirements for industrial zoning would not apply.
Therefore, the applicant is requesting that the property be rezoned to CBD-RC.
The development proposal is to rezone a 0.91 acre parcel of land from RM
(Medium' Density Residential) to CBD-RC (Central Business District - Railroad
...... Corridor). If the rezoning is approved, it is anticipated that a development
proposal will be submitted to construct a light industrial type development.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval
of development applications, certain findings must be made in a
form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes.
Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate
to the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The subject property has a Future Land Use Map designation of Redevelopment
Area #5 (Osceola Park) and is zoned RM (Medium Density Residential). The
proposal is to rezone the property to CBD-RC Central Business District -
Railroad Corridor). Unlike other land use designations, there are no zoning
classifications that are automatically consistent with a Redevelopment Area
designation. This rezoning petition is being processed pursuant to the "case-by-
case" option more fully described in Future Land Use Element of the
Comprehensive Plan. Based upon the above, a positive finding can be made
with respect to consistency with the Future Land Use Map.
Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 3
of Occupancy. These facilities shall be provided pursuant to levels of
service established within the Comprehensive Plan.
W~ter & Sewer:
El Water service is available to the site via a service lateral connection to an
existing 16" water main located along the north side of the property within
the unimproved S.E. 6th Street right-of-way.
El Currently, there is insufficient fire suppression to properly serve this site
and the immediate area. Therefore, with development of the property
installation of a fire hydrant will be required.
El Sewer service is available via a main extension and connection to the
existing sewer main within South Swinton Avenue, approximately 180 feet
west of the property.
With future development any main extensions and/or upgrades will be the
responsibility of the developer and will be addressed with a full site plan
submittal. 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.
Drainage:
With rezoning requests drainage plans are not required, however, they are
required with a full site plan submittal. As the property is currently vacant, there
are no problems anticipated with the ability of future development retaining
drainage on-site and complying with Lake Worth Drainage District and South
Florida Water Management District standards.
Traffic:
With a rezoning the maximum development under the existing and proposed
zoning designation is assessed. Under the current RM (Medium Density
Residential) zoning designation, the maximum development potential would be a
10-unit multiple family development generating 70 average daily trips. With
development under the proposed CBD-RC (Central Business District - Railroad
Corridor) zoning designation, the maximum development potential would be a
9,909 sq.ft, commercial building generating 1,666 average daily trips. This would
result in a net increase of 1,596 average daily trips. However, the development
proposal is to construct a light industrial project which would generate a
maximum of 72 average daily trips for a net increase of 2 vehicular trips. Traffic
P & Z Board Staff Report
Charles Lee Property ~ Rezoning from RM to CBD-RC
Page 4
concurrency with respect to individual site development proposals_must be
addressed with review of a specific site development plan. However, it is noted
that there is adequate capacity on the surrounding roadway network to
accommodate the traffic from any of the above development scenarios.
Parks and Recreation:
The rezoning from RM to CBD-RC will decrease any additional demand on the
City's park facilities, as parks and recreation dedication requirements do not
apply to the nonresidential uses. Thus, there will be no impact on this level of
service standard.
Solid Waste:
Trash generated each year by the proposed industrial use would be equal to or
slightly greater than trash generated from a multiple family development. Thus,
development of this property under the CBD-RC 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.
COMPREHENSIVE PLAN POLICIES
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following applicable objectives and policies were
found.
Redevelopment Areas - The Redevelopment Area designation is applied to
those areas which have been identified in the Land Use Ele.ment as being
in need of redevelopment. Development shall occur pursuant to a specific
"redevelopment plan" which is to be prepared pursuant to Objective C-2 of
the Land Use Element. If a development proposal is presented to the City
prior to the creation and adoption of a redevelopment plan, that proposal
shall be handled in one of the following ways:
the application shall be placed on hold for not more than six (6) months
while the redevelopment plan is prepared;
the application shall be processed on a case by case basis with the
existing zoning map, the Land Use Element, and the Housing element
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 5
providing the Local Planning Agency with the policy guidance needed
to properly dispose of the application.
The description of the Osceola Park Redevelopment Area (#5) in the
Comprehensive Plan is as follows:
Land Use Element Policy C-2,9 - The Osceola Park Redevelopment Area
(Redevelopment Area #5) is bounded by S.E. 2nd Street, Federal Highway
(S.E. 5th Avenue), S.E. 5th Street, and Swinton Avenue. This area which
has industrial uses with inadequate parking to the west, commercial uses
on the east, 'and a mixed residential area which has turned mainly into
renter occupied units is also encompassed by wellfield protection zones.
The primary focus of this redevelopment plan shall be to arrest
deterioration, provide adequate parking and services for the existing
industrial and commercial areas, and accommodate housing which is
compatible with the other uses.
The proposal involves a narrow parcel of land that has remained vacant for many
years and is located adjacent to the F.E.C. railroad. Development of the
property for residential purposes may not be appropriate or realistic with the
existing industrial uses to the north and the abutting F.E.C. Railroad. Any new
development will be required to comply with the Land Development Regulations,
thus, adequate parking and landscaping will be provided. Based upon the
above, it is appropriate to consider the proposal on its own merits, as permitted
in the "case by case" option under the policies for Redevelopment Areas in the
Comprehensive Plan.
Under the Planning Department Work Program, the Osceola Park
Redevelopment Plan is scheduled to be completed in the late 1996. As an
alternati~ie, the Board could postpone action on this item and accelerate the
schedule for the redevelopment plan. This would require reprioritizing
redevelopment plans and thus, shift the North Federal Highway Redevelopment
Plan to late 1996.
Conservation Policy A-1.1: The practice of monitoring-groundwater
conditions through installation of monitoring wells shall be continued. In
addition, monitoring wells are to be installed for non-residential land uses
which locate within zone 3 around the series 20 and eastern wellfields.
Provisions shall be made for data from these private monitoring wells to be
used in the City's on-going monitoring efforts.
Pursuant to the Wellfield Zone Protection Map, the subject property is located
within zones 2 and 3. The County Wellfield Protection Ordinance, administered
by the Department of Environmental Resources Management (DERM),
determines whether or not monitoring wells are required for any property. An
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 6
affidavit of notification is required to be transmitted to DERM which identifies the
materials that are stored on the site or utilized in the processing aspect of the
facility. This must be provided at the time of site plan submittal. This policy also
addresses LDR Section 3.3.4(A), which requires assurance that provisions of the
County Wellfield Protection Ordinance shall be complied with.
Land Use Element Ob_iective A-1 - Vacant property shall be developed in a
manner so that the future use and intensity is appropriate and complies in
terms of soil, topographic, and other applicable physical considerations, is
complimentary to adjacent land uses, and fulfills remaining land use
needs.
The property has been disturbed and there are no physical conditions that would
prevent development of the property. With regard to compatibility, the CBD-RC
zoning classification allows primarily nonintensive light industrial uses. There are
also special boundary requirements between the commercial and residential
zoning to mitigate any potential impacts. The property can be developed under
the CBD-RC zoning in a manner that would be complementary to the adjacent
residential developments. The proposed zoning fulfills a remaining land use
need of industrial development to provide additional employment as well as
increase the City's tax base.
Section 3.3.2 (Standards for Rezoning Actions): Standards A, B and C are
not applicable with respect to this rezoning request. The following is the
applicable performance standard of Section 3.3.2:
(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.
Properties to the north are zoned CBD-RC (Central Business District -
Railroad Corridor) and RM; to the south and west are zoned RM; and, to
the east, across the F.E.C. Railroad is zoned R-1-A (Single Family
Residential). The land uses adjacent to the property include the following:
north of the property is an industrial development, a multiple family
development and Griffin Gate duplex development; west are 4 single
family homes; south is vacant land; and, east is the Osceola Park
subdivision consisting primarily of single family homes.
Compatibility with the residences to the west and east, across the F.E.C.
Railroad, is not a major concern. There are existing regulations in place to
mitigate impacts with the residences such as trees every 25 feet with a
continuous hedge or 6' high masonry wall adjacent to the residences.
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 7
Further, where commercial zoning abuts residential property, the
proposed building must be set back 10 feet from the residentially zoned
property [ref. LDR Section 4.6.4(A)(2)]. The hours of operation is not a
major concern as most businesses normally operate between 8:00 a.m.
and 5:00 p.m.
Access to the site will be taken from S.E. 1st Avenue which is improved
and serves the adjacent light industrial development on the east side of
1st Avenue and the duplex development on the west side. Thus, the
potentia. I traffic would not be traveling through a residential street. While
access could be obtained utilizing S.E. 6th Street, the street is
~_ unimproved and runs between two residential developments to the west of
the subject site. It would be inappropriate to improve the road to
accommodate industrial or commercial uses. S.E. 6th Street is not
scheduled to be improved in the 5-year Capital Improvement Program,
nor is anticipated that it ever will. Within this immediate area, abandoning
unimproved rights-of-way and aggregation of land is encouraged to obtain
additional site area and accommodate a larger well-planned development.
In light of the above, the applicant may want to consider abandoning the
6th Street right-of-way as well as the alley right-of-way along the west side
of the property.
Section 2.4.5(D)(5) (Rezoning Findings.):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of
Section 3.1.1, 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 a.Dpropriate
for the property based upon circumstances particular to the
site and/or neighborhood.
The applicant has submitted a justification statement which states the following:
The subject property is has been vacant for many years. Development of
the property under the existing RM zoning designation for residential
purposes seems unrealistic as the property is a long narrow parcel of land
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 8
which abuts the F.E.C. Railroad to the east and industrial to the north.
The requested zoning is of similar intensity as other existing industrial and
commercial uses which exist along the F.E.C. railroad, within the Osceola
Park Redevelopment Area, and is more appropriate based upon the
above stated circumstances.
Comment; Item "c" is the basis for which the rezoning should be granted. The
rezoning to CBD-RC is more appropriate given the narrowness of the property
and its proximity to the F.E.C. Railroad and the industrial developments to the
north. Rezoni~g of the property to CBD-RC will enable development in a manner
that will be compatible with the adjacent residences as well as an asset to the
surrounding area. Development of this parcel will be an inducement the area
..... and may encourage redevelopment and development of surrounding properties.
Based upon the above, it is appropriate to rezone the property to CBD-RC
(Central Business District- Railroad Corridor).
The rezoning is not in a geographic area requiring review by the DDA
(Downtown Development Authority) or the HPB (Historic Preservation Board).
Community Redevelopment Agency
At its meeting of January 11, 1995, the CRA reviewed and recommended
approval of the rezoning from RM to CBD-RC.
Site Plan Review and Appearance Board
If the rezoning is approved, it anticipated that a site plan submittal will follow
which requires action by the Site Plan Review and Appearance Board.
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500 foot
radius of the subject property. In addition, Courtesy notices were provided to the
following homeowner's and neighborhood associations:
[30sceola Park Homeowners Association
[3 Old School Square Homeowners Association
Letters of objection and support, if any, will be presented at the Planning and
Zoning Board meeting.
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 9
The rezoning from RM to CBD-RC is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations.
Also, positive findings can be made with respect to Section 2.4.5(D)(5)
(Rezoning Findings), that the CBD-RC is more appropriate given the
circumstances particular to the site. Development of the properly under the RM
zoning may be unrealistic. The CBD-RC zoning appears to be more appropriate
given the narrowness of the property and its proximity to the F.E.C. Railroad and
the industrial developments to the north. The property can be development in a
manner that will be an inducement to the area and may encourage
redevelopment and development of surrounding properties.
A. Continue with direction.
B. Recommend approval of the rezoning request from RM to CBD-RC based
upon positive findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development
Regulations, and policies of the Comprehensive Plan.
C. Recommend denial of the rezoning request from RM to CBD-RC based
upon a failure to make a positive finding with respect to Chapter 3.3.2
(Compatibility) of the Land Development Regulations, and that pursuant to
LDR Section 2.4.5(D)(5) the rezoning fails to fulfill at least one of the
reasons listed.
Recommend to the City Commission approval of the rezoning from RM to CBD-
RC for the Charles Lee Property based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings)
of the Land Development Regulations, and policies of the Comprehensive Plan.
Attachments:
El Location/Zoning Map
El Survey
This Staff Report prepared by: Jeff Costello. Senior Planner
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~?~ 1
SUBJECT: AGENDA ITEM ~ /O'~- - .... MEETING OF FEBRUARY 20. 1996
ORDINANCE NO. 12-96/OUALIFICATIONS FOR GENERAL EMPLOYEE
PENSION
DATE: FEBRUARY 16, 1996
This is second reading and public hearing for Ordinance No. 12-96
which amends the definition of "Employee" to clarify that only
regular full-time employees participate in the General Employees
Pension Plan.
At first reading on February 6th, the ordinance was passed by
unanimous vote. However, Mayor Lynch suggested that perhaps the
plan should be amended to clearly include part-time employees
based on number of hours worked (20 or more per week) as well as
length of employment with the city. Staff has looked into this
and estimates that the annual cost of extending the pension plan
to eligible part-time employees would be approximately $20,000.
The Parks and Recreation Department is the largest user of
part-time personnel, and advises that they have had no problems
with recruiting part-time workers.
At this point, I recommend that part-time personnel not be
included in the definition of employee for purposes of Ordinance
No. 12-96. However, if the Commission wishes to extend the
pension plan to cover part-time employees, I suggest this
ordinance be voted down with direction to order the actuarial
evaluation which is needed before we could adopt an ordinance
providing for the inclusion of part-time employees.
ref:agmemo9
[lTV DF DELR 7
CiTY ATTORHEY'S OFFi(;C
Writer's ~kect
~ELRAY BE~(H
Ali. America City
IIII'
TO: CiW Co~ssion ~'~:~ ~'~-~
FROM' Susan A. Ruby, City Attorney O~la~
SUBJECT: Qualifications for General Employee Pension
The City has routinely only permitted employees to be eligible to participate in the
General Employee Pension Fund if they are regular full-time employees. The City has
in its Personnel Policies a reference to regular full-time employees, as those employees
with a schedule of regular, full-time working hours of forty hours a week.
The City's past practice, is to permit employees who are scheduled to work forty hours
per week to enter the plan. The City's past practice has not listed as eligible participants
in the plan, employees who are regularly scheduled to work less than forty hours per
week.
The City's ordinance, however, contains language which appears to conflict with the
City's past practice. The ordinance before you for consideration attempts to clarify the
pension ordinance in a manner to conform to the City's past practice.
By copy of this memorandum to David Harden, City Manager, our office requests that
this ordinance be placed on the February 6, 1996 agenda for fa'st reading and February
20, 1996 for second reading.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Joe Safford, Director of Finance
General Employee Pension Board Members
Attachment / ~' ~
ORDINANCE NO . 1 2- 96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE
POLICIES AND BEN~FITS", "RETIRRMENT PLAN" OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH; FLORIDA, BY
A~ENDING SUBSECTION (D) , "EMPLOYEE", OF SECTION 35. 089,
"DEFINITIONS"; PROVIDING A SAVINGS CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
S_ection 1. That Subsection (D), "Employee", of Section
35.089, "Definitions", of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
Section 25.089 DEFINITIONS.
(D) "Employee" means any regular full-time employee of the
city, except as otherwise provided herein. The term "employee"
shall not include: City Commissioners; the City Manager (and
assistants); the City Attorney (and assistants); department heads
upon their written election not to participate in Uhe plan;
former department heads who have elected not to participate in
the plan; any person not classified by ~h= City as a re=ular.
full-time employee ---"---~ = -~'~=-~ %r for
---z .... =nc c_l~.~- -- ~= ycaJ; any participant who retires and receives
early or normal retirement benefits under the plan, is
subse~ently re-employed by the City, and elects to continue
receiving retirement income during the period of employment
pursuant to Sec. 35.090(E) of this subchapter; and firefighters
and police officers employed by the city who participate in
another retirement plan.
~ 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 nob affect the validity of the
remainder hereof as a whole par= thereof other than the part
declared to be invalid.
~ That this ordinance shall take effect ten
(10) days after second and final reading.
PASSED AND ADOPTED in regular session on second and final
reacling on this the 20th clay of February , 1996.
City Clerk- / '
First Reading: February 6, 1996
Second Reading: February 20, 1996
clb40bpen, ord
2
ORD NO. 12-96
· ' MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~?~ ]
SUBJECT: AGENDA ITEM ~ /~ - MEETING OF FEBRUARY 20. 1996
ORDINANCE NO. 8-96/MODIFYING THE COMMUNITY
REDEVELOPMENT PLAN
DATE: FEBRUARY 16, 1996
This is first reading for Ordinance No. 8-96 modifying the
Community Redevelopment Plan to accommodate changes to Project
#2.4, "Downtown Mixed Use Redevelopment Project", and to
establish a "Grant Administration Program". The basis for these
changes is outlined in the attached staff documentation and
correspondence from the CRA.
The Planning and Zoning Board considered the modifications at its
meeting of January 22, 1996, and voted unanimously to recommend
approval.
Recommend approval of Ordinance No. 8-96 on first reading. If
passed, a public hearing will be scheduled for March 5, 1996.
ref:agmemo8
CITY COMMISSION DOCUMENTATION
TO: DAVID t. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
?~DE. PARTMENT OF PLANNING ~]~D ZONING
FROM: ~"-JEFF/PERKII~S', SENIOR PLANNER
SUBJECT: MEETING OF FEBRUARY 20, 1996
AMENDMENT TO THE COMMUNITY REDEVELOPMENT AGENCY PLAN
TO ACCOMMODATE CHANGES TO PROJECT # 2.4 "DOWNTOWN MIXED
USE REDEVELOPMENT PROJECT" AND ESTABLISH THE "GRANT
ADMINISTRATION PROGRAM"
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is approval on first reading of proposed
amendments to the Community Redevelopment Agency Plan.
BACKGROUND:
The adopted CRA Plan calls for a "Downtown Mixed Use Project" for Blocks 77 and 85 (the
area bounded by E. Atlantic Avenue, SE 1st Avenue, SE 1st Street, and the F.E.C. Railroad
tracks). The first phase of the project is the Block 85 (Grove Square) project, which is
currently under construction. The CRA is now proceeding with the second phase of the
project, the redevelopment of Block 77 and a portion of Block 78 (located on the south side
of SE 1st Street). At its meeting of December 13, 1995, the CRA Board authorized a
Request for Proposals (RFP) to solicit interested developers. The RFP calls for proposals
for redevelopment of the subject properties to accommodate a "major generator of
economic development." The proposed amendment updates the CRA Plan to reflect the
current status of the Block 85 project and a change in priorities for Block 77 (i.e., large scale
economic generator rather than mixed-use development). In addition to that amendment,
the CRA proposes to establish a "Grant Administration Program" to assist area business
and/or property owners in obtaining grant assistance from Federal, State, or local
governments. The amendment also updates Appendix D "Property Acquisition Maps,"
Table 4-2 "5-year Revenue & Expense Projections," and Table 4-3 "Five-year
Redevelopment Program & Expense Projections" to accommodate the Block 77 project and
the Grant Administration Program.
City Commission Documentation
Amendments to the Community Redevelopment Plan
Meeting of February 20, 1996
Page 2
The attached P&Z Memorandum Staff Report and the associated back-up materials give a
more complete description of the proposed amendments.
REVIEW BY OTHERS:
Planning And Zoning Board:
The Planning and Zoning Board considered this item at its meeting of January 22, 1996.
After a brief discussion, the Board voted unanimously (7-0) to recommend approval of the
amendments.
RECOMMENDED ACTION:
By motion:
Approve, on First Reading, the proposed amendments to the Community Redevelopment
Plan.
Attachments:
El Planning and Zoning Board Memorandum Staff Report
El Letter from Chris Brown to David Harden dated December 18, 1995
El Letter from Chris Brown to David Harden dated January 12, 1995
El Proposed Amendments
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: JANUARY 22, 1996
AGENDA ITEM VI.A.: AMENDMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY PLAN TO ACCOMMODATE CHANGES TO PROJECT #
2.4 "DOWNTOWN MIXED USE REDEVELOPMENT PROJECT"
AND ESTABLISH THE "GRANT ADMINISTRATION PROGRAM"
ITEM BEFORE THE BOARD:
The item before the Board is review and comment regarding a proposed amendment
to the Community Redevelopment Agency Plan.
Pursuant to F.S. 163.360(3), proposed amendments to the CRA Plan must be
presented to the Planning and Zoning Board for review and comment regarding its
consistency with the adopted Comprehensive Plan of the City prior to action by the
City Commission.
BACKGROUND:
The adopted CRA Plan calls for a "Downtown Mixed Use Project" for Blocks 77 and 85 (the
area bounded by E. Atlantic Avenue, SE 1st Avenue, SE 1st Street, and the F.E.C. Railroad
tracks). The project consists of a large scale mixed use development that would increase
nighttime activities and business opportunities in the downtown area, eliminate blighted
structures and properties, and increase housing opportunities in the downtown. The first
phase of the project was the purchase of the Block 85 (Ken and Hazel's Block) property
and sale to a developer for a mixed use project. That property is currently under
construction.
At its meeting of December 13, 1995, the CRA Board authorized a Request for Proposals
(RFP) for the redevelopment of Block 77 and a portion of Block 78 (located on the south
side of SE 1st Street). The RFP calls for developer proposals for redevelopment of the
subject properties to accommodate a "major generator of economic development." At its
meeting of January 11, 1996, the CRA Board authorized the establishment of a "Grant
Administration Program" to assist area business and/or property owners in obtaining grant
assistance from Federal, State, or local governments.
PROPOSED AMENDMENTS:
The proposed amendment modifies the CRA Plan to update it with respect to the current
status of the Block 85 project and to accommodate the change in the focus of
redevelopment priorities for Block 77 (i.e., large scale economic generator rather than
mixed-use development). The amendment also updates Appendix D, "Property Acquisition
P&Z Memorandum Staff Report
Amendments to the Community Redevelopment Plan
Meeting of January 22, 1996
Page 2
Maps," Table 4-2 "5-year Revenue & Expense Projections," and Table 4-3 "Five-year
Redevelopment Program & Expense Projections" to accommodate the Block 77 project.
In addition to that amendment, the CRA proposes to establish a "Grant Administration
Program," which will Changes to Table 4-2 "5-year Revenue & Expense Projections," and
Table 4-3 "Five-year Redevelopment Program & Expense Projections" to accommodate the
program are also included.
COMPREHENSIVE PLAN ANALYSIS:
Objective C-4 of the Future Land Use Element concerns the future development of the
Central Business District (CBD). The Objective calls for development in the CBD according
to the "Village Center" Scenario, which identifies the following elements as major
components:
[] Infill development;
[] Encouragement of first floor retail uses, especially along Atlantic Avenue;
[] Increased non-residential development;
[] New residential development;
[] Increased employment base; and
[] Increased parking opportunities, including tiered parking.
The proposed amendment calls for development of Block 77 with a "major generator of
economic development." That language implies a use which will generate employment in
the CBD, as called for by the Future Land Use Element. The policy also retains references
to creation of new housing and increased parking opportunities in Block 77. The associated
RFP supports the policy by calling for the inclusion of currently vacant and under-utilized
properties, first floor retail uses with upper story office and/or residential uses, and
opportunities for tiered parking. Based on the above, the Board can make positive findings
that the proposed amendments are consistent with the City's adopted Comprehensive Plan.
RECOMMENDED ACTION:
Recommend to the City Commission approval of the proposed amendment to the
Community Redevelopment Plan.
Report prepared by: Jeff Perkins. Senior Planner Date 1/16/96
Attachments:
[] Letter from Chris Brown to David Harden Dated December 18, 1995
El Letter from Chris Brown to David Harden Dated January 12, 1995
[] Proposed Amendments
Community
Redevelopment
· Agency
Delray Beach
December 18, 1995
David T. Harden, City Manager R ~ C; ~ ~ V ~ i"
City of Delray Beach D[C Z 0 1995
100 N.W. 1st Avenue
Delray Beach, Florida 33444 CITY M~X, ....... ~'~t¢.h
RE: Redevelopment Plan Amendment
Dear Dave:
At its regular meeting on December 1995, the CRA Board approved an amendment to the CRA
Plan for Project # 2. 4: "Downtown Mixed Use Redevelopment Project", which is found on page
4.13 of the plan. In order to maintain consistency with the rest of the plan, the following additional
changes were also necessary:
[21 Additional acquisitions were added to the "Property Acquisition Map" found in
Appendix "D"
"Table 4-2: 5-Year Revenue & Expense Projections", found on page 4.41, was
updated.
[21 "Table 4-3: Five-Year Redevelopment Program & Funding Allocations", found on
page 4.42, was updated. Please note that the format of this table has been changed
to reflect both project related revenues and expenditures instead of net figures. This
change was made in order to make the table easier to understand and to maintain
consistency with our 5-year budget format.
Pursuant to the CRA's adopted procedures for amendment of its Redevelopment Plan, the proposed
amendment should be reviewed by the LPA (P&Z Board) and determined not to be inconsistent with
the City's Comprehensive Plan. The Plan is then forwarded to the City Commission with
recommendations. Please initiate the process for adoption by the City Commission. I have included
12 copieg~s'o--~that you have enough for both the P & Z board and the City Commission, along with
Christopher J. Brown
Executive Director
24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
Community
Redevelopment 2 {996
Agency
Delray Beach
J~ua~ ] 2, 1996
David T. Harde~ Ci~ Manager
Ci~ of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
~: Redevelopment Plan ~endment
Dear Dave:
At its regular meeting on January 11, 1996, the CRA Board approved an amendment to the CRA
Plan for a new program entitled "Grant Administration Program", which will be included in our
plan on page 4.35a. We are currently putting together an application for a Development Regions
Grant Fund and this change is necessary before we can except the grant. In order to maintain
consistency with the rest of the plan, the following additional changes were also necessary:
"Table 4-2: 5-Year Revenue & Expense Projections", found on page 4.41, was
updated.
"Table 4-3: Five-Year Redevelopment Program & Funding Allocations", found on
page 4.42, was updated.
Pursuant to the CRA's adopted procedures for amendment of its Redevelopment Plan, the proposed
amendment should be reviewed by the LPA (P&Z Board) and determined not to be inconsistent with
the City's Comprehensive Plan. The Plan is then forwarded to the City Commission with
recommendations. Please initiate the process for adoption by the City Commission. I have already
sent a copy to Diane Dominguez so that this can be included with our current plan amendment to
be reviewed by P & Z next week.
; Yours,
Executive Director
24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
ORDINANCE NO. 8-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH;
FINDING THAT THE MODIFICATIONS CONFORM TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED;
FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH
THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND
MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE
REQUIREMENTS OF FLORIDA STATUTES SECTION
163.360(6)(7); PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a
Community Redevelopment Agency as provided in Florida Statutes Section
163.356; and
WHEREAS, on December 23, 1986, the Board of County
Commissioners of Palm Beach County passed and adopted Resolution No.
R-86-2003 delegating the exercise of the powers conferred upon the
County by Chapter 163, Part 3, Florida Statutes, within the boundaries
of the City of Delray Beach to the governing body of the City of
Delray Beach completely and without limitation; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has heretofore approved a Community Redevelopment Plan on
September 9, 1986, by Resolution No. 49-86 as subsequently amended on
November 24, 1987, by Resolution No. 47-87, and as further ratified
and amended on February 14, 1989, by Resolution No. 6-89, and as
further ratified and amended on September 25, 1990, by Resolution No.
86-90; and as further ratified and amended on April 9, 1991, by
Resolution No. 28-91; and as further ratified and amended on November
26, 1991, by Resolution No. 93-91; and as further ratified and amended
on May 26, 1992, by Ordinance No. 17-92; and as further ratified and
amended on December 1, 1992, by Ordinance No. 60-92; and as further
ratified and amended on February 22, 1994, by Ordinance No. 5-94; and
as further ratified and amended on September 5, 1995, by Ordinance No.
48-95; and
WHEREAS, the Community Redevelopment Agency of the City of
Delray Beach, Florida, hereinafter referred to as the "CRA", has
heretofore adopted a Community Redevelopment Plan; and
WHEREAS, the CRA is desirous of modifying said Plan to
account for certain changes which have occurred since the last
amendment of the Plan, to account for modification or completion of
project components, and to provide for the addition of a new program
to the Plan; and
WHEREAS, the CRA of the City of Delray Beach has recommended
to the City Commission of the City of Delray Beach, Florida, that the
Community Redevelopment Plan be modified, amended and ratified in the
form attached hereto as Exhibit "A"; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications conform to the Community
Redevelopment Act of 1969, as amended; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications are consistent with the City of
Delray Beach's Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modifications meet the applicable requirements
of Section 163.360(6)(7), Florida Statutes; and
WHEREAS, the City Commission shall hold a public hearing on
said modifications to the Plan, after public notice is given in
conformance with the requirements of Chapter 163, Part 3, Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section ~, That the preamble stated above is hereby
incorporated by reference herein, as findings of fact upon which this
ordinance is based.
Section 2. That the Community Redevelopment Plan for the
City of Delray Beach be, and the same is hereby modified, amended and
ratified in the form attached hereto as Exhibit "A" and made a part
hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 8-96
Section 4, That if any section, subsection, paragraph,
sentence or word or other provision of this ordinance, or any portion
thereof, or its application to any person or circumstance, be declared
by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of any
other section, subsection, paragraph, sentence or word or provision or
its application to other persons or circumstances and shall not affect
the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1996.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 8-96
Exhibit "A" to Ordinance No. 8-96
Page 1 of 7
# 2.4: "Downtown Mixed Use Redevelopment Project"
Background
Since its creation, the Community Redevelopment Agency has consistently made efforts to attract
new businesses into Downtown Delray Beach. The economic impodance of the Downtown and the need
for major attractions and nighttime activity generators was well recognized in the 1986 Community
Redevelopment Plan. The City, also realizing the importance of the CBD as a vital and competitive
commercial marketplace, has included several policies in its Comprehensive Plan toward achieving that end.
Blocks 77, 78 and 85, located south of Atlantic Avenue, are situated between the F.E.C. Railroad
tracks and S.E. 1st Avenue. The CRA began to plan acquisition of 9,rose-blocks ~.0f blOCkS 77&85 in
1991 for the purpose of locating a major cinema operator and mixed retail uses in the downtown area. This
location was chosen because all the property unde_.i~: ~nsideratign Was divided among only four owners on
Block 77 and two owners on Block 85 (one of which is the City of Delray Beach). Additionally, large
portions of the two blocks were undeveloped and the major property holding on Block 85 was in foreclosure.
The situation changed in 1993 when a new 10-plex cinema was constructed at the Delray Mall, causing
interest in a downtown cinema to fade. The CRA reevaluated the project and decided to proceed with
property acquisition under the assumption that it could assemble the property and attract a developer
interested in constructing a mixed-use project at the location.
The CRA acquired the major parcel on Block 85, fronting Atlantic Avenue in December 1993 and
additional vacant property in the rear in 1994. In early 1995, the CRA amended its strategy since developer
interest in a large scale mixed-use project had not yet materialized. As part of this new strategy, the CRA
deeided-le-setie~ ~li~itg'~:iRFP's and offer ~ff~iits current property holdings on Block 85 for sale or
~!.i~a-~6~':.a~6i6p_~ii~:~ ,, =- antic~pat~d ..... Redevelopment of these holdings along with planned
redevelopment of the nearby Ocean City Lumber property witt-inereaee '~i~i~~developer interest in
a larger scale mixed-use project in this location. Th,,s,.,,'"'",,-, ^ ",,,,-: ..... ,,,.,, ,t,,: ........... ,,.,,= ,,.,,,,.,~,.,,,"--,= o,.,,.,,-'""':':---',,,.,, ,o, ~, ......... ,.,~,~, ,, ,~, ,,.,"'
~[~'~. P~0?:'~:~'. ~0~.:i~6!!~ji0~ ?elc:ei~ti::6f ~n.:a~P_t~!~':i~§'~o~'~!'~t6: ~ii::ili~6'~'.t:':~'f.6.~
i~!!~[~t_jb6i.li. ~e RF?i ~11 :~kl :~'~6P6~.: fi6 ~"d~i'6'~:~ !i:.~01i~ j~?~'ei.:-U~Se?~:it6:.' i~:b~l~ 16~': ~i! :6f'bi~k. 77
~8 Part 0f. b!0Ck:78,
Project Objectives
~, ASSemble a site' !argeenOugh 'for a large s~le"pr0ject
o Provide economic stimulation and investment in the CBD.
o Improve marketability a~d demand of the retail core.
o Increase nighttime activity in the downtown
o Provide housing opportunities in the downtown area
o Eliminate slum and blighted conditions
.~ Provide more parking in the downtown area
· :> Creation of jobs
Exhibit "A" to Ordinance No. 8-96
Page 2 of 7
Pr o/e_c_t_D 9A¢ _r~ti o n
o Development of a mixed-use redevelopment project.
~ Project to be iocated within the Central Business District within Blocks #77, 78 & 85.
o Phase One of the project may include, but is not limited to, land acquisitions (refer to Appendix "D"
for Land Acquisition Map),constructlon of,~,~,,,~,," ...... '%3 o,--'~,,., site improvements, the solicitation of RFP's
from potential buyers or tenants and sale or lease of some or all ORA property holdings on Block
85.
o Phase Two may include but not be limited to the solicitation of RFP's from private developers,
selection of project developers, design of the project, project economic feasibility studies,
advertisement for disposition of any additional property to be acquired by the CRA for the
implementation and construction of the project.
o Phase Three would include but not be limited to the implementation of project development including
any remaining property acquisitions and disposition of property required for the project participation
and the construction of the project and other matters.
o Phase Four may include the construction or expansion of structures, the providing of additional
structure or surface parking, as well as additional infrastructure as required.
o To attract major buyers, tenants and developers, the CRA may offer incentives (e.g. provision of
parking and off-site infrastructure, financing packages, rent subsidies, sale or lease of land below
market value ~'~dl j~i~'[..:~_~tlU~i~e*i~a?rt!~i~i~_ii~ ~Tj~!6~e~h~).
Project Participants and Administration
o The project will be administered and coordinated by the CRA
o Other participants may include, but are not limited to, the City of Delray Beach, DDA, the Chamber
of Commerce, the 'Council of 100, Parking Management Team, Major Tenant(s) or Purchasers, and
the Project Developer.
Funding Sources
o The CRA and others, as appropriate, shall provide the funding for Phases One and Two of the
project.
o Funding sources for Phases Three and Four shall be provided by the developer selected for the
project, the City of Delray Beach, CRA, DDA, and others as appropriate.
Project Schedule
o The CRA acquired some of the block 85 properties in FY 1993/1994 ~ ~d~P~p~!;_.~._i[ii~ b!~iii~
property holdings on Block 85 in FY 1994/1995'~$!::~[iiSf"~h~'6"~
o Phase Two will commence F~-9~E-t99~ ~!'~_5~!.~6;;:
o Phase Three shall commence on the completion of Phase Two and the determination of feasibility
for proceeding.
o The schedule for Phase Four will be determined upon the completion of Phase Three.
o The Phases set forth above are illustrative only and may be combined with one another as the
circumstances dictate.
Exhibit "A" to Ordinance No. 8-96 Page 3 of 7
Property Acquisition Map
Downtown Mixed-Use Redevelopment
_J
East Atlantic Avenue
SE Ist Street
A. 12-43-46-16-01-077-0010 Lots 1, 2, 3, 8 & 9, Block 77, Town of Delray
B. 12-43-46-16-01-077-0040 Lots 4 to 6 & Lots 7 & 13 (Less N. 16 Ft. Road R/W), Block 77, Town of Delray
C. 12-43-46-16-01-085-0060 $. 79.3 Ft. of Lot 1, Block 85, Town of Delray
:D~' ~i!-I12~1~0i.~0TZ:-~0!00 .~.i..Lot 10&N. 50.5 FL of Lot1 :l,'Block ~, Town of Delray
~<:1!i12~-21~01-077;0112 i S: 24~2 Ft.. of LOt 11 & Lot12,'BIock 77, ToWn ~of Delray
F~.:i'i..i.:~i:i::~12-;~46~1~01-:077-0152 "$. 9~5 Ft of LOt 15 & Lot 16, Block, 77,1Town o! Delray
G~: ." I22;43-46-i'6-01.~077-0170 Lot !7~ BlOCk 77, ToWn of Delray
H. ':..":'::/'.!::~'12-43~:1~01-077~0180 :: LOt 18; B~k 77, Town of Delray
1~?~':'~:']2:~:;1~01~078-00i0 :~Lot: 1;B~::78, ToWn of Delray
J. : '12~-46-16-01-076-0090 N. 69.5 Ft. of Lot 9, Block 78, Town of Delray
Exhibit "A" to Ordinance No. 8-96
Page 4 of 7
# 3.7: "Grant Administration Program"
Back=_ round
To facilitate additional investment within the Community Redevelopment area, the CRA will administer
grants which complement the redevelopment efforts of the CRA and the goals of the Community Redevelopment
Plan. It is anticipated that this additional investment within the CRA district will result in increased opportunities
for residents and have positive impacts on employment, housing, the tax base, and the physical environment,
all of which are positive steps toward the elimination of slum and blighted conditions.
Pro(~ram Objectives
o Provide economic stimulation to the area
o Increase business opportunities
o increase employment opportunities
o Increase housing opportunities
o Prevent the spread of slum and blighted conditions
Program Description
o The CRA may apply for, accept, and administer grants from Federal, State and local governmental
entities, charitable foundations and entities, and such other organizations as may offer grant funds for
the planning and carrying out of redevelopment efforts in pursuit of the purposes of the Community
Redevelopment Plan.
Propram Partici_~ants and Administration
o The program will be administered and coordinated by the CRA
o Other participants include, but are not limited to, Federal, State and local governmental entities,
charitable foundations and entities, and such other organizations as may offer grant funds, and
organizations, businesses or individuals who may participate in the program to receive such grant
funds.
Funding Sources
o Federal, State and local governmental entities, charitable foundations and entities, and such other
organizations as may offer grant funds
Prooram Schedule
o The Program is to be implemented in FY 1995/1996.
4,35a
Exhibit "A" to Ordinance No. 8-96
Page 5 of 7
VII. Revenue Projections
Table 4-2 provides a five-year projection of revenues available for CRA redevelopment programs.
The primary funding source for CRA activities is the Redevelopment Trust Fund. This Fund is the
depository for all TIF revenues generated within the Community Redevelopment Area. Based on estimates
of the current property valuations, and assuming the historic annual increase of 2 percent in these
valuations, together with new construction, it is estimated that the total tax increment revenue generated
by the redevelopment area will be approximately $ 4.5 million over the next live year period. This estimate
is believed to be conservative since it does not include revenues generated by the redevelopment projects
described in this plan. These projects will increase the total tax increment as they are completed and
entered on the tax rolls.
Since its creation in 1985, the CRA has continued to expand its redevelopment efforts into the
surrounding community. Starting with just a few projects, the CRA has increased its activities to include
over two dozen projects and programs. It must be noted; however, that this increased commitment is not
without costs. Consequently, the CRA's overall program has outgrown the limited funding provided by TIF
revenues. To continue its redevelopment effort and provide adequate funding for its various projects and
programs, the agency must now turn to long-term borrowing. Since property values will inevitably increase
as a result of its activities, this method of financing the CRA redevelopment effort can also be looked upon
as an investment in future TIF revenue.
Projected Assessment $318,500,786 $325,081,902 $331,758,178 $338,592,396 $345,567,399
Base Year AsseSSment $245,631,067 $245,631,067 $245,631,087 $245,631,067 $245,631,067
Tax Increment $72,869,719 $79,430,835 $86,127,111 $92,961,329 $99,936,332
Ad Valorem Tax $814,181 $887,489 $962,307 $1,038,666 $1,116,599
REVENUES
Tax Increment Revenues $773,471 $843,114 $914,192 $986,733 $1,060,769
Interest Income $89,718 $29,458 $25,623 $28,712 $17,208
Net Pr,operty Lease Revenues $24,878 $6,283 $12,034 $10,551 $8,867
Project Revenue $3,406,649 $1,048,953 $643,064 $458,704 $622,121
I From, Project, Reserve $803,512 $124,733 $0 $264,169 $129,578
TOTALREVEN,UE,S ,, ,,, $j,748;869 $i;838,540
EXPENDITURES
~ General/Administrative $361,792 $361,521 $375,580 $393,8'54 $406,877
Debt Service: Bond Borrowing $310,388 $329,678 $347,540 $363,975 $353,983
Debt Service: Other $120,355 $240,711 $240,711 $240,711 $240,711
Project Expenses $4,185,693 $1,070,631 $579,918 $703,329 $1,036,972
To Operating Reserve - Bonds $100,000 $50,000 $50,000 $50,000 ($200,000)
To Project Reserve $0 $0 $1,164 $0 $0
, iTOTA~ ~P ENDITURES, i I f~,078~28 ;052 $i ~',9i 3 $,1i7~;869 $i~838743
Table 4-2: 5-Year Revenue & Expense Projections
4.41
Exhibit "A" to Ordinance No. 8-96
Page 6 of 7
VIII. Five-Year Redevelopment Program and Funding Allocations
This section of the Community Redevelopment Plan provides a five-year funding program for the
Planning, Redevelopment and Community Improvement programs & projects which are identified within the
Plan. This five-year program is intended to serve as a guide for project implementation and to assist in
cash flow management. It is not intended to replace the annual budget adopted by the CRA.
Table 4-3 lists estimated project-specific net funding allocations for each CRA project. This table
is for planning purposes only and is not a guarantee of expenditure of funds on a given project. Actual
project allocations will be determined annually through the budget process. As priorities change, projects
are deleted or new projects or programs are created, this table will be amended. It is intended that this
process occur at least once annually, after adoption of the budget.
,,i ,,i, :::i:: : : ::::~, :i, 1::,:,, ,~ ,,I: ~7/9a ...... i,]:,~i,~ I 99/'a3oo
PROJECT REVENUES
2.1 Peach Umbrella Plaza I $40,000 $433,500 $25,000 $0 $0
2.2 Affordable Housing program $90,002 $62,206 $62,817 ${~,457 $64,130
2.4 Downtown Mixed Use Redev. prOject $2,675,250 $150,500 ' '$150,500 $150,500 $150,500
.2.6 S. County Courthouse Expansion 0 $0 $200,000 $0 $0 $200,000
2.8 Bankers Row $3,210 $3,210 $3,210 $3,210 $3,210
2,15 Block #60 - Historic Homes $68,187 $49,537 $209,537 $49,537 $12,281
I~ock #60 - Parking $0 $0 $42,000 $42,000 $42,0(X)
2.17 Peach Umbrella Plaza II $380,000 $0 $0 $0 $0
3.i CRA SubSidized Loan program $50,000 $30,000 $30,000 $30,000 $50,000
3.7 "
Grant Administration program $100,000 $100,000 $100,000 $100,000 $100,000
TOTAL pROJECTREVENUES' $3,406,649 $1,048,953 $643,064 $458,704 $622,121
PROJECT EXPENSES
PLANNING
!.2 w. Atlantic Ave. Redev. Plan $59,721 $0 $0 $0 $0
1.3 CBD Development Plan
1.5 Del Ida Park Neigh. Improvement Plan $5,000 $5,000 $5,000 $3,000 $5,000
1.6 Osceola Park Redev. & Neigh. Improv.
1.4 Master Parking program $0 $0 $0 $0 $0
REDEVELOPMENT
2.1 Peach Umbrella Plaza I $169,0(X) $534,0(X) $0 $0 $0
2.2 Affordable Housing program $148,375 $151,544 $154,831 $158,242 $161,885
2.3 Downtown Anchor with Parking $10,000 $0 $0 $0 $0
2.4 Downtown Mixed Use Redev. project $2,530,010 $0 $6 $0 $0
2.5 Blocks 76 - Redevelopment $0 $0. $0 $0 $6
Block 76 - Parking $275,000 $0 $50,000 $0 $0
2.6 S. County Courthouse Expansion $0 $0 $0 $0 $500,000
S. County Courthouse - prop. Renov. $45,000 $0 $0 $0 $0
2.9 Plneep~e Grove Main Street $10,000 $10,000 $6 $0 '$0
2.10 Municipal Tennis Ce~:tter Rehab. $49,537 $49,537 $49,537 $49,537 $49,537
2.11 N. Federal Hwy. 'Improvement program '$5,000 $5,000 $5,000 $5,000 $5,000
2.12 Old'School Square $0 $0 $0 $0 $0
2.13 Mo~n! Olive Redevelopment $0 $0 $0 $0 $0
2.14 Do~nlown Core Improvement program $30,000 $50,000 $50,000 $30,000 $30,000
2.15 Bkx;k ~60 - Hlsloric Hemes $28,000 $0 $0 $0 $6
Block ~60 - Parking $155,500 $0 $0 $170,000 $6
2.16 Block #61 Redevelopment $0 $0 $0 $0 $0
2.17 Peach Umbrella Plaza II $380,000 ' $0 $0 $0 $0
2.18 8th Street (Tenneco Site) $0 $0 $0 $0 $6
COMMUNITY IMPROVEMENT
3.1 CRA Subsidized Loan program $100,000 $100,000 $100,000 $100,000 $100,000
3.2 Site Development Assistance $10,005 $10,050 $10,000 $10,000 $10,000
3.3 Community Activities Sponsorship $10,050 $10,050 $10,050 $10,050 $10,050
4.42
Exhibit "A" to Ordinance No. 8-96
Page 7 of 7
I : : : :96/97 97/~
.... ;3 4 . ' oelr~ Beach T~°l ~y ~i~rn ; ";$1'0'i~30 $i0,000. .
3.5 Business Development Program '$10,000 $10,000 $10,000 $10,000 $10,000
3.6 Historic Facade Easemef~t Program $25.000 $25,000 $25,000 $25,000 $25,000
3.7 Grant Admlnisbatlon Program $1 {30,000 $100,000 $100,000 $100,000 $100,000
MISC. PROJECT EXPENSES S5oo Ssoo $,500 $5oo $500
~ P , ,
TAL ~E~ EXPENSES S4,i~,~ ~ ~$!i070 S31
Table 4-3: Five Year Redevelopment Program & Funding Allocations
Notes: (1) Project revenue figures include reimbursements to CRA from land sales and from other project participants where
applicable,
(2) All projects shown in this table are subject to availability of funding
4.43