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03-19-96 Regular DELRAY BEACI~ " CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~lI-AmericaC~ 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 March 19, 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 March 5, 1996 Special Meeting of March 12, 1996 6. Proclamations: A. OF NOTE: National Records & Information Management Day - April 2, 1996 7. Presentations: A. RESOLUTION NO. 23-96: Recognizing and commending Fred T. Sergio for his years of service to the City of Delray Beach, and naming the south baseball field at Miller Park, "The Fred T. Sergio Field". B. RESOLUTION NO. 24-96: Recognizing and commending Mayor Thomas E. Lynch for his dedicated service to the City of Delray Beach. 8. Consent Agenda: City Manager recommends approval. A. CONTRACT EXTENSION WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) : Approve Amendment #3 to the City's contract with the Florida Department of Environmental Protection for funding related to the beach nourishment project. Amendment #3 extends the contract until September 1, 1999. B. WAIVER TO REDUCE PAVEMENT WIDTH/DELRAY LAKES: Approve a waiver to LDR Section 6.1.2(B) (3) to reduce the pavement width from 24 feet to 22 feet for residential streets to be located within the proposed Delray Lakes subdivision (former Isles of Delray site on the north side of Lake Ida Road, east of 1-95), based 2 Regular Commission Meeting March 19, 1996 upon positive findings, and subject to the recommended condition. C. FINAL PLAT APPROVAL/DELRAY BEACH MEMORIAL GARDENS BLOCK 20: Approve the final plat for Delray Beach Memorial Gardens Block 20, consisting of 86 burial plots. D. FINAL PLAT APPROVAL/KOKOMO KEY: Approve the final plat for Kokomo Key, a proposed 133 unit townhouse development located on the east side of North Federal Highway, immediately south of the Delray Swap Shop. E. FINAL PAYMENT/DUGGAN BUILDERS, INC.: Approve final payment to Duggan Builders, Inc. for installation of new railing for the cart crossing bridge at the Municipal Golf Course, in the amount of $15,752 from 445-4714-572-46.90. F. FINAL PAYMENT/AHRENS COMPANIES: Approve final payment in the amount of $2,163.30 to Ahrens Companies for work on the Municipal Golf Course Maintenance Area - Washdown Slabs project, with funding from 445-4761-572-62.10. G. CONTRACT AMENDMENT #2/FLORIDA ENERGY EFFICIENT WATER PROJECT: Approve Amendment ~2 to the contract with Tri-County Community Council, Inc. in conjunction with the Florida Energy Efficient Water Project (FEEWP) to reduce the scope of services approved via Amendment #1 and commensurate reduction of project costs. H. RESOLUTION NO. 25-96: Adopt a resolution in support of House Bill 107 entitled "Lottery Accountability Act of 1996". I. RESOLUTION NO. 26-96: Adopt a resolution assessing costs for abatement action required to remove five (5) abandoned vehicles from properties throughout the City. J. RESOLUTION NO. 27-96: Adopt a resolution assessing costs for abatement action required to remove nuisances on 21 properties throughout the City. K. MODIFICATIONS TO AGREEMENT FOR ARCHITECTURAL SERVICES: Approve the use of the City's standardized Agreement for Architectural Services, as modified. L. INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY/ BLOCK 76 FUNDING: Approve the Interlocal Agreement between the City and the CRA regarding the funding of Phase II of the construction of the parking lot in Block 76. M. 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 March 4 through March 15, 1996. -3- Regular Commission Meeting March 19, 1996 N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Marandola Construction, Inc. for the East Road utility and roadway improvements, in the amount of $93,375 from 442-5178-536-61.44, 448-5411-538-62.36, and 334-3162-541-63.10. 2. Contract renewal with Jones Chemicals Company for the purchase of liquid chlorine, calcium and sodium hypo- chlorite via the City of Boca Raton Co-op bid, in the estimated annual cost of $111,345 from 441-5122-536-52.21. 3. Grant awards through the SHIP and HOME programs for the rehabilitation of two single family housing units, to be awarded as follows: $18,522 to Alpha Ultra, Inc. for a project at 826 S.W. 4th Avenue and $17,388 to Henry Haywood for 905 S.W. llth Avenue, with funding from SHIP Account No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-49.19. 4. Bid award to National Ambulance Builders, Inc. for the purchase of one Advance Life Support Vehicle in the amount of $94,805.50 with funding from 501-3312-591-64.20. 5. Contract award to Hay Management Consultants for a classification and compensation study for all positions within the City's classification system, in the amount of $16,770 and support services and travel expenses estimated at $2,683; with funding from 001-6111-519-99.03 9. Regular Agenda: A. RESOLUTION NO. 22-96/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. B. N.E. 1ST COURT SEAWALL REHABILITATION: Consider funding alternatives for the N.E. 1st Court seawall rehabilitation project. C. SPECIAL EVENT APPROVAL/2ND ANNUAL S.O.S. "TASTE OF THE GROVE": Consider a request from Pineapple Grove Main Street, Inc. for special event approval in support of the 2nd Annual S.O.S. "Taste of the Grove" to be held on April 21, 1996, from 4:00 p.m. until 10:00 p.m. D. REQUEST FROM C.J.'S SPORTS BAR AND GRILL: Consider a request from C.J.'s Sports Bar and Grill, 5020 West Atlantic Avenue, to extend the 2:00 a.m. liquor license closing requirement until 5:00 a.m. E. OFFER TO SATISFY LIENS/123 N.W. 10TH AVENUE: Consider an offer of $500.00 to satisfy nuisance abatement liens which exist -4- Regular Commission Meeting March 19, 1996 against property addressed as 123 N.W. 10th Avenue (Lot 4, Block A, West Side Heights). F. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/DELRAY OAKS: Consider approval of an interlocal agreement with Palm Beach County for the acquisition of the Delray. Oaks ecosite and its management as a natural area, required as part of the grant funding process of the Florida Communities Trust (FCT). G. AFTER SCHOOL PROGRAM FEE STRUCTURE: Consider approval of a proposed fee structure for the After School Program. DEMAND FOR JUDGMENT/CHARLIE BROWN, JR. V. CITY OF DELRAY BEACH: Consider a demand for judgment in the referenced matter. I. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a member to the Historic Preservation Board to fill an unexpired term ending August 31, 1996. Appointment by Mayor Lynch. J. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE (RESOLUTION NO. 28-96): Appoint three members to the Affordable Housing Advisory Committee and adopt Resolution No. 28-96. Appointments by Mr. Randolph, Mayor Lynch, and Dr. Alperin. K. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint a member (representative of employees or employee organizations) to the Public Employees Relations Commission for a four year term ending March 13, 2000. Appointment by Dr. Alperin. L. APPOINTMENT OF CHAIRPERSON FOR PUBLIC EMPLOYEES RELATIONS COMMISSION: Designate a regular member of the Public Employees Relations Commission to serve in the capacity of Chairperson for the duration of their term. M. .APPOINTMENT OF CHAIRMAN AND VICE CHAIRMAN/COMMUNITY REDEVELOPMENT AGENCY: Designate a Chairman and Vice Chairman from among the Community Redevelopment Agency commissioners. 10. Public Hearings: A. ORDINANCE NO. 13-96: An ordinance amending LDR Section 6.3.3, "Movable Fixtures Within The Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks. B. SALE OF CITY-OWNED PROPERTY: Consider approval of the Contract for Sale and Purchase between the City and the Community Redevelopment Agency for property located at 17 N.W. 5th Avenue (known as the Shatz property). Regular Commission Meeting March 19, 1996 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 15-96: An ordinance repealing Section 1 of Ordinance No. 107-82 which named Sun Bank as successor Trustee to the General Employees Pension Plan, and terminating the trust agreement which was originally between the City and First National Bank of Delray Beach and thereafter Sun Bank, as successor. If passed, public hearing April 2, 1996. B. ORDINANCE NO. 16-96: An ordinance amending Chapter 90, "Abandoned Property; Junkyards", of the City Code to clarify procedures for the removal of abandoned property from both public and private property, including notice, hearing, collection of costs, and authority to lien; and to provide conformance with Section 705.103, Florida Statutes. If passed, public hearing April 2, 1996. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- WHEREAS, the management and control of information is increasingly critical to every industry, business and government agency, and the systematic creation, distribution, storage and retrieval of records are of critical importance to the continued and efficient operation of any good organization; and WHEREAS, organizations that excel today and tomorrow will be those recognizing information as a major resource and structuring it as efficiently as they do other assets; and WHEREAS, an effective records management program assures the availability of information as a basis for sound decision making by providing security and control against loss by mismanagement, natural disaster, theft or inadvertent destruction; and WHEREAS, constantly changing technologies provide an array of information storage media from paper to electronic storage that require a concerted effort to assure proper retention and control; and WHEREAS, all Delray Beach citizens should recognize the significant and important role that records management professionals render in maintaining appropriate business, civic and government records; and WHEREAS, the Association of Records Managers and Administrators (ARMA) International has the purpose of promoting professionalism and education in Records and Information Management, and providing a forum for the exchange of information and the establishment of standards with records management practices. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim April 2, 1996, as NATIONAL RECORDS AND INFORMATION MANAGEMENT DAY in Delray Beach, and encourage all citizens to recognize the importance of this event. 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 19th day of March, 1996. MAYOR THOMAS E. LYNCH SEAL RESOLUTION NO. 23-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING FRED T. SERGIO FOR NEARLY 30 YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, Fred T. Sergio has been a volunteer as well as an employee of the City of Delray Beach, Florida, for nearly 30 years; and WHEREAS, Fred has provided the City as well as the Parks Department and community organizations with unselfish service and assistance; and WHEREAS, Fred has gained the love and respect of the thousands of children, their parents and families that he has come in contact with over the years; and WHEREAS, on March 2, 1996, the City of Delray Beach, dedicated a field at Miller Park to Fred Sergio as an everlasting tribute to his many contributions to his community and the residents of Delray Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: That on behalf of the City Commission, City Staff, and the Citizens of the City of Delray Beach, we extend our warmest and heartfelt thanks to Fred T. Sergio for his untiring work for the City of Delray Beach and name the south baseball field at Miller Park as the Fred T. Sergio Field. Section 2: That the City Commission of the City of Delary Beach, Florida, hereby expresses its sincere thanks and appreciation to Fred T. Sergio for nearly 30 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 19th day of March, 1996. ATTEST: City CleFk RESOLUTION NO. 24-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING THOMAS E. L~NCH FOR HAVING SERVED WITH DISTINCTION AS MAYOR OF THE CITY OF DELRAY BEACH FROM MARCH OF 1990 THROUGH MARCH 28, 1996. WHEREAS, Thomas E. Lynch was elected to the office of Mayor of the City of Delray Beach, Florida, on March 13, 1990, and was subsequently re-elected to this office without opposition in March of 1992, and March of 1994; and WHEREAS, Mayor Lynch sought to bring stability and harmony to the City Commission as well as to the entire City of Delray Beach during his incumbency; and WHEREAS, during his tenure as Mayor, the City of Delray Beach received the 1993 All America City Award and was named "The Best Run Town in Florida" by Florida Trend magazine; and WHEREAS, in addition to his duties as Mayor and as a successful businessman, Tom has demonstrated his commitment to volunteerism and the improvement of his community by serving as President of the Delray Beach Chamber of Commerce, President of the Delray Beach Sunrise Kiwanis Club, Vice President and Board Member of the Florence Fuller Child Development Center, and Bethesda Hospital Association, among others; and WHEREAS, Thomas E. Lynch has shown unselfish dedication in the performance of his duties as Mayor and has unfailingly given his energy, knowledge and talents to the betterment of the City of Delray Beach; and WHEREAS, true to his oath, Thomas E. Lynch has well and faithfully performed the duties of Mayor of the City of Delray Beach, Florida; and WHEREAS, Mayor Lynch chose not to seek re-election in March, 1996, and the expertise and knowledge provided by this dynamic and dedicated individual will be missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~_gS_T~9/A--~ That the City Commission of the City of Delray Beach hereby recognizes and commends MAYOR THOMAS E. LXNCH for his excellent record of dedicated and faithful public service, and extends the sincere thanks and appreciation of the citizens of the City of Delray Beach for a job well done. Section 2. That the City Commission further wishes him the best of health and happiness in all of his future endeavors. PASSED AND ADOPTED in regular session on this the 19th day of March, 1996. ATTEST: tity Cle~rk ' CITY COMMISSION DOCUMENTATION TO: David T. Harden, City Manager VIA: D~ane Dominguez, Dir..~tor~f Planning and Zoning FROM: John Walker, Project Coordinator/~~ ~-//~ SUBJECT: MEETING OF MARCH 19, 1996 EXTENSION OF DEP CONTRACT No. C-7115 FOR FUNDING RELATED TO THE BEACH NOURISHMENT PROJECT *** CONSENT AGENDA *** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approving Amendment #3 to DEP Contract No. C-7115, which will extend the agreement between the City and the Florida Department of Environmental Protection (DEP), through which funds are reimbursed for the Beach Nourishment Project, until September 1, 1999. BACKGROUND: The existing contract will expire September 1, 1996. At the date of expiration, all contracted work will not be complete, and all appropriated funds will not have been expended. Sufficient funds remain from the initial appropriation to reimburse the State share of monitoring and design tasks into 1999. In order for all funds appropriated by the Legislature to remain committed to the Delray Beach project, the contract needs to be extended. The reason for the early timing of this extension is that our long-time contract administrator with DEP is retiring. Extending the contract now assures continuity for our project as a new administrator is hired and trained. Amendment #3, to DEP Contract #C-7115, has been reviewed and RECOMMENDED ACTION:approved by the City Attorney. By Motion, approve Amendment #3 to DEP Contract No. C-7115. attachments: Amendment #3 Contract No. C-7115 S:\adv~beach\CONTRAC 1 DEP contract No. C-7115 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF ENVIRONMENTAL 1LESOURCE PERMITTING EROSION CONTROL PROGRAM Project Agreement Amendment #3 This AMENDMENT, dated this ~ day of ., 1996, by and between the Florida Department of Environmental Protection, hereinafter referre~ to as the DEPARTMENT, and the City of Delray Beach, hereinafter referred to as LOCAL SPONSOR, serves to amend that project agreement between the DEPARTMENT and the LOCAL SPONSOR dated June 18, 1991, amended November 1. 1991, and August 23, 1992, pertaining to the Delray Beach Nourishment project, hereinafter referred to as the PROJECT. The DEPARTMENT and the LOCAL SPONSOR hereby agree to the following changes and additions: Paragraph 5 of the PROJECT AGREEMENT is hereby revised to read as follows: 5. The LOCAL SPONSOR shall commence construction of the PROJECT on or after execution of this Agreement, and shall complete the project on or before September t, 1999. The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligations or expenditures for the PROJECT except for sand search, beach monitoring, pre-construction environmental monitoring, engineering, and the sea turtle monitoring made on or after February 1, 1987. All other terms and conditions of the PROJECT Agreement dated June 18, I991, amendect November 1, 1991, and August 25, 1993, remain the same. IN WITNESS THEREOF, the parties hereto executed the PROJECT Agreement Amendment on the day and year first above written. City of Delray Beach State of Florida LOCAL SPONSOR Department of Environmental Protection By: By: ATTEST: APPROVED AS TO FORM AND LEGALITY By: Attorney for the Department of APPROVED AS TO FORM AND LEGALITY: Environmental Protection By:, Contract Manager DNR Contract No. C-7115 FLORIDA DEPARTMENT OF NATUR;LL RESOURCES DIVISION OF BEACHES AND SHORES EROSION CONTROL PROGRAM Project Agreement Amendment ~2 This AMENDMENT, dated this ~day of ~LL~LL~ , 1993, by and between the Florida Department of Natural Resources, Division of Beaches and Shores, hereinafter referred to as~che DEPARTMENT, and the City of Delray Beach, hereinafter referred to as LOCAL SPONSOR, serves to amend that project agreement between the DEPARTMENT and the LOCAL SPONSOR dated June 18, 1991, amended November 1, 1991, pertaining to the Delray Beach Nourishment project, hereinafter referred to as the PROJECT. The DEPARTMENT and the LOCAL SPONSOR hereby agree to the following changes and additions: Paragraph 2 of the PROJECT Agreement is hereby revised to read as follows~ 2. The LOCAL SPONSOR agrees to conduct, or cause to be conducted, the eligible PROJECT items identified below subject to acquisition of all requisite environmental and construction permits. The PROJECT consists of thc nourishment of approximately 2.7 miles of shoreline in the City of Delray Beach (Palm Beach County) approximately between DEPARTMENT range monuments R- 180 to R-189, using approximately 1,020,000 cubic yards of beach quality sand. Appropriate pre and post construction monitoring will be conducted.. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs for the PROJECT are as follows: Estimated Costs Eligible Project ~% State Tots[ Federal Non-Federal Cos~ (88.0%) Share ~oca[ Share Sand Placement 4,003,820 2,255,351 1,T&8,&69 1,538,652 1,153,989 594,480 Sand Search 150,000 --- 150,000 132,000 99,000 51,000 Prelim. Engineering 204,696 115,305 89,391 78,6~ 58,998 30,393 Finat Engineering 120,296 67,763 52,533 46,229 3&,672 17,861 Bid and Negotiatio6' 10,000 5,633 4,367 3,843 2,882 1,485 Const. Supervisor 48,277 27,194 21,083 18,553 13,915 7,168 Const. Surveys 30,600 17,237 13,363 11,~9 8,819 4,S&& Envtr. Monitoring % 165,581 93,2~ 72,309 63,632 47,724 24,585 Envir. Monitoring I1 151,700 85,453 66,2&7 58,297 43,723 22,524 Envir. Monitoring %%! 78,600 --- 78,600 69,168 51,876 26,724 Beach Surveys 166,500 --- 166,500 146,520 109,890 56,610 Sea Turtte Monitoring 104,658 --- 10~,658 92,099 69,074 35,5~ Dune Revegetation 60,000 --- 60,000 52,800 39,600 20,400 Economic Study 48,795 --- &8,795 &2,940 32~205 16.590 Subtotal 5,343,523 ~,~57,20~ 2,676,315 2,355,i56 %,766,367 ~ Contingency _ 321,159 --- 321,159 --- 240,869 80,290 Total 5,664,6~2 2,667,2~8 2,997,474 --- 2,007,236 990,238 Note: The above costs for eligible project items are not line-item costs. Funds not needed for one eligible project item may be used for another eligible project item whenever the listed estimated cost is insufficient. The DEPARTMENT and the LOCAL SPONSOR further agree that any and all activities associated with the PROJECT that are no~ shown in the above eligible item listing are the responsibility of the LOCAL SPONSOR and are not · a part of this Agreement. The DEPARTMENT's financial obligation shall not exceed the sum of $2,007,236 or 75% of the non-federal eligible project cost, whichever is less. The LOCAL SPONSOR shall be responsible for all other costs. Paragraph 5 of the PROJECT Agreement is hereby revised to read as follows~ 5. The LOCAL SPONSOR shall commence construction of the PROJECT on or after execution of this Agreement, and shall complete the project on or before September 1, 1996. The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligations or expenditures for the PROJECT made prior to the commencement date of this PROJECT except for sand search, beach monitoring, pre-construction envirOnmental monitoring, enginee~ng, and the sea turtle monitoring made on or after February 1, 1987. Paragraph 16 of the PROJECT Agreement is hereby revised to read ae follows~ 16. Philip .Flood, Environmental Specialist, or his successor hereby designated the DEPARTMENT's Contract Manager for the purpose of this Agreement and shall be responsible for enforcing performance of the Agreement terms and conditions and shall serve as a liaison with the LOCAL SPONSOR and approve.&ll invoices prior to payment. All other terms and conditions of that PROJECT Agreement dated June 18, 1991, amended November 1, 1991, remain the same. IN WITNESS THEREOF, the parties hereto executed the PROJECT Agreement Amendment on the day and year first above written. CITY OF DELRAY BEACH LOC~. / State of Florida Dep~rt3nt of Natural Resources T~oma-~-~.~'/Lynch, Mayor ATTEST: ~ ~~ APPROVED' S FORM D LEGALITY APPROVED AS TO FOkq AND LEGALITY: t~.r~ey for %h~ Department ~nt~a~t Ad~ihistrator Contract Manager DNR Contract No./' ~' %~-- ~ ~f/f3 FLORIDA DEPARTMENT OF NATURAL RESOURCES DIVISION OF BEACHES AND SHORES EROSION CONTROL PROGRAM Project Agreement Amendment ~1 This AMENDMENT, dated this \~-- day of ~'~%~ , 19%\ , by and between the Florida Department of Natural Resources, Division of Beaches and Shores, hereinafter referred to as the DEPARTMENT, and the City of Delray Beach, hereinafter referred to as LOCAL SPONSOR, serves to amend that project agreement between the DEPARTMENT and the LOCAL SPONSOR dated June 18, 1991, pertaining to. the Delray Beach Nourishment project, hereinafter referred to as the PROJECT. The DEPARTMENT and the LOCAL SPONSOR hereby agree to the following changes and additions: Paragraph 5 of the PROJECT Agreement is hereby revised to read as follows: 5. The LOCAL SPONSOR shall commence construction of the PROJECT on or after execution of this Agreement, and shall complete the project on or before September 1, 1993. The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligations or expenditures for the PROJECT made prior to the commencement date of this PROJECT except for sand search, beach monitoring, pre- construction environmental monitoring, engineering, and the sea turtle monitoring made on or after February 1, 1987. All other terms and conditions of that PROJECT Agreement dated June 18, 1991, remain the same. IN ~ITNESS THEREOF, the parties hereto executed the PROJECT Agreement Amendment on the day and year first above written. LOCAL SPONSOR State of Florida CITY~~~H __~ Department of Natural Resources ~~0MASMAYoRE. LYNCH Kirby Bl Green, III,-Director APPROVED AS TO FORM AND LEGALITY ATTEST: Attorney ~or the Department Al~on M~6Grejb~arty, %i%y Clerk ~~atural ~asources ~~anal Susan Ruby, Asst. City At~rn~y DNR Contract AGREEMENT THIS AGREEMENT is entered into this ~ day of ~,5~ , 1991, between the FLORIDA DEPARTMENT OF NATURAL RESOURCES (hereinaft~referred to as the "DEPARTMENT") and the City of Delray Beach (hereinafter referred to as the "LOCAL SPONSOR") for the PROJECT described herein. In consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT is entering into this Agreement in accordance with Chapter 161, Florida Statutes, with the LOCAL SPONSOR for the erosion control project known as the Delray Beach Nourishment project, hereinafter referred to the PROJECT. 2. The LOCAL SPONSOR agrees to conduct, or cause to be conducted, the eligible PROJECT items identified below subject to acquisition of all requisite environmental and construction permits. The PROJECT consists of the nourishment of approximately 2.7 miles of shoreline in the City of Delray Beach (Palm Beach County) approximately between DEPARTMENT range monuments R-180 and R-189, using approximately 1,020,000 cubic yards of beach quality sand. Approximately 10,000 cubic yards will be used for dune reconstruction. Three dune crossovers shall be constructed and the new reconstructed dunes vegetated. Appropriate pre and post construction~monitoring will be conducted. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs for the PROJECT are as follows: Estimated Costs Eliqible Project Items Federal Nonfederal Total State Local Beach Fill' 2,539,163 1,923,337 4,462,500 1,269,403 653,934 Mobilization/ Demobilization 569,000 431,000 1,000,000 284,460 146,540 Sand Search 0 150,000 150,000 150,000 0 Engineering 203,702 154,298 358,000 115,723 38,575 Offshore Environmental Monitoring (Pre-project, construction & post project) 130,870 99,130 230,000 74,347 24,783 Sea turtle monitoring 0 29,750 29,750 22,178 7,392 Beach Monitoring (surveys) 0 76,500 76,500 57,375 19,125 Revegetation 0 10,000 10,000 7,500 2,500 Construction of three protection walkways ~ 35,000 35,000 26,250 8,750 TOTAL 3,442,735 2,909,015 6,351,750 2,007,236 901,599 Note: The above costs for eligible project items are not line-item costs. Funds not needed for one eligible project item may be used for another eligible project item whenever the listed estimated cost in insufficient. The DEPARTMENT and the LOCAL SPONSOR further agree that any and all activities associated with the PROJECT that are not shown in the above eligible item listing are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The DEPARTMENT'S financial obligation shall not exceed the sum of $2,007,236 for this PROJECT. The LOCAL SPONSOR shall be responsible for all other costs. 3. In connection with this Agreement, it is acknowledged that at all times the LOCAL SPONSOR is not acting as an employee of the State of Florida and neither the LOCAL SPONSOR nor its employees are entitled to accrue any benefits of state employment, including revetment benefits, and any other rights or privileges connected with employment in the Florida Career Service. 4. As consideration for the work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. The LOCAL SPONSOR will submit a request for reimbursement of funds on such forms, as attached hereto as Exhibit "A", not more frequently than monthly. These forms shall be certified as accurate by the LOCAL SPONSOR's Project Administrator and the LOCAL SPONSOR Project Financial Officer and submitted to the DEPARTMENT as a payment request along with an interim report of the status of the PROJECT. The DEPARTMENT's Contract Manager has 30 days after receipt of an interim report and billing to determine that the work has been accomplished prior to approving the billing for payment. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten percent (10%) which will be retained on account. The cumulative amount retained shall be disbursed to the LOCAL SPONSOR when the PROJECT is certified complete by the LOCAL SPONSOR and DEPARTMENT staff. A final PROJECT certification inspection by the DEPARTMENT staff shall be made not more than 60 days after the PROJECT has been certified as complete by the LOCAL SPONSOR. 5. This LOCAL SPONSOR shall commence construction of the PROJECT on or after execution of this Agreement, and shall complete the project on or before September 1, 1993. The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligations or expenditures for the PROJECT made prior to the commencement date of this PROJECT except for sand search, beach monitoring, pre-construction environmental monitoring, engineering, and the sea turtle monitoring made on or after June 1, 1987. 6. The LOCAL SPONSOR and the DEPARTMENT agree that they will make every reasonable effort to insure the continued public ownership of those lands lying upland of the PROJECT site and further agree to make every reasonable effort to insure the maintenance of the public access and vehicular parking area lying upland of the PROJECT site during the life of the PROJECT defined as 8 years. 7. The LOCAL SPONSOR agrees to provide to the DEPARTMENT a full accounting of all PROJECT costs at PROJECT completion. Such accounting data shall include actual cost of project construction and all cost expended for mobilization, engineering and design, and supervision and administration. The LOCAL SPONSOR agrees to present the accounting data in such a fashion as to identify actual cost of eligible items as shown in Paragraph 2 of this Agreement. 8. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 9. No person, on the grounds of race, creed, color, national origin, age, sex, or handicap, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 10. The LOCAL SPONSOR hereby insures that it has in force and shall maintain in force throughout the PROJECT period insurance coverage, which most nearly reflects the operation of the LOCAL SPONSOR, which is necessary for the PROJECT, and which is appropriate and allowable pursuant to Florida Statutes. 11. The LOCAL SPONSOR shall save and hold harmless and indemnify the State of Florida against any and all liability, claims, judgements or cost of whatsoever kind and nature for injury to, or death of any person or persons and for loss or damage to any property resulting from the use, service, operation or performance of work under the terms of this agreement, resulting from the negligent acts of the LOCAL SPONSOR, his subcontractor, or any of the employees, agents, or representatives of the LOCAL SPONSOR or subcontractor, to the extent allowed by law. 12. The LOCAL SPONSOR shall seek to coordinate with the selected contractor to prevent any and all damage to sovereignty lands seaward of the line of mean high water, including animal, plant, or aquatic life thereon, resulting from the mobilization, construction or demobilization activities related to the PROJECT. Further, LOCAL SPONSOR shall take all available actions to obtain from the contractor the expeditious restoration of such lands, or the animal, plant, or aquatic life thereon, and/or the payment of damages for such damages. 13. This agreement may be canceled by either party, with or without reason, by giving 30 days written notice to the other party. Said notice shall be sufficient if delivered personally or by certified mail to the address contained herein. In case of cancellation, only amounts accrued to the date of cancellation shall be due and payable. ].4. The LOCAL SPONSOR will permit the DEPARTMENT's staff to examine all PROJECT records and grant them rights to audit any PROJECT books, documents, and papers during the PROJECT and following completion of the PROJECT. The LOCAL SPONSOR shall maintain the records, books, document, and papers for at least three (3) years following completion of the PROJECT. 15. This Agreement may be canceled by the DEPARTMENT without prior notice for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material subject to the provisions of chapter 119, Florida Statutes, and made or received by the LOCAL SPONSOR in conjunction with this Agreement. 16. William K. Whitfield, Environmental Specialist, or his successor is hereby de6ignated the DEPARTMENT's Contract Manager for the purpose of this Agreement and shall be responsible for enforcing performance of the Agreement terms and conditions and shall serve as a liaison with the LOCAL SPONSOR and approve all invoices prior to payment. 17. The LOCAL SPONSOR will appoint a Liaison Officer-to be responsible for the implementation, of the provisions of this Agreement. 18. Any and all notices shall be delivered to the parties at the following address: DEPARTMENT LOCAL SPONSOR Department of Natural Resources City of Delray Beach Division of Beaches and Shores Planning Department Office of Beach Management 100 N.W. 1st Avenue 3900 Commonwealth Boulevard Delray Beach, Florida 33444 Tallahassee, Florida 32399 19. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provision of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 20. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services and documentation shall be maintained to justify any departure from this requirements. Chapter 287, Florida Statutes, is expressly made a part.of this Agreement and is incorporated herein by reference as if fully set forth. 21. The provisions of Chapter 16B-36, Florida Administrative Code, entitled Beach Erosion Control Assistance Program, Chapter 16A-11, Florida Administrative Code, entitled Grant and Contract Accountability Policy, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 22. For this PROJECT, contractual services, labor, direct material purchases, and stock material purchases, as specified in Exhibit "A", are eligible for reimbursement. 23. Any inequities that may subsequently appear in this Agreement shall be subject to negotiation upon written request of either party, and the parties agree to negotiate in good faith as to any such inequities. 24. This Agreement represents the entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing and signed by each of the parties hereto, and attached to the original of this Agreement. 25. This Agreement shall be executed in duplicate, each copy of which shall for all purposes be considered an original. IN WITNESS WHEREOF, the parties have caused these present to be duly executed, the day and year first above written. LOCAL SPONSOR DEPARTMENT C~man ~/~/ Exe~tiv~irector's Signature . Mayor~~E2 L~nch~ '~ or his ~g es /. ] Approved as to~orm and legality a~d lega fficien · ~Att~ ; ] ~ ~ · Assistant City Attorney D~R~~st Kdministra~o~ ! D~ontract Manager~/ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~ ~'~ - MEETING OF MARCH 19, 1996 REQUEST FOR WAIVER TO REDUCE PAVEMENT WIDTH/DELRAY LAKES DATE: MARCH 15, 1996 This is before the Commission to approve a waiver request to Land Development Regulations Section 6.1.2(B) (3) to allow a reduction in required pavement width from 24 feet to 22 feet. The request is in conjunction with a development proposal for a 160 lot, single family subdivision known as Delray Lakes (former Isles of Delray), located on the north side of Lake Ida Road, east of 1-95. The development proposal is to provide a 22 foot pavement width throughout the development. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer and approval of the Fire Marshal, the Commission may authorize a reduction in the minimum required width if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship, and provided this reduction would not endanger public safety and welfare. The City Engineer agrees with the reduction in pavement width. The Fire Marshal indicated that to ensure the public safety and welfare of the residents, the homeowners association should enforce "no parking" on the sides of the street. The Planning and Zoning Board considered this item at its meeting of February 26, 1996 and voted unanimously to approve the Master Development Plan for Delray Lakes, and recommended approval of waiver to LDR Section 6.1.2(B) (3) to reduce the pavement width from 24 feet to 22 feet with the condition that homeowner documents be provided with a provision that they will enforce "no parking" within the swale areas. Recommend approval with conditions, to reduce the pavement width for the internal streets located within Delray Lakes subdivision from 24 feet to 22 feet based on positive findings with respect to LDR Section 6.1.2(C) TO: DAVID T. HA~,DEN, CITY MANA,GER DEPARTMENT OF PLANNING AND~:ONING FROM: JANET MEEKS, SENIOR PLANNER, SUBJECT: MEETING OF MARCH 19, 1996 ****CONSENT AGENDA**** CONSIDERATION OF A WAIVER TO LDR SECTION 6.1.2(B)(3) TO REDUCE THE PAVEMENT WIDTH FROM 24' TO 22' FOR RESIDENTIAL STREETS TO BE LOCATED WITHIN THE PROPOSED DELRAY LAKES SUBDIVISION The action requested of the City Commission is approval of a waiver request to LDR Section 6.1.2(B)(3) to allow a reduction in required pavement width from 24' to 22'. The request is in conjunction with a development proposal for a 160-1ot single family subdivision known as Delray Lakes (former Isles of Delray). The subject property is located east of 1-95 on the north side of Lake Ida Road. The project involves the development of a 160 lot subdivision of conventionally sited single family homes. The development proposal also includes the relocation of the main entrance approximately 600' east to line up with Roosevelt Avenue; installation of a 5' high concrete wall along Lake Ida Road with associated landscaping; guard house and gate; infrastructure improvements i.e. water/sewefldrainage/streets; recreational facilities including: a pool, cabana, tennis courts, tot lot, passive parks; and boat ramps with access to the internal lake, and Lake Ida. The square footage of the homes will vary between 1,386 sq. ft. to 2,375 sq. ft. under air, with base prices ranging from $120,000 to $175,000. Pursuant to LDR 6.1.2(B)(3), the required pavement width for a local street is 24'. The development proposal is to provide a 22' pavement width throughout the development. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and City Commission Documentation Delray Lakes - Waiver Request Page 2 with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The City Engineer with concurrence from the City Manager, agrees with the reduction in pavement width. The reduced pavement width will allow larger swale areas in the right- of-ways which can enhance water quality capabilities of the storm water management system for the project. The Fire Marshal has indicated that the reduced pavement width can create some problems with traffic circulation if cars are allowed to park within the swale areas. Thus, to insure the public safety and welfare of the residents, the homeowners association should enforce "no parking" on the sides of the street. Based on the above, staff would support the waiver request to reduce the pavement width conditioned upon the homeowners' documents containing language regarding the no parking rule. The Planning and Zoning Board considered this item at its meeting of February 26, 1996. After a quasi-judicial hearing, the Board unanimously voted to approve, with conditions, the Master Development Plan for Delray Lakes. The Board also recommended to the City Commission approval of a waiver to LDR Section 6.1.2(B)(3) to reduce the pavement width from 24' to 22' on a 7-0 vote with the condition that homeowner documents be provided with a provision that the homeowner's association will enforce "No Parking" within the swale areas. By motion, approve a waiver to LDR Section 6.1.2(B)(3) to reduce the pavement width for the internal streets located within Delray Lakes subdivision from 24' to 22' based upon positive findings with respect to LDR Section 6.1.2(C) conditioned upon the applicant providing homeowner association documents containing a provision that the homeowner's association will enforce "No Parking" within the swale areas. Attachments: * Master Development Plan Meeksj\ccdoc\mdplake MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER i /~ SUBJECT: AGENDA ITEM # ~'~' - MEETING OF MARCH 19, 1996 FINAL PLAT FOR DELRAY BEACH MEMORIAL GARDENS BLOCK 20 DATE: MARCH 15, 1996 This is before the Commission to approve the final plat for Delray Beach Memorial Gardens Block 20, consisting of 86 burial plots at the municipal cemetery. The plat has been reviewed and approved by staff. Recommend approval of the final plat for Delray Beach Memorial Gardens Block 20. ref:agmemol2 Agenda Item NO. ~ AGENDA REOUEST Date: March 13, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: March 19, 1996 Description of item (who, what, where, how much): Approval of final plat for Block 20. Delray Beach Memorial Gardens. Project No. 93-065 ORDINANCE/RESOLUTION REQUIRED: YES/N~/DRAFT ATTACHED YES~N0~? Recommendation: Staff recommends approval of the fi~r~--~-~t-~or Block 20. Delrav Beach Memorial Gardenia. ~r~ect No. 9~. , - ) Department head signature: !'- ~~.-~ /~-~L/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: ApprovedHold Until:f°r agenda: ~'~O~_~j ~il/~t~/ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AG365313.DOC DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Dan Beatty, P.~~ City Engin~,/~' DATE: March 13, 1995 SUBJECT: Final Plat Block 20, Delray Beach Memorial Gardens Attached is an agenda request for Commission approval of the final plat for Block 20, Delray Beach Memorial Gardens. The subject plat consists of 86 burial plots. Also attached is a location map and a reduced copy of the plat. If acceptable, please place this item on the March 19, 1996 Commission meeting for approval. DB:mm attachment File: TAC 93-065 (A) M365313.DOC I LII IIIL_II 11 It II It Mil LIL I It IML_JLJMI I~ ~t iii iN Ii[YL[I]]}J]II]IT[]TF[E[~IllI-~[~~ITIITITFfH-]-r[TTFFITrl~TTI 'fi Iill il J'J I rlJlj . ,./.i ~ii :mT[titan i71TF1TI] lll111'11l'111 []ilT1TFI [ITi] III[III]TIll Iii I1'1111111 LT_.[f[]I~ ii lll[lll IJJ fi]TIT]T1 ?, ~] II[[IlT]lflll 3IilIIlTITII.. [llllllI]; II I]J_IiiLLLI IIlTlfl]] __ :_'7]] I-[~-HI[N] I]1I[[]1]I [[L[~ I]TrlI1T] ii'Ii fltLr]]lHIl] [I]I[~' [1£1.1il I li lJ :~;. WII!E]I[] [t]EitY[I: I~rfflTrlT1] ~ iL! t.J]ILE[iTll LIIIll[HI'[17 II]If[IIIi !lJJ Jl[]l]ll III-III]I] -- :i i.! .r[l[l]II.-[llI [llI'l]I]iI.[I.I [fIIH]i'I [[]]lI].IIi(-[I [ir.[ITEB ~1.;~ i,...~ .... ~., j.I.M.Lr!]I] fi[fl]I/] [IITI]flTitEI II[ITiTfl ',i'i [1]I[I]I1[[3 ti!lq]III LI]I1.1]]IYI] ITITITITI- ~.~_[]i.IEI I!]I[IIUII1 [IlII. KI] ., ~.t_.~ j HI_i L.J_I] I[ IIIiI-[LTE£IIr[[ULri'I1YI1HI]~TIIIIIII~H ! ..~.1.I dl llll£[]_-[l] []12.[[~IIi f [IINT1T~I] I'TI-H]-Illl-HIL[[] I'[t LII ! 11113 [[fHTITRTI [[IIIIIlBT fl []11Ii [ITZII~E[[I [£[1yI-IBET[I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~t1 SUBJECT: AGENDA ITEM # ~ S-- MEETING OF MARCH 19, 1996 FINAL PLAT APPROVAL/KOKOMO KEY DATE: MARCH 14, 1996 This is before the Commission to approve the final plat for Kokomo Key, a 133 unit townhouse development. The subject property consists of 11.11 acres and is located on the east side of North Federal Highway, approximately 200 feet north of Allen Avenue, immediately south of the Delray Swap Shop. The Planning and Zoning Board reviewed the plat on February 26, 1996, and approved it with the condition that all technical items be addressed prior to action by the City Commission. All technical comments have been addressed and all applicable permits have been received. Recommend approval of the final plat for Kokomo Key. ref:agmemo5 Agenda Item No. ~' ~ ' AGENDA REOUEST Date: March 14, 1996 Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda When: March 19. 1996 Description of item (who, what, where, how much): ~proval of final subdivision plat for Kokomo Key. All applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTIONREQUIRED:YES~RAFTATTACHEDYES~~ Recommendation: Staff recommends approval of the final subdivision plat for Kokomo Key Department head signature- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance. City Manager Review: Approved for agenda: ~'/NO ~ Hold Until. Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file: TAC - KOKOMO KEY file: tac/kokmokey/official/agnda319.doc(A) TO: David T. Harden City Manager FROM: Dan Beatty, City Engineer ,,~/'~ SUBJECT: FINAL SUBDIVISION PLAT KOKOMO KEY DATE: March 14, 1996 Attached is an agenda request for Commission approval of the final subdivision plat for Kokomo Key. The subject plat consists of 133 fee simple lots and was previously approved by the Planning and Zoning Board at the February 26, 1996 Planning and Zoning Board meeting. All applicable permits for the project have been obtained. Also attached is a location map and a reduced copy ot'the plat. If acceptable, please place this item on the March 19, 1996 Commission meeting for Commission approval. DB/gm Att: cc: Claire Lyte-Grahm, Planner file: TAC-Kokomo Key file: tac/kokmokey/official/agatt.doc SITE N LOCATION MAP ~ DELRAY BEACH ~ ~'~ KOKOMO KEY OTY OI~ DICLINY BEACH, FL I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~] SUBJECT: AGENDA ITEM # ~ - MEETING OF MARCH 19, 1996 FINAL PAYMENT/DUGGAN BUILDERS, INC. DATE: MARCH 15, 1996 This is before the Commission to approve final payment to Duggan Builders, Inc. for installation of new aluminum railing for the cart crossing bridge at the Municipal Golf Course. Recommend approval of final payment to Duggan Builders, Inc. in the amount of $15,752 from the Golf Course Repair and Maintenance (Account No. 445-4714-572-46.90). Agenda Item No. ~f AGENDA REQUEST Date:March 7, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When:March 19, 1996 Description of item (who, what, where, how much): Staff request City Commission approve Final Payment in the amount of $15,752.00 to Duggan Builders for installation of new railing for the cart crossing bridge at the Municipal Golf Course. Funding is available from Account No. 445-4714-572-46.90. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approval of Final Payment in the amount of $15,752.00 to Duggan Builders for installation of new railing for the cart crossing bridge at the Municipal Golf Course. Department head signature: ~_/_~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available :~NO Funding alternatives Account No. & Description~-q~[q---~qZ-~.qO Account Balance ~%~ City Manager Review: ~_~/NO Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Act ion: Approved/Disapproved \esd\9562\agreq319 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila ~ C onstruction~Manager Date: March 7, 1996 Subject: AGENDA REQUEST Municipal Golf Course Bridge Railing Repair Project No. 95-62 Attached is an agenda request for City Commission approval of final payment to Duggan Builders for railing replacement of the cart crossing bridge at the Municipal Golf Course. As you may remember, the old bridge railing was wood and in serious decay. The new railing is aluminum and a new raised concrete curb was added to keep the cans from hitting the railing. The work is complete and the City has made all necessary inspections. cc: William Greenwood File 95-62 (A) esd\9562Lfinpay DUGGAN BUILDERS, INC. 520 N. SWINTON AVE. DELRAY BEACH, FL 33444 Phone : (407) 274-9266 Fax : (407) 274-0506 INVOICE Date : 02/28/96 No. : 0000000029 Due Date: 03/09/96 Page: 1 Ship to/Remark City of Delray Beach Environmental Services Department 434 S. Swinton Ave. Delray Beach FL 33444- Via FOB Terms Your# Our# Rep. 10 DAYS 542268 Description Ordered Shipped Unit Price Meas~e Extended Repair to Bridge Railim~. 1.00 1.00 15,752.00 15,752.00 Project: 95-62 CITY OF DELRAY BEACH EN¥1RONMENTAL SERVICES DEPARTMENT PAYMENT REVIEW ~ NOT APPROV~ I~FINAL. pAYMeNT S~b-total: 15,752.00 Tax : 0.00 Total : 15,752.00 Net to Pay: ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~?~/iI SUBJECT: AGENDA ITEM # ~'~' - MEETING OF MARCH 19, 1996 FINAL PAYMENT/AHRENS COMPANIES DATE: MARCH 14, 1996 This is before the Commission to approve a request for final payment in the amount of $2,163.30 to Ahrens Companies for their work on the Municipal Golf Course Maintenance Area - Washdown Slabs project. The work has been satisfactorily completed and all close-out documents received. Recommend approval of final payment to Ahrens Companies in the amount of $2,163.30, with funding from Golf Course Buildings (Account #445-4761-572-62.10). ref:agmemo6 Agenda Item No. ~- AGENDA REQUEST Date: March 11, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: March 19, 1996 Description of item (who, what, where, how much): Staff request City Commission approve Final Payment in the amount of $2,163.30 to the Ahrens Companies for their work on the Municipal Golf Course Maintenance Area - Washdown Slabs Project. The work is complete and staff has received all close-out documents. Funding is available from Account No. 445-4761-572-62.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve Final Payment in the amount of $2,163.30 to the A_hrens Companies for work on the Municipal Golf Course Maintenance Area - Washdown Slabs. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): ~ Funding available~O Funding alternatives (if applicable) Account No. & Description q~-~l-~D~2.~Z-IO ~ ~90[~ Account Balance $~ ~q~ City Manager Review: E~' " ~//~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9507\agreq319 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguil~ff Construction Manager Date: March 11, 1996 Subject: AGENDA REQUEST Municipal Golf Course Maintenance Area Washdown Slabs Proiect No. 95-07 Attached is an Agenda Request for City Commission approval of Final Payment to Ahrens Companies in the amount of $2,163.30 for their work on the Municipal Golf Course Maintenance Area - Washdown Slabs Project. The work has been completed to the satisfaction of the City and all contract close-out documents have been received and are in order. Funding for this project is available from Account No. 445-4761-572-62.10. cc: William Greenwood File 95-07 (A) esd\9507~aglnem319 ~0 39~d SN]UH~ LOOBEgSLOP £S:80 966I/§0/£0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~/1 PROJECT (FEEWP~ DATE: MARCH 15, 1996 On February 20, 1996, Commission approved amendment #1 to our 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 efficiecy of our system operations. It is a matching fund grant program, with FEEWP providing 50% funding for rcommended improvements. Another aspect is that the City's funding contribution is channeled to a low income housing improvement program and the money is used within the city for water conservation measures in low income households. The project scope included in Contract Amendment ~1 involved the cleaning of discharge force mains from lift stations 6, 11, 17, 18, 34, 50, 51, 58 and 80. The FEEWP contractor subsequently reexamined project requirements and notified us of additional work that would be necessary to the cleaning process for force mains from lift stations 11, 17 and 18. Because of the increased cost, staff requested the project scope be reduced to delete the mains serving these three stations. Amendment #2 to the contract limits the scope of the force main cleaning project to lift stations 6, 34, 50, 51, 58 and 80. Total project cost is reduced from $182,767.00 to $104,887.00, of which $98,880.00 qualifies for 50% funding from the Tri-County Community Council. The difference of $6,007.00 will be paid by the City to the program contractor, Professional Piping Services, Inc., via their current state contract. Hence, the City's total cost is $49,440.00 (50% of program allowance) plus $6,007.00 unqualified cost, for a total of $55,447.00. Funding is available from R&R Account #442-5178-536-34.90 (Other Contractual Services). Recommend approval of Contract Amendment #2 with the Tri-County Community Council, Inc. for the Florida Energy Efficient Water Project. ref:agmemo8 Agenda AGENDA REOUEaT :.. D&te: March 13, 1996 Request to bo placed on: XX Regular Agenda Special Agenda Workshop Agenda When** March 19, 1996 Description o£ item (who, what, whore, how much): Staff requests commission Approval of amendment #2 to the city's contract with Tri-County Community Council Inc.in;conjunction with the Florida Energy Efficient Water Program to delete the cleaning of force mains from lift stations 11, 17 & 18 from the scope of services for force main cleaning approved in contract amend- ment #1. Project costs reduce from $182,767.00 to $104,887.00. Revised city costs are $49,440.00 for matching funds payable to Tri-Community Council, and $6,007.00 for non-qualified project expense to Professional Piping Services via Piggyback of their contract with Tri-County. Funding is from R & R Account #442-5178-536-34.90. ORDINANCE/RESOLUTION REQUIRED: ~P/NO DRAFT ATTACHED ~p/NO Recommendation: Staff recommend approval of contract amendment #2 Determination of Consistency with ~omprehensive Plan** City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expend£tu~e of funds): Funding availabl~NO Funding alternati~s ~/~ (if appllcable) Account No. & Description APPr°v'd 'g'nda:leo, Agenda Coordinator Review: Received~ Placed on Aqenda~ Action: Approved/Disapprove4 MEMORANDUM TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Deputy Director ofPU ~ SUBJECT: FEEWP Contract Amendment #2 DATE: March 13, 1996 Attached is an agenda request and a copy of amendment #2 to the city's contract with the Tri- County Community Council, Inc. in conjunction with the Florida Energy Efficient Water Program (FEEWP). This amendment reduces the scope of the force main cleaning project approved in amendment #1. The original project scope included cleaning discharge force mains from lift stations 6, 11, 17, 18, 34, 50, 51, 58 and 80. Subsequent to the city's approval of amendment #1, the FEEWP contractor reexamined project requirements and notified the city of additional work that would be required to accommodate the cleaning process for force mains from lift stations 11, 17 and 18. Due to the magnitude of costs to the city for the additional work, we requested that FEEWP reduce the project scope to delete the mains serving lift stations 11, 17 and 18. The attached amendment is in response to our request and limits the scope of the force main cleaning project to lift stations 6, 34, 50, 51, 58 and 80. Total project cost is reduced from $182,767.00 to $104,887.00, $98,880.00 of which qualifies for 50% matching funds. The difference of $6,007.00 will be paid by the city to the program contractor, Professional Piping Services, Inc., via piggy- back of their current state contract for this work. Please place this item on the agenda for the March 19 regular commission meeting to request commission approval of contract amendment #2 as described herein, approval of issuing a check in the amount of $49,440.00 to the Tri-County Community Council for the city's share of project funding, and approval of piggybacking the contract between Professional Piping Services, Inc. and the Th-County Community Council for force main cleaning services in the amount of $6,007.00. Funding is from R&R account #442-5178-536-34.90. RCH:Iaa cc: Wm. Greenwood J. Rooney file file:feewp ~ .. CONTRACTUAL AGREEMENT · ' , AMENDMENT g2 B~EN TRI-COUNTY COMMUNITY COUNCIL, INC · I~ITY. OF DELRAY BEACH, FLORID. WATER PROJECT Conl~ as foUows: PAGE 31415. ARTICI,~, IV (DEFINITION, SCOI~ AND QUALrrY OF SERVICE), INTENT OF CONTRACT, ~CE #1: It is th~ inter of this Contractto ~fm~d energy conservationmeasnn~dm~f~-d dm'h~ the encr~ 'and wn~r loss' and its whic~ have a simp~ tmyback of ten (I0) y~trs m' ~-_~ up to $11k3,5113.~ PAGE 3/4/5. ARTICLE IV (DEFINITION, SCOI~ AND' QUALITY' OF SERVIC~ B. SCOPE OF WORK, SENTENCE #1: WATER have thc same brake horsepower rating as thc existing motor. Thc budget for premium efficiency motor replacement ~net,a~ prcminm efficiency motor, freight, instnna~a, and start-up. WASTEWATER Designated forcc main cleaning -- lift ~ons offcx~l towed force ~ cleaning project costing $104,887.00). fol~ mnin.~ will ~ P&GE 3/4/5. ARTICLE IV (1)i~VINITION, F~OI~ AND SCOPE OF WORK, MATCH CATF.,GOR¥: Th~ Subgram~ shall provid~ tl~ following rm~h: $~1."/51.S0 (PAIO:' $2,311.~0 /' BALANCE: $49,440.00) C:~WP60~~~B PAGE TWO PAGE 5. ARTICLE V (CONSIDERATION FOR SERVICE~,' b~F4TENCE #h TI~ Prime Contractor agrees to provide line cleaning m~d l~.~r. ~ s~vices and energy conservation measures to the Subgran~ foz a ~tm not to Joel ~-! C~ 01~':Dv~ ~ AY :BE~CR, FLO~mA By:. Da~: ' C:\'WI~60\~\CONTAMND.DB " , ~ ' ' YRI-C:OUNTY COMMUHITY COUNCIL, INC. Jill 'J ....... ; 3Ol North Oklahoma Street ('1 ( ' m ,'/ .... ' '"" : Bonifay, Florida 3242.5 '-.'.-.. ~ ./ L- · ' "~ , t SIALF'T :'.'.' ,-" ": "' '~"'"' CONTRACT FOR SERVICES [-'~ THIS CONTRACT is made between Tri-County Community Council, Inc., hereinafter referred to as the "Prirhe ~ontractor" and Professional Piping Services, Inc., hereinafter referred to as the "Subgrantee", ~VHEREAS, the Sbbgrantee represents that it is professionally qualified, that it possesses the requisite skills, knowledge, quahflcattons 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 u )on tho terms and conditions hereinafter set forth. ' /~TICLE I. COVENANT FOR SERVICES Tl~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 tl. CONDITIONS OF CONTRACT TI{is Contract is subject to all applicable conditions referenced in the Department of Community Affairs' (D )pertinent) Contract #95-CS-1 F-02-42-O4-205 between the Department and the Prime Contractor and those co ~ditions listed below, Waiver of anv of these conditions must be upon the express written approval of the Pti ne 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 subcon~Kacting 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 Con{rector. 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 materiel is , available, upon request of'the Prime Con.tractor~ At the discretion of the Prim~ Contractor, all : equipment and facilities purchased or developed by the Subgrantee with csntract funds shell be turned over to the Prime 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 Depar[ment of Community Affairs which is Attachment A of this contract. D. The Subgrantee shall retain all Contract financial a[qd programmatic records and accounts, including property and personnel, as are deemed necessary .by the Prime Contractor or the Secretary of the United States Oepertment of Energy to assure a proper accounting for all proiect 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 ~)efiod of not less than three (3) years from the termination of agreement unless permission to destroy them is granted by both . {he Prime Contractor and the Department of Energy. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof, If the Prime Contractor requests the examination of those records, such audit shall be made by either an indepcndcnt accounting firm or by Prime Contractor accountants. ]'he cost of the audit shall be the responsibility of the Prime Contractor. E. The Subgrantee agrees to assist the Prime Contractor in complying with all applicable regulations concern{rig the use of oil overcharge recovery 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 undecstanding 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.mpensation, 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 sough[ in the name of the State of Florida. In the event that any books, manuals, films or other copyrightable materials are produced, the Subgrantee shall notify the Prime Contractor. Any and all copyrights accruing under or in connection with the performance under this Contract are 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 a~;tivity, or to further the election or defeat of any candidate for political office. K. There shall be no religious worship, instruction, or proselytization as part of, or in connection with, the performanc~ of the Contract. The Subgra~tee sh~ll comply with all applicable laws, ordinances, and codes of state and local governments. AR FICLE III. AV,~ILABILITY OF ~UNDS No~ withstanding other provisions of this Contract, the State of Florida's performance and obligation to pay un(',er this Contract is contingent upon ar~ annual appropriation by the Legislature, pursuant to s. 216.311, Fla. stat. {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 pert of the Florida Energy Efficient Water Project. 'Th~ purpose of this l~roject is to improve the energy e~ficiency of water and w~stewater treatment, processing, an( delivery systen~s through energy audits, line cleaning, leak detection, arid other energy conservation me sures. A~ additional goal of the project is to improve or extend water service to Iow.Income households. Th, participatin0 system will be expected to provide matching resources for Iow-income households. Tf;e Sub0rantee, as part of thi3 project, shall perform and render as an independent consultant, and not as an a0',en.t, representative c)r employee of the Prime Contractor, all tl3e 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 ts the intent of this Contract that the Subgrantee perform the Line Cleaning required under the Contract be~tween' the Depar'tfnent and the Prime Contractor and provide documentation of services performed and enlergy savings rest~lting from the grant expenditure. B.I Scope of Work T~e Subgrentee shall provide the following services to the Prime Contractor: i 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 Direi:tor; : 3. Pro~,ide monthly reports to Program Director which should include: services rendered and data . . regarding cost and energy savings. AI~TICLEI V. COI~SIDERATION FOR SERVICES Thls is a fixed fee contract. As consideration for ~ervices rendered under this ContraCt, the Prime Contractor · ago'ecs to pay the Siubgrantee a sum not to exceed ~304,077.00. A fee shall be set for each line cleaning ' Io0ation based on site specific conditions. This fee shall be submitted to and ~pproved by the Program Director an~ the FEEWP Adwsory Panel in advance of the line cleaning. Any modification in the fee up to and including !~.." teq percent may berequested and is subject to approval by the FEEWP Advisory Panel. Compensation shall · belprovided to the Subgrantee by the Prime Contractor upon submission of proper invoices in accordance with th~ requirements of s, 287,058, ~ (1989}, No separate reimbur, sal for {ravel may be claimed under this Contract. All costs for services and expenses " mU~st be covered by' the fixed fee rates paid to the Subgrantee set forth in this part, Noi proceeds from this Contract shall be used to pay indirect costs or administrative expens,es. AI~TICLE VI. METHOD OF PAYMENT Thi.Subgrantee is entitled to submit proper invoices to the Program Director, Nancy H. Gilleland, at the following address: Rural Resources, Inc,, 1391 Timbertane 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 " drs wdown will be r~covered and used as payment in the closing of the Contract. AR ICLE 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 assun3p[ions and decisions made, results achieved and difficultie3 encountered; (~.) Work planned for the next work period, targeted results arid 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. Hu{an Carter, or his designee, shall serve as the Contract Management Officer for the Prime Contractor and Roger' Cimbora, Gan:oral Manager, Professional Piping Services, Inc., shall serve as the Project Director for the Sul)grantee' ~ AR¥1CLE VIII. PERI'OD OF CONTRACT Thi 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, re('uest changes in the scope of the services to be performed by the Subgrantee under this Contract. Any ~.~ alt~rations, variations, changes, expanded scope, additional compensation, modifications or waivers of :,~ prdvisions of the Contract, with the exception of the termination of the Contract as delineated in Artlcle X, sh~ll be valid 6nly v~hen they have been reduced to writlnb, duly signed by each of the parties hereto and ~; att:~ched to the original of this Contract. Upon mutual agreement of the Prime Contractor and Subgrantee, the~?i:~i Co ~tract period ma~ be extended. .~ Th,~ Contract may be expanded if, in the Prime Contractor;s judgement, additional work within the scope of th~ task area addressed by this contract would be useful to the accomplishment of th.e designated goals of thi~ project, In reference to Article III, expansion of this Contract would be contingent upon an annual apl~ropriation by th~ Legislature. : AflTICLE X. TERMINATION OF CONTRACT A. This Contrac. t may be unilaterally terminated by the Prime Contractor for refusal by ~e Subgrantee to allow public.access to all documents, papers, letters or other written material subject to the provisions of Chapter 1190 Fie· Stat, 11989), and made or received by the Subgrantee in conjunction witi~ the Contract, or fo~ failure to meet any of the terms or conditions of this Contract. B. This Contract may be terminated by either party for reason or no reason by giving tt~irty [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 adc~ress 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-110 which sets forth - the Uniform Administrative Requirements for Grants-in-Aid to Educational Institutions. Ail finished or unfinished documents, data, studies and reports prepared by the Subgrantee shall be relioquished to.. the Prime Contractor. The Sub0rantee shall be entitled to compensation for services actually performed uP to the date of termination, as determined by the Prime Contractor. D. Notwithstanding the above, the Suborantee shall not be relieved of the liability to the Prima Contractor for damages sustained by' the Prime Contracto¢ by virtue of any breach et" the Contract by the Subg~antee ~or the ~u~pose of set-off, until such time as the exact amount of damages due the Prime Contractor ~rom the Subgrantee is agreed u~on or otherwise determined. E. Termination 'shall be onl~ by written notice. IN WITNESS THEREOF, the pa~ties have caused these present to be du~y executed as of the day and year first above mehtioned at Tallahas~ee, Florida. TRI'-COUNTY coMMuNITY COUNCIL, INC. PROFESSIONAl. PIPING SERVICES, INC. By: ~ ~ula~ Carter - Re,er Cimbora __ Date Chairman, Board of Directors G~eral Manager ~ ~ Tri-County Community Council, Inc. Professional Piping Services, Inc. ("The PHme Contractor") ("The Subgrantee"} Attachment A .STANDARD CONDITIONS OF CONTRACT This Contract 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. Allowable 'Cost~ 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 o! High Education~ Hospitals, and Other Nonprofit Organizations,' and either OMB Circular No. A-87, 'Cost Principles for State and Local Govemments,' 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 administrative ' ~xpenses unless explicitly authorized In the budget in the contract. 2. .TermlnatiQn of C(~ntract Ia) 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,lthe Department may at its option exercise any of its remedies set forth herein, but the Departme~ may make any payments or parts of payments after the happening of any Events of Default witho~ ut thereby waiving the right to exercise such remedies, and without becomin, g liable to make any further payment: 1. If any warranty or representation made by the Contractor in this Contract or any previous Contract with the Department shall at ar~y time be false or misleading in any respect, or if the Contractor shall fail to keep, observe or p~rform any of the terms or covenants contained in this Contract or any previous agreement with the Department and has not cured .such in timely fashion, or is unable or iunwilling to meet its obligations thereunder; 2. If any matedal adverse change shall occur in the financial condition of the Contractor at any time during 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 matedal adverse change within thirty (30) day~ from the time the date written notice is sent by the Department. 3. If 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~ppening of an Event of Default, then the Department may, at its option, upon wdtten not]ce to the Contractor and upon the Contractor's failure to timely cure, exercise any one or more of the followin~ remedies, either concurrently or c. onsecutively, and the pursuit of any on..e, of the A-1 Revised 05/25/95 following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherWise provided at law or in equity: 1. Terminate this Contract, provided that the Contractor/Recipient is given at least fifteen (15) days prior written notice of such termination. Tile notice shall be effective when placed in the United States mail, first Class mall, postage prepaid, by regis!ered or certified mail-retum 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, to include but not be limited' to, requesting additional information from the Contractor to determine Ihs reasons for or the extent of non- compliance or I,~ck of performance, Issuing a written warning to advise that'more serious measures may be taken .if the situation is not corrected, advising the Contractor/Recipient to suspend, dlscontinu~ 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 Ineligible; ' 5. Exerclse any other rights or remedies which may be otherwise 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 c~mpliance with applicable rules, laws and regulations; failure to perfm'm in a timely manner; and refusal by Ihs Contractor to permit public access to any document, paper, letter, or other material ~ubJect to disclosure under Chapter 119 and 240.241, Fit, S.t.a.t.., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, F.._la. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Contractor shall retum 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 writte.n, mutual consent of the parties. .. This contract may 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. Thls contract may be unilaterally terminated by the Department [f the Contractor refuses to allow : publlc access to' all documents, letters, or other materials subject to the provisions of Chapter 119, F.S. which were'prepared or received by the Contractor in conjunction 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 exernptior) is s~Jbject to the Open Government Sun,et Review Act in accordance with F.$. 119.14. (g) Notwithstanding the above, the Contractor/Recipient shall not be relieved of liability to the Department by virtue of any breach of Contract by the Contractor to the extent permitted by. law, The Departm.~nt 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 frgm the Contractor/Recipient is determined, In the event ct" termination of the contract by either party, all property purchased with funds under thls contract shall become the property of the Depa~ment and disposed of in accordance with 10 CFR 600, Subpsrt E, which sets forth the Uniform Administrative Requirements for Grants and Cooperat!ve Agreements with State and Local Governments. Ail finished or 0nfinished documents, data, studies, and reports prepared by the Contractor shall be relinquished 'to the Department. The Co0tractor shall be entitled to compensation for a,Spmvcd sen/Ices 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 o! the services to be performed by the Contractor under this contract. Such changes, including any ~ncrease 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 contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the Department. However, the Contractor may employ consultants to assist in the performance of its responsibilities under this contract with the prior written consent bf the Department. 'The Contracto'r shall furnish the Departmeht copies of any and all assignments, agreements, or subcontracts connected with this contract. 5, .Subcontracts (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. .Continaent Fe~s Prohibite_d The Contractor' warranLs 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 liability, or in its discretion to deduct from the compensation,; or otherwise to recover the full amount of such commission, percentage, brokerage, or contingent fee. 7, Oiscrlmina_tion_:in. Employmer~t Prohibited The Contractor, agrees to comply with Executive Order 11248 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 regulat[ons (41 CFR Part 60). In ac(~rdance 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, to discrimination under any program or activity, in which the Department receives federal assistance from the Department of Energy. (a) The Contractor agrees to maintain financial procedures and support documents, in accordance. with generally accepted-accounting principles, to account for the receipt and expenditure of funds under this Contract. (b) These records shall be available at all reasonable times for Inspection, review, or audit by state personnel and other personnel duly authorized by the Department. 'Reasonable' shall be construed accdrding'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 with 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 requlremer~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 05/25/95 Auditor Genera. I, State of Florida, are not required to provide separate copies of the audit, provided that the Agenc,y's or institution's audit is scheduled for automatic distribution. 1. The anpual financial audit report shall Include all management letters and the Contractor's response to all. findings, Including corrective actions to be taken, 2. The anpuai financial audit report shall include a schedule of financial assistance specifically ideritifying all Contract and grant revenue by sponsoring agency and Contract number. 3. The bomplete financial audit report, including all items specified in (12)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs · Office of Audit serVices 2740 Centervlew Drive Tallahassee, Florida 32399-2100 (e) In the event the audit shows tl'~,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 aqd Contract provisions within thirty (30) days aller the Department has notitied the Contractor of Such non-compliance. (0 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 pedod, the records shall be retained until the litigation or audit findings have been resolved. 9. Records R..ete,nti0n (a) If appllcab!e, Contractor's peflormance under this Contract shall be subject to OMB Circular No. A-102, "Unifofin 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 No. A-122, "Cost Principles for Nonprofit Organizations." If this Contract is made with a commercial (f6r-profit) organization on a cost-reimbursement basis, the Contractorl .Recipient shall be subject to Federal AcqUisition Regulations 31.2 and 931.2. (bi 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 of 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 beyopd 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 ol non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. , A-5 Revised 05/25/95 3, Records relating to real propert7 acquisition shall be retained for three years a~'ter closing of title. (c) All records, Including supporting documentation of all program costs, shall be sufl'iclent to determine compliance with [he requirements and objectives of the Budget artd Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Contractor, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Contract, shall allow access to its records at reasonable times to the Department, '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. "Agents" shall include, but not be limited to, auditors retained by the Depadment. = 10. ,StandardCo,nditiQns The Contract°r agrees to be bound by the following standard conditions: (a) The Statb of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature, and subject to any modif'mation in accordance with Chapter 216,'Fla. Stat. (b) If otherwise allowed under this Contract,' extension of a Contract for contractual services shall be in writing 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 criteria 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 Contract, all bills for any travel expenses shall be submitted in accordance with s. 112.061, ia..F_~. · (e) The Depe;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, Fie. Stat., and made or received by (he 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§earch 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 provlded for such ' project. This ~xemption is subject to the Open Government Sunset Review Act In accordance with F.S. 119.14. : A-6 Revised 05/25/95 11, ~ublicalion end Publicity The Contractor shall r~ot publish arty materials funded by this contract w~tl~out the prlor written approval of the Department. All publications shall acknowledge that the program is supported by funds granted by the Department of Energy and the Department, 12. patents and Co_o_vrlghts If the Contractor brings to the Performance of this contract a pre-existing patent or copyr!ght, the Contractor shall retain all rights and entitlement to that pre-existing patent or copyright unless the contract provides otherwise. Title to any Invention conceived or reduced to practice in the performance of this project wili 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 I performance o! 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 tl~e submission of Ihe workplan required by Article II, the Contractor shall disclose all intellectual pro,part, es relevant to the performance of th~s contract which he or she knows or should know could glv~ rise to a patent or copyright, The Contractor shall retaln all 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 pertaining to this contract as deemed necessary by the Department. The Contractor will monitor its subcontractors. i 14. Certification Reg_ardi_r)._a. Lobbying The Contracto~$hall execute the Certification Regarding Lobbying, Attachment C, which is attached { to, and incorpd, rated by reference in, this contract.. 15. Lobbying and PoJitical. Activity__ Pro_hibite.d The Contractoi/Rectplent 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 anyI 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 ir{ connection with the awarding of any Federal contract, the making of anY Federal grant, the making of any Federal loan, the entering into o! any cooperative agreement, and the A-7 Revised 05/'25/95 extension, continuation, renewal, amendment or modification of any Federal contract, gray,t, loan or cooperative 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 s~bmit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.: lc) 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, i~nd cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon/which 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 Sec[ion 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 ,. i more than $100,000 for each such failure. (d) No funds oi' other resources received from the Department in connection with this Contract may ' be used direct.'ly or indirectly to influence legislation or any other official action by the Florida · Legislature or any state agency. _ Actiw _tyProh~blted There will be nO, religious worship, instruction, or proselytization as part of, or in connection with, the performance of this contract. 1'7. Com_olian_~e._wi_t_h Local Laws The Contracto~ shall comply with all applicable laws, ordinances, and codes ol~ state and local governments. ' ! 8. Deb~rred.~a._nd Suso_e_nded Parties. 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 subi;ontract 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 Act~ 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. 13~8), Executive Drder 11738, add Environmental Protection Agency regulal, lons (40 CFR Part 15). A-9 Revised 05/25/95 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER'S// SUBJECT: AGENDA ITEM ~ ~.H'- REGULAR MEETING OF MARCH 19o 1996 RESOLUTION NO. 25-96 IN SUPPORT QF HOUSE BILL 107 (LOTTERY ACCOUNTABILITY A~ OF 1996) DATE: MARCH 14, 1996 We have received a request from the City of Boynton Beach to adopt a resolution in support of House Bill 107, entitled the "Lottery Accountability Act of 1996" In summary, the bill requires the Department of the Lottery to submit monthly reports to members of the Legislature and to provide for monthly publication in a newspaper of general circulation in each county of specified financial information. It creates a study commission to examine the benefits and disadvantages of the state lottery and to report its findings to the Legislature. House Bill 107 further provides that beginning with fiscal year 1996/97, and each fiscal year thereafter for 5 years through the 2000/2001 fiscal year, the amount of lottery funds that have replaced general revenue funds for public education shall be returned to use for educational enhancement purposes on a percentage basis, 20% more each year, increasing to 100% in FY 2000/2001. For each fiscal year thereafter, all lottery funds are to be used only for educational enhancement as originally intended and not as a substitute for existing resources for public education. Recommend approval of Resolution No. 25-96. ref:agmemo4 RESOLUTION NO. 25-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF HOUSE BILL 107 ENTITLED "LOTTERY ACCOUNTABILITY ACT OF 1996"; PROVIDING AN EFFECTIVE DATE. WHEREAS, the "Lottery Accountability Act of 1996", amending Section 24.105, Florida Statutes, has been proposed to require the Department of the Lottery to submit monthly reports to each member of the Legislature and to provide circulation in each county of specified financial information, and to create a study commission to examine the benefits and disadvantages of the state lottery and to report its findings to the Legislature, as well as providing that lottery funds which have replaced general revenue funds for public education shall be returned to use for educational enhancement purposes; and WHEREAS, the promise that lottery proceeds would be used for educational enhancement is viewed by the public as unfulfilled; and WHEREAS, while the City of Delray Beach acknowledges' that the Florida lottery generates significant revenue for the state, little is known or understood by Floridians of the financial structure of the lottery, and Floridians have a right to know the financial structure of the Florida lottery and the uses of its revenues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section ~, That the City Commission of the City of Delray Beach strongly supports House Bill 107 entitled "Lottery Accountability Act of 1996". ~ That the City Clerk is directed to forward a copy of this resolution to each member of the Palm Beach County Legislative Delegation, the Palm Beach County Board of County Commissioners, each municipality in Palm Beach County, and Governor Lawton Chiles. Section 3. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 19th day of March, 1996. ~/'~~~ ATTEST: ~ity ~l~rk ;1.rid. '.u.., ......t.tiv.. - ',,,. HB 107 ",,../1 h b~l to be nnt£tlnd the "LettB~y AnoountBbllity Ant ot 1996"; n~and~nB s, 2&.t05~ £,~., fslntlng to duties $ the DspmrtMnt n~ tho Lutteryj roqu~r~flI 7 ;retting n r~udy comalss~on to examine 8 benefits ekd d~dvintnoas o£ ~he state rotuFn to Idv;atinni~ onhnacimen~ of ~otti~y 12 for pubA~c eduoat~on; providing an e~oct/ve MMER~6~ ~h~l~ Florid~'f lottery ~ one o~ tho nmt~an'o l~ mo~t mu~cu~2, generating tremondo~ couenuo fo~ the ~nte, 18 ~ct~e and benefits of tb~ lottery, nad ~HER~G; the pzom~s, of tho use of lottery proceeds 2~ unfulfilled, 2~ education ~om ~ith lot~ery do~laes hli resulted ~n oyn~G~m 24 r~ard~s the state's ~o~aeflt tn educational funding, and 27 and 28 MU~AS, ti~u28r public d~scloJuro u; suah ~nfor~at~o. 2~ would bO~ I pas~tivn e~fect on the ~ack ut p~l~o trot, NOW, ~30 TH~ORE, 31 1 £00~ ~600 ~ t06,~ Zr:OT 98/~T/C0 eequ~oe tho uop&~tBent o~ thu Lotte~ to 4 ~oports to e~h ~mbor e~ ~ho'LoOLtLit~o and to p~ovLde 6 Digit'ti and d~dviatngos ~f tho ~ato AatterF mhd tO ZO ~2 Thit pub~A~a~on.uu produced at un CODI~: Deletions l~e atfleko~l ~dlt~o~ are ~darlihod. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~'-~-' - MEETING OF MARCH 19, 1996 RESOLUTION NO. 26-96 DATE: MARCH 15, 1996 This item is a resolution assessing costs for abatement action required to remove junked and/or abandoned vehicles on five 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. 26-96 assessing costs to remove junked/abandoned vehicles on five properties within the City. RESOLUTION NO. 26-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO C~IAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JIINKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated represent- ative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 and 90.03 of the Code of Ordinances; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis- ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances; and, WHEREAS, the City of Delray Beach, through the City Adminis- tration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid; and, WHEREAS, the City Commission of the City of Delray beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein and shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. -2- Res. No. 26-96 Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the day of , 1996. MAYOR ATTEST: City Clerk 3 Res. No. 26-96 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT DELL IDA PARK, LOTS 8 J. Co & MARY AHERN $ 15.00 & 9, BLOCK 6, (DEL-IDA PO BOX 2325 15.00 (ADM. COST) PARK HISTORIC DISTRICT) DELl{AY BEACH, FL 33447 PB 9, P 52, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (101 NE 4TH STREET) TOWN OF DELRAY, S45' OF TOKUMBO & CARLOTTA ABIOSE $ 19.00 E135' OF BLOCK 22, PB 10 5320 BUCHANAN ROAD 15.00 (ADM. COST) P 38, PUBLIC RECORDS OF DELRAY BEACH, FL 33484 PALM BEACH COUNTY, FL (505 A&B SW 2ND STREET) OSCEOLA PkRK, LOT 2 & MAGLOIRE ORIOL & $215.00 N1/2 OF LOT 3, BLOCK 9, SANTANISE ORIOL H/W 15.00 (ADM. COST) PB 3, P 2, PUBLIC 808 SE 4TH AVENUE RECORDS OF PALM BEACH DELRAY BEACH, FL 33483 COUNTY, FL (808 SE 4TH AVENUE) PRIEST'S ADDITION TO ANNA B. TYSON $ 15.00 ATLANTIC PARK GARDENS, ALBERT TYSON TR TITLE HLDR. 15.00 (ADM. COST) LOT 13, (LESS W43.67'), DELRAY BEACH, FL 33444 BLOCK 4, PB 23, P 70, 202 SW 13TH AVENUE PUBLIC RECORDS OF PALM BEACH COUNTY, FL (202 SW 13TH AVENUE) JEFFERSON MANOR, LOT 48, LOUIS F. DONAGHUE TR $ 35.00 PB 24, P 150, PUBLIC c/o RICHARD T. STIERER 15.00 (ADM. COST) RECORDS OF PALM BEACH 224 DATURA ST. SUITE 1401 COUNTY, FL WEST PALM BEACH, FL (1331 NW 3RD STREET) 33401-5695 VIOLATION IS: SECTION 90.03 - STORING, PARKING, LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS. -4- Res. No. 26-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~' ~' - MEETING OF MARCH 19, 1996 RESOLUTION NO. 27-96 DATE: MARCH 15, 1996 This is a resolution assessing costs for abatement action required to remove nuisances on 21 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. 27-96 assessing costs for abating nuisances on 21 properties within the City. RESOLUTION NO. 27-96 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, W~EREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will - 2 - Res. No. 27-96 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. 27-96 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LAKE FOREST SOUTH, LOT JULIE MIRON CO. $ 97.00 103, BLK 1, PLAT BOOK 43, 19400 W. DIXIE HIGHWAY 70.00 (ADM. FEE) PAGES 152/153, PUBLIC NORTH MIAMI BEACH, FL RECORDS OF PALM BEACH 33180-2215 COUNTY, FL (4015 NW 7TH COURT) LAKE IDA SHORES, LOT 8 NETWORK FINANCIAL CORP. $ 40.00 (LESS N 20 FT), BLK 3, 9100 GRIFFIN ROAD 70.00 (ADM. FEE) PLAT BOOK 25, PAGE 54, COOPER CITY, FL 33328-3540 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (532 NW 8TH AVENUE) OSCEOLA PARK, LOT 19, WAYNE E. & ALETHA ROSEKE $ 51.00 BLK 6, PLAT BOOK 3, RR 10 BOX 200B 70.00 (ADM. FEE) PAGE 2, PUBLIC RECORDS LAKE CITY, FL 32025-8821 OF PALM BEACH COUNTY, FL (SE 6TH STREET) PLUMOSA PARK SEC. A., ROBERT S. & FLORA AMARAL $ 56.00 S39 FT OF LOT 104 & 6813 VIA REGINA 70.00 (ADM. FEE) N 23 FT OF LOT 105, BOCA RATON, FL 33433-3927 PLAT BOOK 23, PAGE 68, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1619 NE 3RD AVENUE) TOWN OF DELRAY, LOTS 7 WILLIE M. RICHARDSON $ 56.00 & 8, BLK 36, PLAT BOOK 1, c/o DOROTHY REEDER 70.00 (ADM. FEE) PAGE 3, PUBLIC RECORDS 7 PATTON STREET OF PALM BEACH COUNTY, FL ISELIN, NJ 08830 (34 NW 3RD AVENUE) TOWN OF DLERAY, LOTS 23, GRACE BARNETT $ 51.00 BLK 23, PLAT BOOK 10, 1401 39TH STREET 70.00 (ADM. FEE) PAGE 69, PUBLIC RECORDS WEST PALM BEACH, FL OF PALM BEACH COUNTY, FL 33401 (509 SW 3RD STREET) TOWN OF DELRAY, W55 FT. MARIE QUINCE $ 51.00 OF LOTS 11 & 12, BLK 23, 506 SW 14TH AVENUE 70.00 (ADM. FEE) PLAT BOOK 10, PAGE 69, DELRAY BEACH, FL 33444 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SW 3RD STREET) -4- Res. No. 27-96 ODMANN'S SUB., LOT 21 CHARLES & ELIZABETH FREITAS $65.53 (LESS 1-95 R/W), P.O. BOX 24351 70.00 (ADM. FEE) & LOT 22, BLK 1, FT. LAUDERDALE, FL PLAT BOOK 4, PAGE 53, 33307-4351 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (19 NW 14TH AVENUE) TOWN OF DELRAY, N1 / 2 OF AMY CHARLOW $176.10 LOT 5, BLK 30, PLAT BOOK 125 SW 5TH AVENUE 70.00 (ADM. FEE) 1, PAGE 3, PUBLIC RECORDS DELRAY BEACH, FL 33444 OF PALM BEACH COUNTY, FL (125 SW 5TH AVENUE) ATLANTIC GARDENS, DELRAY, EDWARD L. MARSHALL TRUST $ 32.00 LOT 13, BLK 5, PLAT BOOK c/o DENNIS M. BOYCE 70.00 (ADM. FEE) 14, PAGE 63, PUBLIC 105 S. NARCISSUS AVE. RECORDS OF PALM BEACH SUITE 702 COUNTY, FL WEST PALM BEACH, FL (15 SW 12TH AVENUE) TOWN OF DELRAY, LOT 16, GRACE BARNETT $ 56.00 BLK 35, PLAT BOOK 1, 1401 39TH STREET 70.00 (A/DM. COST) PAGE 3, PUBLIC RECORDS WEST PALM BEACH, FL OF PALM BEACH COUNTY, FL 33407-3631 (309 NW 1ST STREET) TOURIST NOOK, DELRAY, RUSSELL E. BROWN $ 51.00 LOT 21, BLK D, PLAT BOOK c/o JUNE DIMON 70.00 (ADM. COST) 11, PAGE 47, PUBLIC 9720 WILLOW ROAD RECORDS OF PALM BEACH WILLIS, MI 48191-9727 COUNTY, FL (NW 8TH AVENUE) FAIRCREST HEIGHTS YOLLY P. VERZOSA $ 48.00 AMND PLAT, LOT 53, 1090 AMSTERDAM AVE. #7K 70.00 (ADM. FEE) PLAT BOOK 42, PAGE 68, NEW YORK, NY 10025-8103 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (2147 SW 36TH TERRACE) TOWN OF DELRAY, LOTS 13 FREDDY MC CLOUD ET AL $ 64.77 & 14, BLK 41, PLAT BOOK 13050 SW 104TH AVENUE 70.00 (ADM. FEE) 5, PAGE 65, PUBLIC MIAMI, FL 33176-5502 RECORDS OF PALM BEACH COUNTY, FL (NW 2ND AVENUE) TOTTERDALE ADDITION, DIANNA BARAN & $ 42.63 S10 FT OF LOT 18 & 19, REINHARD BARAN H/W 70.00 (ADM. FEE) BLK 4, PLAT BOOK 23, 1310 LAKE DRIVE PAGE 151, PUBLIC RECORDS DELRAY BEACH, FL 33444-3046 OF PALM BEACH COUNTY, FL (1310 LAKE DRIVE) - 5 - Res. No. 27-96 SOUTHRIDGE, LOT 23, MICHAEL & MADELEINE ACHELUS $ 69.00 BLK 2, PLAT BOOK 13, 335 SOUTHRIDGE ROAD 70.00 (ADM. FEE) PAGE 38, PUBLIC RECORDS DELRAY BEACH, FL 33444 OF PALM BEACH COUNTY, FL (335 SOUTHRIDGE ROAD) OSCEOLA PARK, LOT 25, PIERRE-PAUL JACQUES & $ 49.00 & N20.5 FT OF LOT 26, VELLA MARCELIN 70.00 (ADM. FEE) BLK 7, PLAT BOOK 3, 626 SE 3RD AVENUE PAGE 2, PUBLIC RECORDS DELRAY BEACH, FL 33483 OF PALM BEACH COUNTY, FL (626 SE 3RD AVENUE) SUB. OF SEC. 20-46-43, CHERYL A. CARLEY $ 66.68 S 78 FT OF W 168 FT OF 1200 NORTHFIELD ROAD 70.00 (ADM. FEE) E 1/2 OF W 1/2 OF LOT 30 WATERTOWN, CT 06795-1419 E OF GERMANTOWN RD (LESS E 30 FT OF SW 10TH AVE RD R/W), PLAT BOOK 28, PAGE 68, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (WALLACE DRIVE) TOURIST NOOK, DELRAY, GLORITH STEPHENSON $ 51.00 LOT 25, BLK B, PLAT BOOK 2655 DORSON WAY 70.00 (ADM. FEE) 11, PAGE 47, PUBLIC DELRAY BEACH, FL 334445 RECORDS OF PALM BEACH COUNTY, FL (232 NW 8TH AVENUE) NORTHRIDGE, LOT 6, DEREK MURPHREE $ 51.00 BLK 2, PLAT BOOK 23, 13 SWINTON CIRCLE 70.00 (ADM. FEE) PAGE 168, PUBLIC RECORDS DELRAY BEACH, FL 33445 OF PALM BEACH COUNTY, FL (13 SWINTON CIRCLE) WILIAMS SUB. , LOT 4, ABNETTA ~LAYWOOD $ 41.00 PLAT BOOK 24, PAGE 180, 325 ROOSEVELT AVE. 70.00 (ADM. FEE) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (228 SW 15TH AVENUE) VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED A NUISANCE. - 6 - Res. No. 27-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM ~ Z'~' - MEETING OF MARCH 19, 1996 MODIFICATIONS TO AGREEMENT FOR ARCHITECTURAL SERVICES DATE: MARCH 15, 1996 This is before the Commission to approve the City's standard Agreement for Architectural Services with certain modifications. The changes, which are outlined in Mr. Aguila's memorandum, are being incorporated to reflect actual procedure, a professional liability insurance range based on a cumulative cost of construction, and a recommendation from the City Attorney with respect to terminating an agreement. As modified, this standard agreement will be used for the continuing contracts with the five architectural firms approved by the City Commission on February 6, 1996 (Slattery & Root Architects, Robert G. Currie Partnership, MPA Architects, David Miller & Associates, and Digby Bridges Marsh & Associates). Recommend approval of the modified Agreement for Architectural Services. ref:agmemo7 Agenda Item No. AGENDA REQUEST Date: March 11, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: March 19, 1996 Description of item (who, what~..~f.~bw much): Staff request Commission review and appr0~e~~g'~ement~ for A----~-~-it~ City Services with attached modificat~ionsl'''''~-These Agreements will be used for the new continuing contracts with the five (5) selected firms approved by the City Commission on February 6, 1996. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve the Agreement~' for Architectural Services previously approved, with the attached modifications. Department head signature: .~,,//.~/~_ ~ ....... .... ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager RevieW:for ~> ~ 1~ Approved agenda: NO ~__l'~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9560\agreq319 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila Construction-Manager Date: March 14, 1996 Subject: AGENDA REQUEST A~reement for Architectural Services Staff request City Commission approve the use of the existing, previously approved Agreements for Architectural Services, with the following modifications: 1. Page 11 - paragraph (9) - added "... shall assist the City in the preparation of Change Orders ...". The previous Agreement had the Consultant preparing the Change Orders, and in fact the City prepares them. We only require their assistance. 2. Page 12 - paragraph (17) - deleted this paragraph in its entirety. It read as follows: "Upon completion of construction, the CONSULTANT shall provide to the City, three sets of record drawings, signed and sealed, plus one set of mylars incorporating as built conditions and other data furnished by CONTRACTOR(S) to CONSULTANT". This requirement is in conflict with usual procedure which typically places this requirement on the General Contractor, who has control of the project under construction on a daily basis. Also, there is a further provision in the Agreement which requires the Consultant to provide design data, including drawings and specifications to the City in their original form. The old paragraph (18) was changed to (17) without text change. 3. Page 25 - paragraph 4. - provides for a Professional Liability Insurance range based on a cumulative cost of construction of projects under active contract. 4. Page 30-31 - paragraph Q - provides for only the City to have the right to terminate the Agreement for convenience at any time by thirty (30) days written notice. The previous Agreement allowed for either party. This was changed as recommended by the City Attorney. All other aspects and conditions of the Agreement have remained as the original Agreements used in the past. I have attached a copy of the above referenced sections. A copy of the current Agreements are on file in the City Clerk's office, should you wish to review. I will be happy to discuss any of the above with you should you desire. Thank you. cc: Susan Ruby William Greenwood File 95-60 (A) esdX9560~agmoddth (8) The CONSULTANT shall review and approve or take other appropriate action upon contractors submittals such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract docu- ments. The CONSULTANT shall evaluate and determine the acceptability of substitute materials and equipment proposed by CONTRACTORS. (9) The CONSULTANT shall assist the City in the preparation, of chan~e orders and. shall construction change directives with supporting documentation and data if deemed necessary by the CONSULTANT, for the CITY'S approval and execution in accordance with the contract documents, and may authorize minor changes in the work not involving an adjustment in the contract sum or an extension of the contract time which are not inconsistent with the intent of the contract documents. (10) The CONSULTANT shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive and forward to the CITY for the CITY'S review and records, written warranties and related documents required by the contract documents and assembled by the Contractor and shall issue a final certificate for payment upon compliance with the requirements of the contrac- tor documents. (11) The CONSULTANT shall interpret matters concern- ing performance of the owner and contractor under the requirements of the contract documents on written request of either the owner or contractor. The CONSULTANT'S response to such requests shall be made with reasonable prompt- ness and within any time limits agreed upon. (12) Interpretations of the CONSULTANT shall be consistent with the intent of and reasonably 11 inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the Contractor. (13) The City shall be the final arbiter on matters relating to aesthetics. (14) The CONSULTANT shall render written interpreta- tions within a reasonable time on all internal disputes between the CITY and CONTRACTOR relat- ing to the execution of the progress of the work as provided in the contract documents. (15) The CONSULTANT'S interpretations on internal disputes are not binding on the CITY and the CITY may result to remedies afforded by this contract to resolve the issue. (16) The CONSULTANT shall provide the number of sets of the construction documents to the CONTRACTOR as specified in the SERVICE AUTHORIZATION. (17) In company with the CITY, the CONSULTANT shall visit the project to observe any apparent defects in the completed construction, assist the CITY in consultations and discussions with CONTRACTOR(S) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defective work. F. Phase VI - Resident Project Representative Services Phase If the Resident Project Representative Services Phase is authorized the following requirements shall apply: A. A Resident Project Representative will be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. 12 all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles bo Hired and Non-Owned Vehicles c. Employers' Non-Ownership Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range Limit ~ Ia. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub- consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 25 in the field for which he is responsible for performing.such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruit- ment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fee~ The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corpora- tion, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other considera- tion, contingent upon or resulting from the award or making of this AGREEMENT. 4.~ Q TerminatioD: · This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the 3O event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above- referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termina- tion of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: The CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless 31 CITY DF [IELRR¥ BEII[H CITY ATTORNEY'S OFFICE ~' ~¥TM~¥~:' ~]~ ~' ~[~°~^ ~'~ ~^~$IM]L~ 407/~?~-~?$$ ~r~effs ~kect C~qe: (40'7) ~43-?0~0 DATE: March 15, 1996 TO: City Commission FROM: David N. Tolces, Assistant City AttorneYfi~'~ SUBJECT: Block 76 Funding Agreement Attached is the Interlocal Agreement between the City and the CRA regarding the funding of Phase II of the construction of the parking lot in Block 76. At the November 21, 1995 Commission meeting, the City Commission approved the concept of the agreement with the CRA provided that the CRA would reimburse the City the entire $75,000.00. Under this Agreement, the CRA shall reimburse the City $50,000.00 no later than September 30, 1998, and the remaining $25,000.00 no later than September 30, 1999. The CRA is responsible for all design, bidding, and construction for the project. The City has the right to inspect and review the project as it proceeds. The CRA approved this Agreement at its March 14, 1996 meeting. City Commission approval is required at this time for the project to proceed. Please call if you have any questions. DNT:ci Attachment cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Joe Safford, Director of Finance Chris Brown, Director, CRA blk70.dnt INTERLOCAL AGREEMENT BETWEEN TI:IE CITY OF DELRAY BEACH, FLORIDA AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY THIS AGREEMENT is made and entered into by and between the City of Delray Beach, Florida, (the "City"), and the Delray Beach Community Redevelopment Agency (the CRA). WITNESSETH . WHEREAS, Florida Statutes, Section 163.01 authorizes joi~t exercise of power or authority which public agencies have in common and which each might exercise separately; and, WHEREAS, Florida Statutes, Section 163.01(5) permits the joint exercise of powers granted under Chapter 163 upon final adoption of an agreement by the governing bodies involved; and, WHEREAS, the CRA has requested the City to assist in the funding of Phase II of the construction of the parking lot in Block 76 (the "PROJECT")( see Exhibit "A"); and, WHEREAS, the City desires to assist the CRA in funding the construction of the PROJECT through the use of Decade of Excellence interest earnings; and, WHEREAS, the City Commission, at its November 21, 1995 meeting approved the participation in an amount not to exceed $75,000, with funding to be from Decade of Excellence interest earnings conditioned on the CRA repaying a portion of the funds in fiscal year 1998. NOW, TI-IEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. The City and CRA agree that the above recitations are true and correct and are incorporated herein by reference. 2. The CRA agrees to: a. Obtain all necessary services for the PROJECT, including, but not limited to, design, bidding, contract preparation and contract administration in accordance with all applicable state and local laws and regulations. b. Obtain or provide all labor and materials necessary for the construction of the PROJECT. c. Obtain and comply with all necessary permits, approvals and authorization required for the construction of the PROJECT from any Federal, State, Regional, County or City Agency. d. Maintain the Improvements as part of the constructed project. 3. The City agrees to: a. Provide funding in an amount not to exceed the actual cost of the project, but in no event an amount greater than $75,000.00. The CRA shall furnish the City such invoices or other documentation which is acceptable in form and content to the City to provide for verification of the cost of the project. The City shall provide the CRA funding for such invoices up to a maximum of $75,000.00. b. The City, upon written request, may inspect all documents pertaining to the project and the CRA shall permit representatives of the City to be present at any time during project construction. c. Should the project cost exceed $75,000.00, the City shall not be responsible for any costs in excess of that amount. The CRA agrees to fund any costs in excess of the City's participation which is required to complete the project. 4. The CRA agrees to reimburse the City according to the following schedule: 2 a. $50,000.00 shall be repaid no later than September 30, 1998. b. $25,000.00 shall be repaid no later than September 30, 1999. 5. The CRA and the City agree that no person shall, on the grounds of race, color, sex, national origin, handicap or religion be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of · this Agreement. 6. By entering into this Interlocal Agreement, CRA and City[represent that ¥ each has full right and lawful authority to enter into and perform this Agreement. The validity, interpretation, construction and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida. In the event any provision hereof is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of the Agreement, which shall remain in full force and effect to that extent, this Agreement is deemed severable. 7. This Agreement, including attachments hereto, constitutes the entire Agreement between the parties, and shall supersede and replace all prior Agreements or understandings, written or oral, relating to the matter set forth here at. 8. This Agreement may be amended or modified only by written addendum or amendment signed by the parties and authorized by their respective elected official. 9. This Agreement shall be effective on the date executed by the City Commission of the City of Dekay Beach and shall remain in force until the CRA reimburses the City. 10. This Agreement shall be recorded in the records of the Board of the Community Redevelopment Agency and in the records of the City. 3 11. All notices required or allowed by this Agreement shall be delivered in person or mailed by Certified Mail - Return Receipt Requested, postage prepaid, to the party upon whom such notice noted: CITY OF DELRAY BEACH: City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 With a Copy to: Susan Ruby, Esq. 200 N.W. 1st Avenue . Delray Beach, FL 33a. d4 CRA: Office of the Executive Director Delray Beach CRA 24 North Swinton Avenue Delray Beach, FL 33444 With a Copy to: Robert Federspiel, Esq. 501 East Atlantic Avenue Delray Beach, FL 33483 IN WITNESS WHEREOF, the parties hereunto have executed this Agreement to the Dates set forth below: ATTEST: CITY OF DELRAY BEACH By: By: City Clerk Approved as to legal sufficiency and form: City Attorney 4 DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY ATTEST: By: Chairman Date: powcr.agt ;.__~ ----I, L-_-Z ~ ---.4' -- EXHIBIT A MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/1 SUBJECT: AGENDA ITEM # ~'~/' - MEETING OF MARCH 19, 1996 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MARCH 15, 1996 Attached is the Report of Appealable Land Use Items for the period March 4 through March 15, 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: /JASMIN ALLEN, PLANNER SUBJECT: MEETING OF MARCH 19, 1996 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MARCH 4, 1996 THRU MARCH 15. 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 March 4, 1996, through March 15, 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 March 19, 1996 Page 2 PLANNING AND ZONING BOARD No Regular Meeting was held during this period. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MARCH 6, 1996 A. Approved (5 to 0), a request to change the architectural elevations by replacing awnings with fixed louver cedar shutters at the Falcon Building (Joan Maree's Restaurant), located at the southwest corner of East Atlantic Avenue and S.E. 5th Avenue. B. Approved (7 to 0), a request to change the architectural elevations to add wood trellis structure to the front of the building and a concrete paver patio at the Office for Jerry Turner and Associates, located on the east side of S.E. 5th Avenue, south of S.E. 2nd Street. C. Approved (6 to 0), the architectural elevation plan in conjunction with an expansion of the dining room and addition of a smoke room at the South County Mental Health Facility, located on the east side of Military Trail, south of Linton Boulevard. The Board also approved a change to the approved elevations for two of the 8-bed residential units to allow the conversion of the proposed garage space to a living room area. Both requests are associated with a non-impacting site plan modification which will be approved administratively. HISTORIC PRESERVATION BOARD MEETING OF MARCH 6. '1996 1. Approved (5 to 0), a request for a Certificate of Appropriateness modifying a previously approved landscape plan for Stahl & Associates, located on the west side of Swinton Avenue, between N.W. 1st Street and N.W. 2nd Street. 2. Approved (5 to 0), a Certificate of Appropriateness in conjunction with exterior renovations and the addition of a new facade to a noncontributing commercial building located at the southeast corner of City Commission Documentation Appealable Items Meeting of March 19, 1996 Page 3 East Atlantic Avenue and Palm Square. The request is in conjunction with the conversion of the building for Blue Anchor, a pub style restaurant and bar. RECOMMENDED ACTION. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF MARCH 19, 1996 L-,.IO CANAL .[ o LAKE IDA ROAD ~.0~_ ! NW , i · ! i ATLANTIC A'V[NUE: ! g LOWSON BOULEVARD m LINTON BOULEVARD I i i i i i I I i L-38 CANAL C-15 CANAL S.P.R.A.B.: H.P.B.: CITY LIMITS A. - FALCON BUILDING 1. - STAHL &: ASSOCIATES B. - JERRY TURNER & ASSOCIATES 2. - BLUE ANCHOR MILE I I C. -- SOUTH COUNTY MENTAL I I I HEALTH FACILITY SC-ALE CITY OF DELRAY BEACH. FL PLANNING DEPARTMENT -- OIG/,rA/. ~ MAP SYS/'E'M -- MEMORaINDUM TO: MAYOR i~ND CITY COMMISSIONERS FROM: CITY MANAGER ?~ / SUBJECT: AGENDA ITEM # ~/ - MEETING OF MARCH 19, 1996 AWARD OF BIDS AND CONTRACTS DATE: MARCH 15, 1996 This is before the Commission to approve the award of the follow- ing bids: 1. Bid award to Marandola Construction, Inc. for the East Road utility and roadway improvements, in the amount of $93,375 from 442-5178-536-61.44, 448-5411-538-62.36,. and 334-3162-541-63.10. 2. Contract renewal with Jones Chemicals Company for the purchase of liquid chlorine, calcium and sodium hypochlorite via the City of Boca Raton Co-op bid, in the estimated annual cost of $111,345 from 441-5122-536-52.21 and 441-5144-536-52.21. 3. Grant awards through the SHIP and HOME programs for the rehabilitation of two single family housing units, to be awarded as follows: $18,522 to Alpha Ultra, Inc. for a project at 826 S.W. 4th Avenue and $17,388 to Henry Hay-wood for 905 S.W. llth Avenue, with funding from SHIP Account No. 118-1924-554-49.19 and HOME Account No. 118-1923-554-49.19. 4. Bid award to National Ambulance Builders, Inc. for the purchase of one Advance Life Support Vehicle in the amount of $94,805.50 with funding from 501-3312-591-64.20. 5. Contract award to Hay Management Consultants for a ~/ ClasSification and Compensation Study, for all positions within the city's classification system, in the amount of $16,770 and support services and travel expenses estimated at $2,683 with funding from 001-6111-519-99.03. AGENDA REQUEST DATE: March 5, 1996 " Request to be placed on: x Regular Agenda Special Agenda __ Workshop Agenda When March 19. 1996 Description of item (who, what, where, how much) Project No. 95-20 The work generally consists of the construction of a ne~ 8"~~l~along East Road between Atlantic Avenue and Lowery Street, the construction of a new 6 wa~'ehind the 1045 Atlantic Avenue Building, and the reconnection of residential and commercial water servcies on Seabreeze Avenue and East Road. The construction will also include the complete reconstruction of East Road and the addition of valley gutter to facilitate stormwater drainage. Funding source for this Dro_iect is Account No. Paving & Drainage 448-5411-538-62.36 $' (0.000.00 Pavirlg & Drainage ;~34-3162-541-63.1~ $26.510.00 Water 442-5178-536-61.44 $56.865.00 There were seven (7) bidders for this Pro_iect. Please see attched bid tabulation. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Project No. 95-20, East Road Utility and Roadway Improvement to Marandola Construction,,l~)c. for their bid in tl'~e amount of $93,375.00. Department Head Signature: .~fi~-.~~"~'q/~/~/.5~'b/?~; Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable). Budget Director Review (required on all items involving expenditure of funds): Funding available (~'-~NO Funding altematives~r~ ' ( if applicable) Account No. & Description Ur~'- ~rl l- ~- ~. ~ ~ ~ ~ ~ ~, ~ ~ ~ Account Balance: ~7. ~ ~ ~ . Ci~ Manager Review: ~z- ~/7~-F~ M YY~+~/ ~/ ~ Approved for agenda: ES/~O Hold Until: ~:~ / Agenda Coordinator Review: Re~ived: Placed on Agenda:, Action: Approved/Disapproved /proj/9520/officiaFagenda.doc DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: WII,LIAM H. GREENWOOD ~ DIRECTOR OF ENVIRONMENTAL SERVICES DATE: March 5, 1996 SUBJECT: East Road Utility & Roadway Improvements Project No. 95-20 Enclosed is an Agenda Request and bit tabulation for the regular Commi~ion Meeting on March 19, 1996, requesting award of the construction contract for the referenced project to Marandola Construction, Inc. They are the lowest responsible responsive bidder and the proposed contract amount is $93,375.00. The work generally consists of the construction of a new 8" water main along East Road between Atlantic Avenue and Lowery Street, the construction of a new 6" water main behind the 1045 Atlantic Avenue Building, and the reconnection of residential and commercial water services on Seabreeze Avenue and East Road. The construction will also include the complete reconstruction of East Road and the addition of valley gutter to facilitate stormwater drainage. Attached are the bid tabulations and Notice of Tentative Award for the referenced project. The lowest responsible, responsive bidder for this project was Marandola Construction, Inc. with a bid of $93,375.00. The funding sources for this project are as follows: Use Account Number Amount Paving & Drainage 448-5411-538-62.36 $10,000.00 Paving & Drainage 334-3162-541-62.10 $26,510.00 Water Distribution 442-5178-536-61.44 $56,865.00 Pleas place this item on the agenda for commi~ion approval. Attachment cc: C. Danvers Beatty, P.E., City Engineer Richard Hasko, P.E., Deputy Dir. ESD, Public U61ities Joseph Safford, Finance Director File: Project No. 95-20(A) AR-MEMO-9520.DOC AGENDA REQUEST Date: March 11. 1996 Request to be placed on:, × Regular Agenda Special Agenda Workshop Agenda When: March 19. 1996 Description of agenda item (who, what, where, how much): Contract renewal per Bid 94-039 with Jones Chemicals Company for the purchase of Liquid Chlori~e, Calcium and Sodium Hypochlorite via the City of Boca Raton Co-op Bid #94-039. Estimated annual cost of $111.345 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award one year renewal with 3ones Chemicals Company for purchase of Liquid Chlorine~ Calcium and Sodium Hypochlorite via the City of Boca Raton Co-op Bid #94-0~9 at an estimated annual cost of $111~34~. Funding from Acct. &&]-5122-Sq6-52.21 and acct. ,Department Head Signature: ~e~ ~~~~~.~ Determination of Consistency 2s ire Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives~-- J ' (if applicable~ Account No. & Desc.rip~on: Account Balance: ~ %~ . City Manager Review: ' Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH: Joseph Saf~ance Director FROM: Jacklyn Rooney, Senior Buyer ~ DATE: March 11, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MARCH 19, 1996 BID AWARD - BID #94-039 LIQUID CHLORINE, CALCIUM & SODIUM HYPOCHLORITE Item Before Commission: The City Commission is requested to approve the one year renewal of the annual contract for the purchase of Liquid Chlorine, Calcium and Sodium Hypochlorite, to Jones Chemicals Company at an estimated annual cost of $111,345.00. Background: The City of Boca Raton is the lead government entity for this Co-op Bid. Bids wre received on March 11, 1994, from five (5) vendors. The City of Delray Beach City Commission approved this contract on April 14, 1994. Per paragraph No. 19, page 7, of the General Conditions of this Co-op Contract, there is an option to renew existing contract for another one year period if it is mutually agreeable to all parties. Per attached memo dated 02/20/96 to Jones Chemical from the City of Boca Raton, the vendor has agreed to the one year extension. Recommendation: Staff recommends the one year renwal with Jones Chemicals Company, at an estimated annual cost of $111,345. Funding from the Water Treatment Plant account #441-5122-536-52.21 and Waste Water Utility Maintenance account #441-5144-536-52.21. Attachments: Renewal Letter to Vendor Dated February 20, 1996 City of Delray Beach Requirements For 1996 - 1997 City of Delray Beach Commission Memo Dated March 30, 1994 cc: Dick Hasko Don Haley Milton Willingham FEB-2?-'96 TUE 15:14 ID:CITY OF BOCA RATON FAX N0:407-393-9983 ~864 P02×0~ FEB-26-199G 14:37 JO~S C~M: ~T L~R~E ~ 491 1494 P.81 Our bid rclrcr~nced above t, xph~ M~h ]I, 1~. ~ ~~ in P~ No. 19, y~ ~1 if it ~ mu~ ~cablc to ~ ~es. PI~ ~vi~ ~)-~i~t~ ~1~, if~ one ~ yo~ ~ bid ~ 3/1~94 ~d ~ ~c~ble_ PI~ ~pl~c ~d ~ ~s fo~ ~ ~c P~~ ~vi~on. Y~ ~~ my ~ f~ Ci~ F~ u~ (~OD3V3-798). ....... I hereb~ ~:ree to a on~ year e~temion of fl~e subj.! bid. ~ ............ ~~. 1996 S~ -- ~# ~.uAt. OPF'OffT~IlilYy EMPLOY~I~ ~-- CITY OF DELRAY BEACH REQUIREMENTS Description: Est. Qty. *Unit Price Total Price Chlorine- 1 Ton Cylinders Water Treatment Plant 235 Each X 399.00 Ea. = $93,765.00 Chlorine - 150# Cylinders Water Treatment Plant 150 Cyl. X 47.00 Ea. = $ 7,050.00 Calcium Hypochlorite p/lb. Water Treatment Plant 1,600 Lbs. X .90 Lb. = $ 1,440.00 Utility Maintenance 3,600 Lbs. X .90 Lb. = $ 3,240.00 Sodium Hypochlorite p/gal. Water Treatment Plant 8,000 Gal. X .45 Gal. = $ 3,600.00 Utility Maintenance 5,000 Gal. X .45 Gal. = $ 2,250.00 * Jones Chemical Prices Per Bid Water Treatment Plant Acct. #441-5122-536-52.21 ......................... $105,855.00 Waste Water Utility Maintenance Acct. g441-5144-536-52.21 .......................... $__5,490.00 $111,345.00 MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager THROUGH: Ted Glas, Purchasing Officer FROM: Jacklyn Rooney, Buyer DATE: March 50, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL i2, 1994 - BID AWARD - CO-OP BID #94-045 LIQUID CHLORINE, CALCIUM & SODIUM HYPOCHLORITE Item Before Commission: The City Commission is requested to award the annual contract for liquid chlorine, calcium & sodium hypochlorite to Jones Chemicals, Inc. at an estimated annual cost of $110,025. Background: The City of Boca Raton Purchasing Division is the lead organization for this bid. Five (5) firms submitted bids on March 11, 1994, based on estimated annual quantities of the participating governmental entities. (Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Palm Beach County Co-op recommends award to Jones Chemicals, Inc., per attached memo. The Deputy Director of Public Utilities has reviewed the bids, and recommends award per attached memo. Recommendation: Staff recommends award to Jones Chemicals, Inc., at an estimated annual cost of $110,025. Funding from the department's operating expense budget. Attachments: Tabulation of 8ids Memo from City of Boca Raton Memo from Deputy Director of Public Utilities cc: Dick Hasko Don Haley ¥O:DELR Y MAR-14-'94 MOI4 ~4:47 ID:C~TY OF BOCA RATON FA>:i ~0:4~?-~9~-798] mid No. 94-039/SS BID.OUOTATION PAGE CO-OP LIQUID CHLORINe, CALCIUM & SODIUM HYPOCHLORITE EXTENDED ITEM DESCRIPTION Q~. UNIT pRICE __ TOTAL 1 Liquid Chlorine One ton cylinders 2662 cyl. $ 399.00 PER cvl. $.].,062,138.00 2 Liquid Chlorine 150~ cylinders 629 cyl. $.47.00 FER cyl. $29,563.00 3 Calcium Hypochlorite 9,600 lbs. $ 0.90 PER lb. $ 8,640.00 4 Sodium Hypochlorite 42,630 gal. $ 0.45 PER _gal. $19,183.50 GRAND TOTAL $. 1,119,524.50 Did you include the Public Entity Crime form? Yes x No Did you include the Drug-Free Workplace Form? Yes X No Did you include references? Yes X No Do you meet insurance requirements? Yes ~ No Is Bid Submitted in Duplicate? Yes---X-- No Per Condition #2, have you included your Qualifications? Yes Per Condition #22, are you requesting any Yariances? Yes No X Did you supply a copy of your Valve maintenance procedures? Yes Y No " ' Name & Phone ~ of Representative ALLAN R. MEIGS -(800) 242-2790 Will you extend the same prices, terms, and conditions to other governmental agencies within Palm Beach County? Yes ~.. No X The undersigned bidder certifies that this bid proposal is submitted in accordance with the terms, ~pecifications and conditions noted in this bid. VENDOR: JONES CHEMICALS, INC. ADDRESS: 1800 N.W. 22ND STREET P.O. BOX 6067 CITY, STATE & ZIP CODE: FT. LAUDERDALE, FLORIDA 33310 TYPED NAME AND TITLE OP ABOVE: E.G. HAGER - BPukNCH MANAGER TZLEP~ONF] NU~D~R: (800) 242-2790 DATE: MARCH 10, 1994 FEDERAL I.D. #: 16-0809645 .._ Ail bids shall be in a sealed envelope and marked OD the e. xterior "S.e. aled Bid NO. 93-045. Bi.ds should be submitted in duplicate. Bid opening March 11, 1994 at 3:00 p.m. at city Hall, 201 W. Palmetto Park Road, Boca Raton, Florida, Purchasing office. Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: _March 7, 1996 ~ Regular Agenda Special Agenda __ Workshop Agenda xxxxx Consent Agenda When: March 19, 1996 Description of item (who, what, where, how much): CASE# ADDRESS SHIPAMT HOME AMT TOTAL 93-029HOSH 826 SW 4th Ave. $ 4,630.50 $13,891.50 $18,522.00 93-001HOSH__905 SW 1 lth Ave.__ $ 4,347.00__ $13,041.00 $17,388.00 (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIED: YES/NO Draf~ Attached: YES/NO Recommendation: Recommend approval of affordable rehabilitation grant award through. the State Housing Initiatives Partnership Program (SHIP) account 118-1924-554-49.19 & HOME Investment Partnerships Program (HOME) account 118-1923-554-49.19 (Example: Recommend approval with funding from Special Events Account No. 001- 3 D3e;3a~ 5 m5e ~ ;5e5a)d Signatu~~~ City Attorney Review/RecomnCmd~tion (if applicable): 'X. Budget Director Review (required on all items involving expenditure of funds): Funding available: ~O ~o~"r--4s~?:~° ~v~',~ ~'~,~-~ sl,~q~, Funding Alternatives: .(if applicable) Account No. & Description: Account Balance: City Manager Review: HoldApproved for agenda:~S]NO Until: ~' ~ 7~'4~t · Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH: Joseph Sa~inance Director Jacklyn Rooney, Senior Buyer ~ FROM: DATE: March 13, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MARCH 19, 1996 - BID AWARD - BID #96-31 HOUSING REHABILITATION PROGRAM Item Before Commission: The City Commission is requested to make award to low bidders, as listed below, at a cost of $ 35,910.00 which includes contingency. Background: The Community Development Division handles and processes their formal bids on housing rehabilitation projects, with funding from their housing rehabilitation budget. Property: Contractor: Amount: 826 Southwest 4th Ave. Alpha Ultra Inc. $ 18,522.00 905 Southwest llth Ave. Henry Haywood 17,388.00 Recommendation: The Purchasing Office concurs with the recommendation to award to the low bidder(s) as outlined above from account 118-1924-554-49.19 & 118-1923-554-49.19. Attachments: Memorandum from Community Development Bid Information Sheets cc: Lula Butler MEMORANDUM TO: David Harden, City Manager FROM: Dorothy Ellington, Community Development Coordinator ~Y~ THRU: Lula Butler, Community Improvement Directo~ DATE: March 7, 1996 SUBJECT: CONSENT AGENDA Home Investment Partnership Program (HOME) & State Housing Initiatives Partnership Program (SHIP) Rehabilitation of Owner Occupied Units. ITEM BEFORE THE COMMISSION This is to request approval for two Housing Rehabilitation Grant Award through the State Housing Initiatives Partnership Program (SHIP) & the Home Investment Partnership Program (HOME). This request is in accordance with the City's approved Housing Assistance Plan developed for the SHIP Program as well as the agreement of HOME funds between the City and Palm Beach County. BACKGROUND This grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change order. All unused funds remain with the SHIP & HOME grant programs. As required by the Home Agreement between the City and Palm Beach County we will obtain a Promissory Note from the homeowner, record it in the public records of Palm Beach County. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Contract Award and Bid Summary Sheets are attached for your reference. RECOMMENDATIONS Staff recommends Housing Rehab. Grant through the (SHIP) & (HOME) programs. Twenty Five percent (25%) of total funds will be charged to the SHIP account and the remaining seventy five percent (75%) of funds will be charged to the HOME account for the following: CASE# ADDRESS SHIP AMT HOME AMT 93-029HOSH 826 SW 4TH AVE. $ 4,630.50 $13,891.50 93-001HOSH 905 SW 11TH AVE $ 4,347.00 $13,041.00 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DMSION BID INFORMATION SHEET FOR HOME & SHIP BID #: 96-31 APPLICANT: Eddie Sanders APPLICATION #: 9$-019HOSH PROJECT ADDRESS: 826 Southwest 4th Avenue DATE OF BID LETTERS: February. 15~ 1996 DATE OF BID OPENING: February. 26~ 1996 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ 19~645.00 ALPHA ULTRA INC. $ 17~640.00 ARTHUR BADALOO $ BEEKMAN CONSTRUCTION $ CSB CONSTRUCTION $ 1ST CHOICE CORP $ INTERCONTINENTAL CONST. CORP. $ 18~700.00 HENRY HAYWOOD $_22~835.00 PRESTON CONTRACTION $ RADA ENTERPRISES, INC. $ RAY GREAVES $_19~660.00 SOUTH FLORIDA CONSTRUCTION $_21~030.00 IN-HOUSE-ESTIMATE: $ 17~865.00 CONTRACTOR AWARDED CONTRACT: Alpha Ultra Inc. BID/CONTACT AMOUNT: $ 17~640.00 COMMENTS: BID AWARDED TO LOW BIDDER BIDFORM/PG4 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DMSION BID INFORMATION SHEET FOR HOME & SHIP BID #: 96-31 APPLICANT: Emma Washington APPLICATION 0: 93-001HOSH PRO~ECT ADDRESS: 905 Southwest 11th Avenue DATE OF BID LETTERS: February 15~ 1996 DATE OF BID OPENING: February 26~ 1996 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ 17~575.00 ALPHA ULTRA INC. $ 16~620.00 ARTHUR BADALOO $ BEEKMAN CONSTRUCTION $ CSB CONSTRUCTION $ 1ST CHOICE CORP $ INTERCONTINENTAL CONST. CORP. $ 18~275.00 HENRY HAYWOOD $ 16~560.00 PRESTON CONTRACTION $ RADA ENTERPRISES, INC. $ RAY GREAVES $ 20~250.00 SOUTH FLORIDA CONSTRUCTION $ 18~925.00 IN-HOUSE-ESTIMATE: $ 16~750.00 CONTRACTOR AWARDED CONTRACT: Henry Ha.ywood BID/CONTACT AMOUNT: $ 16~560.00 COMMENTS: BID AWARDED TO LOW BIDDER BIDFORM/PG4 Agenda Item. No.:. ~'~ ~ AGENDA REQUEST Date: 3-14-96 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: 3-19-96. Description of item (who, what, where, how much): Purchase of replacement Advance Life Support Rescue vehicle from Bid #94-52 - National Ambulance Builders Inc. · Cost of $9~.805.50, base bid with options B, C-1~2 and ride suspension. Funding is ~vailable from Li~ It~m-~501-3~2~.~r64-20, (Example: .Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/" RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend purchase, bidder will honor 1994 bid, we will save approximately $10,000. on this ~urchase. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/ NO Funding alternatives: /~ ~ (if appliqable) Account No. & Description: ~/-~3t2--~/~~/ ~6)~, ~ Account Balance: ~g~,.C~qF~_ _.~- City Manager Review: ~pprovedHold Until:f°r agenda: ~/~ NO ~/~-4L,l ~ d~~<i~._~< dFT~'~-- Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved [ITY (IF I)ELAI:IY BEI:IgH FIRE DEPARTMENTsERv N DELRA¥ B ^GH · GULF 1993 TO: DAVID T. HARDEN, CITY MANAGER FROM: ROBERT B. REHR, FIRE CHIEF DATE: MARCH 14, 1996 SUBJECT: RECOMMENDED PURCHASE FROM BID#94-52 ADVANCE LIFE SUPPORT VEHICLE As you know, the Cities of Boca Raton and Delray Beach jointly developed specifications for Advanced Life Support Rescue vehicles. Bids were solicited and these bids were evaluated by the appropriate technical and administrative staffs of both agencies. National Ambulance Builders, Inc., of Orlando, Fla., have agreed to honor this same bid from 1994, for an additional rescue unit. We recommend that we tag this bid #94-52 in the amount of $9~,805.50. This price includes the base bid and options B, C, 1.2 and ride suspension. Funding for this vehicle is available from Line 501-3312-591-64.20 of the current Operations budget. This equipment would replace a current reserve vehicle originally purchased in 1989. Boca Raton has made a similar award for two units tagging our bid. This process is an excellent example of interlocal partnerships producing cost savings and a more efficient product. Fire Chief RBR/mrnh cc: J. Safford, Director of Finance FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 407/243-7400 . SUNCOM 928-7400 . FAX 407/243-7461 7 ~' ¢' Pnnted on Recyled Paper ' oo9 01,'04/96 ~6:56 ~407 291 .~.4 NATIONAL ASIB BLD ~-~-, DELRAY BCH FIRE Flat:lanai mbula 230 North Ortman Drive, Odando. Florida 32805 Phone: (407) 299-0064 * Fo~ (407} 291-2274 - December 21, 1995 Asst. Chief' Doug Traln~ick Delra~ Beach Fire/Koscue SO W. Atlantic kve~ue '. Delra¥ Beach, F~ 33444 Dear Chief Tra~ick: · ' ': ' Nagio~al: ~mbul~co B~ider~, Inc.', w~ll .honor the bid price fram yo~r c~ent contract for ad~giona!.: ~it~. ~he base price ~d options wi!~ r~ain t~e. ~e. I~ ad~ti0n, you may wis~ to add a .110 volt AC syst~ ~d generator, velvet :ride suspension or ch~e ~ome items, on the. current u~t. 'T~s c~ be accomplished at ~ot~r pre ord~r co~fere~e.~ i Will research t~e AC in the meant~e. The 'velvet ride will-cost $2,300 to ~st~l. , i apPreciate the oppo~i~ to' work with' yo~ NhTIO~ ~~CE BUILDERS,' ~C.. Dir~to'~' 0f. ResCue. Sales . ~072~37166 PUR~ING--OFFICE 109 P02 ~ 30 '9~ 10:~D TAB~.~TICH OF o~ ,m Southe~ F~:st Response ~ergency One M~; / ~bulance / ~bulance Inc. Inc - Elite :~Builders, Inc./ Builders, Inc. ~- · ........ ..Fire 6 Safety ~r ~ v~Ic~i~, $99,644.00 $109,665.00 $I12,382.00 ~~L 1995 Iht e~atfon- al-t700 LP w/~ 4700 ~ w/* 4700 ~ Cus=om 162 .... SCre~ Warrior ~ rI~ '120 day's after 90 days afte~ 90 da~S after ~b days aft~mr receipt of PO receipt of PO receipt of receipt of PO -~ ~v~m (~ ~ - $5,000.00 - $6,000.00 - $5,000.00 - $I0,000.00 ~ ~.~ v~~ + $7,500.00 + $4,395.00 $4,000.00 each + $6,724.00 · . + $1,500.00 + $1,814.00 $1,500.00 each + $i,900.00 in bid -0- n/c no charge no charge 1.4 ~ (2) ~ Prici~ not available $900.00 each + $100.00 ~o ~s ~ ~r~ ~ ~ yes yes yes yes 8overefgn" Module Conver- only · " Rescue/~bulance sion ** except · * after receipt chassis of chassis. See deviation : Chassis deltve~ list app,. 6 months · Alu~n~ Hexeel cabinets deduct ! $3,225. :. Inspection trip deduct $1,000. Perfo~ance Bond deduct $1,800. · Agenda Item No.: ~N~ AGENDA REQUEST Date: 3/15/96 Request to be placed on:, Regular Agenda Special Agenda Workshop Agenda When: 3/19/96 Description of agenda item (who, what, where, how much): The City of Delray Beach de.~res to mn~age the management consultant firm Hay Group Managemen~ Consultants, to r~vimw mhd H~vmlnp m r]m.~.~ifiemtinn and compensation system for ali positions within the City's classification system. The Purpose of such study would be to develop current and accurate job descriptions, and recommend a classification and compensation system that is fair and equitable to the internal structure, as well as, competitive with local public & ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/N~rivate employers. Recommendation: Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds}: $16,770 - approximate total cost of services 2,683 - support services and travel are estimated at 16% of consult, fee. Funding available: ~ NO Funding alternatives: (if applicable) Account No. & Description: 00~1-6111-519.99-03 General Fund Contingency Account Balance: ~123~820.00~.. City Manager Review: Approved for agenda: ~/ NO /~1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager J. Gusty, Human Resources Director FROM: Edward SUBJECT: REQUEST APPROVAL FOR A CLASSIFICATION AND COMPENSATION STUDY CONDUCTED BY HAY MANAGEMENT CONSULTANTS DATE: March 15, 1996 The City of Delray Beach desires to engage the management consultant firm Hay Group Management Consultants, to review and develop a classification and compensation system for all positions within the city's classification system. The purpose of such study would be to develop current and accurate job descriptions, and recommend a classification and compensation system that is fair and equitable to the internal structure, as well as, competitive with local public and private employers. We have received a total of nine timely responses to our RFP that presented a wide variety of consultant proposals, ranging in cost from $9,500 to over $120,000. Our recommendation is to select the Hay Management consultant Group. The Hay Group has been providing similar services, as noted above, for over 50 years, and has extensive experience assisting state and municipal governments. The fu-rn is an international leader in human resources consulting services with a staff network of over two thousand consultants and technical specialists, serving over seven thousand clients. The philosophical design of the Hay Group is to involve the client staff as much as possible, so as, to transfer as much expertise as necessary, to insure continuity in the project. The project plan and attendant costs are described as: Phase One: Project Planning, Communication and Fact Finding $2,700 Meet with Department Heads ..... gives understanding of current positions and Departments organization ..... Brief managers on project objective ..... Organize a project team and review roles and responsibilities of Hay Group and City Representatives ..... Identify data needs and arrange for collection ..... Review project communication announcements and City's compensation plan. Phase Two: Compensation Analysis and Design $7,700 Analysis of existing grade structure, to determine the extent of internal consistency as related to job content of each job evaluated ..... produce a de£mable systematic ranking of jobs ..... determine City's competitive position in local labor market for purposes of comparison ..... work with City Officials to determine a competitive position that is consistent with the City's compensation strategy ..... Structure an employee appeals procedure for any sizable difference of opinion on the value of job duties ..... Design a fair and equitable system for implementation of any individual adjustments that may be necessary ..... provide training for city management staff on the administration of the plan and evaluation methods. Phase Three: Review of Employee Benefit Plans $1,570 Survey local private and public organizations ..... analyze benefit plan data ..... compare results to City plans ..... note and make recommendation on the differences. Phase Four: Performance Management System Review $1,300 Compare performance evaluation system with other municipalities ..... Highlight differences ..... make recommendations to improve or fine-tune the City's current performance evaluation system ..... provide written report on findings and recommendations. Phase Five Review and Analysis of Organization Structure and Services of the Human Resources Department. $2,250 Review operation of the Department ..... make recommendations relating to optimal organizational structure necessary for efficient and effective accomplishment of City human resource services. Phase Six: Communication and Implementation $1,250 Develop a communication plan for understanding and appreciation of any updated plan ..... address critical areas ..... concerns of managers and employees The approximate total cost $16,770 Support Services and travel are estimated at 16% of consultant fee - $2,683 The results of the study shall provide the City with an equitable classification and compensation system, that will appropriately title and grade all positions in relationship to their job duties, and compensate positions at levels competitive with prevailing practices of the local public and private employers in our labor market area. The funding for this project shall be processed from General Fund Contingency/tO01-6111-519.99-03. MAR 12 '9~ 0~;:33PM HAY GRP ATLAMTA P.1/5 HayGroup tgOI.A PEACHTItZI~ DUNWOOOY ROAD, SUITZ 450 ATLANTA, GA 30321 . (?'/o) 394,$JO0 FAX: ('/TQ) 394-Q20~ -- II - -- ___ LL__J __ _ ii --- - IF YOU Ifa ~ ,tN]' t'ROI~I~M~ RECEI~INO T. PI.r~ DOCUIWE~, FLEA~E CA££ l~3,II~DIAr£r r I'"IAR 12 'gE, 04:34PM HAY GRP ATLAMTA P.2/5 5901 Peachtr~ Dunwoody Road ~uiiding A, 8u~l:e 450 Atlanta, GA ~022~41 Tel: (404) 394-5500 F~: (404) 394-0205 March 12, 1996 Hay Mr. Edward Gusty Management Human Resources Director Consultants City of Deh'ay Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 RE: RFP #96-23 Dear Mr. Gusty: We are pleased that you have accepted our proposal to pedorra the Classification and Compensation Study for the City of Delray Beach. As you requested, we are enclosing a contract for the consulting services to be provided. Also, enclosed is the revised fee schedule that coincides with the agreed upon fees for the project of between $16,900 and $17,900. We are prepared to start the project at your direction and await your reply. Again, thank you fro' this opportunity. We look forward to hearing from you soon. You may reach me at (770) 394-5500. Sincerely, Ron Henderson Consultant Enclosures cc: Spencer McManes P&l/ajo MAR 1~ '98 04:34PM HAY GRP ATLAHTA P.3x5 Exhibit B V. Professional Arrangements (cont'd) Fees Professionnl fees are based on ou~ best estimate of time and consultant level required to deliver thc higitcst quality of results. Fees are billed on a bi-monthly basis. If you require additio~l services that are not described in the proposal, the consultants will discuss thc deliverables along with appropriate fees to cover the additional ser,,ices. Phase One $2,700 Phase Two $2,259 out ph~,._~ Three $7,700 Phase Four $1,570 Phase Five $1,300 Phase Six $2,250 · -, -,,,, $1,250 Phase Seven T t~ -~" '*'"" $16 770 Support services and travel are in addition to and esthnated at ~t ~'~.~*...t~ ......... ~*.!... ~' ..... ~.~a~.t5 . ~ .~ n,~,~ oari ~n, raFl~n~ ,.t-d.u l:rroJ,~,a~ r~u l~.,r ~ ,'%.l,rlt 30, 1~. M~R l~ '96 04:35PM H~Y GRP ATLANTA P.4/$ AGREEMENT This Agreement is made on the 12th_ day of Mamh , 1998, by and between Citv of Delrav Beach ("Client") and Hay Group, Inc. ("Consultant"). WHEREAS, Consultant is in the business of providing human resource consulting services to private and govemmental organizations; and WHEREAS, Client is desirous to engage Consultant to provide the services (the "Servicee") described in the Proposal Classification and Comoens_ation Study RFP #~6_..23, dated ~aJ:ltiaJ:V_ 25 1996, which is attached and hereby made a part of this Agreement as Exhibit A to Proposal: and Exhibit B; the revised fee schedule. WHEREAS, Consultant is desirous to render the Services, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the covenants herein contained, the parties agree as follows: 1. During the term of this Agreement, Consultant shall furnish the Services, subject to the terms and conditions of this Agreement. 2. Client shall pay Consultant consulting fees in accordance with the fee schedule attached hereto, and made part of this Agreement as Exhibit B, together with the reimbursement of expenses. 3. Either party may terminate this Agreement at any time upon thirty (30) days' written notice addressed to the other party. In the event of termination, Client agrees to pay consultant for work performed and expenses inourred prior to the date of such termination. MAR l~ '9~ 04:3GPM HAY ~RP ATLAMTA P.5×5 4. Consultant shall not assign or subcontract any of its obligations hereunder, without the prior written consent of Client. 5, The terms and conditions of this Agreement shall be subject to and construed pursuant to the laws of the State of 8. This Agreement shall not be modified, amended, or in any way varied or changed except by a written instrument executed by each of the parties hereto. 7. This Agreement supersedes ali prior agreements and understandings of any nature whatsoever, oral or written, and constitutes the entire understanding between the parties hereto. IN WlTNE88 WHEREOF, the authorized representatives of the parties hereto, have signed this Agreement as of the day and the year first above written. HAY GROUP, INC. CITY OF DELRAY BEACH Cit of Delra Beach Classification and Compensation Study RFP #96-23 Prepared By: Hay Management Consultants A. Spencer MeManes Vice President Ron Henderson Consultant 5901 Peachtree Dunwoody Road Building A, Suite 450 Atlanta, GA 30328-5341 (770) 394-5500 January 25, 1996 Confidential ltayGroup Table of Contents Section P_ag~ I. Why Hay ............................................................ 1 II. History of Hay ................................................... 2 III. Representative Client List ................................ 4 IV. Work Plan ......................................................... 5 V. Pro fessional Arrangements ............................. 13 VI. References ...................................................... 16 Appendix A Consultant Profiles ................................................ 15 L WhyHay The Hay Group has been providing services similar to those requested by the City of Delray Beach for the past 50 years and our experience in assisting state, local and municipal governments with compensation and other human resource issues is extensive. The Hay Group is an international leader in the provisions of human resource consulting services. The Hay Group led the establishment of systematic job evaluation and remains a worldwide leader in compensation and benefits planning and administration, human resources planning and development, organizational culture assessment and organizational effectiveness. Our staff network of almost 2,000 consultants and technical specialist serves our more than 7,000 clients around the world. In addition, the Hay Group routinely conducts and publishes regional and national compensation and organizational surveys. For example, the Hay Compensation Report reflects national salary, bonus, incentive rewards, and other reward- related activity. Likewise, for local labor markets, Hay also conducts non-exempt surveys in 31 cities and metropolitan areas. We can also conduct pay practice analyses for over 200 local labor markets, using the most current Bureau of Labor Statistics Q¢ctlpational Compensation Surveys. HayGroup 1 II. History of Hay Our Philosophy We pride ourselves on providing our clients with the absolute highest quality consulting services available. In order to accomplish this, we strive to: · Recognize each client's individual needs and objectives Transfer to the client as much expertise during the assignment as necessary for successful maintenance; * Involve the client in the project to the extent feasible for the client; and * "Team" with the client for a long-term relationship. This philosophy and our internal quality assurance program assure services provided to City Delray will the the of Beach will meet the organization's needs. Our Organization The Hay Group was founded in 1943 and is headquartered in Washington D.C. The consultants who will perform the work for the City of Delray Beach are located in the Atlanta, Georgia office. Hay is one of the largest firms dedicated to human resources consulting in the world with more than I00 offices in 26 countries. In the United States there are 18 consulting offices. Hay is comprised of many consulting practices that work together for the benefit of client organizations. These practices include: Hay Management Consultants, Inc., the parent firm, is the pioneer in the field of reward management and job measurement. Hay/McBer specializes in research-based consulting in human motivation, job competency assessment, succession planning, performance management, organizational change, and training. Research for Management provides survey research to assist management in diagnosing organizational problems and managing culture change. Hay/Huggins Company, Inc., founded in 1911, provides actuarial pension and benefits expertise and pioneered the development of employee benefits measurement and comparison systems. HayGroup 2 II. History of Hay (cont'd) Hay Communications provides design, development, layout and production services for employee communications including print, video, interactive PC tools and other communications material. Hay also provides the following information services to its clients: Hay Compensation Information Center (CIC), maintains detailed statistical data on base cash compensation, incentive and bonus compensation, executive compensation packages, pensions, and employee benefits, practices and trends. Hay/Huggins Benefits Research Library, maintains constant monitoring of government legislation, publications and periodicals in the fields of actuarial science, pension, employee benefits, executive compensation and governmental legislation. I I o,~0.~.o~,~,~ HayGroup 3 III. Representative Client List The Hay Group performs work in the public sector on a nationwide basis. Below are selected represemative public sector clients with whom we have recently performed similar classification and compensation projects. ,Atlanta Housing Authority_, Atlanta Georgia - Compensation and Classification Study City_ of Jacksonville. Jacksonville, Florida - Overall Compensation Audit and Design City_ of Sanibel. Florida - Overall Compensation Audit and Design; Benefits Consulting State of South Carolina - Job Measurement Study Miami-Dade Community. College. Florida - Classification and Compensation Study Gwiml~tt County_ Public Schools. Georgia - Classification, Compensation and Organization Study Commissioner of Public Works - City_ of Charleston. SC - Compensation Study Cobb Coun _ty Public Schools. Georgia - Compensation Study City_ of Sarasota. Florida - Compensation Study I ! o,~7~0.~.o~.,0,,,~,~ HayGroup 4 IV. Work Plan Based on our understanding of the City's objectives and the requirements as outlined in the RFP, we have organized the project into seven phases as described below. Project Planning, Communication and Fact Finding Phase One Step 1: Hay will meet with department directors to gain a clear understanding of their current positions and the City's organization, strategy, reward and performance management programs. These meetings, if held individually, should last approximately one hour each. As in any study of this nature, it is imperative that support for the project be driven from the top down. The interviews will also enable Hay consultants to brief City officials on project objectives. In our experience, this step can be critical in obtaining administration support and buy-in to the process. During this phase we will: Step 2: Review a proposed work plan to reach consensus on project milestones and key dates and the extent of desired involvement by the City. Step3 Organize a project team consisting of Hay Consultants and a representative(s) of the City. During the planning meeting, we will review the roles and responsibilities of Hay and City representatives. Step 4 Identify data needs and arrange for the collection of data not yet provided including current job documentation, salary surveys, salary schedules on diskette, related policies and procedures, pay plan, benefit plan and performance management documentation, etc. CIPR7330.RHO/TP/01/25/96 HayGroup s IV. Work Plan (cont'd) StepS Discuss strategies for project communication, including the initial announcement of the study and its implications, periodic project updates and implementation of final recommendations, keeping in mind employee sensitivities to changes in grades, pay policies, ranges, etc., a in union environment. Step 6 Gain a more in-depth understanding of the City's compensation philosophy -- a game plan for using pay to accomplish the organization's goals. Deliverables * A detailed project plan. · Communication strategy for the project. Phase Two Job Documentation Step 1 Hay will design a position questionnaire that will capture the fight information from employees to be used in the analysis, job evaluation and market pricing processes. Step 2 The questionnaires should be completed by each incumbent or, for multiple incumbents positions, a representative incumbent and then reviewed and approved by the incumbent's supervisor. Step 3 To provide a compensation review for the City, - Hay will begin with a detailed analysis of all jobs. Accurate and complete job documentation is critical to the reliability, credibility and validity of any job classification methodology. Step 4 In addition to obtaining job documentation, Hay will use the following approach to ensure that sufficient information is available to evaluate and market price the City's job. For the sake of time, we suggest employees be allowed brief one-on-one sessions with consultants if they feel a need to express thoughts to strengthen position questionnaire responses. This will provide HayGroup 6 IV. Work Plan (cont'd) employees with an opportunity to have input in the project. Employee input may be obtained by allowing employees in each classification to describe their jobs in their own words. Providing for employee input can help ensure their support of the final results. Deliverables * Standardized approved questionnaires. · Completed interviews of selected employees, providing job content information. · Employee/supervisory consensus on job content. Phase Three Compensation Analysis and Design Step 1 During Phase Three, we will look closely at the existing levels of pay to determine the extent of internal consistency as related to job content of each job (evaluated by job content). Since the time of its inception in the 1940s, the Hay method has become the single most widely used process for the evaluation and ranking of management, professional, technical and craft jobs in existence. It is currently used by more than 4,000 organizations in some thirty countries. The Hay Guide Chart Profile Method of Job Evaluation is _ rooted in the concept of job factor - comparison. It is based on the notion that all jobs, even across functions and industries, can be compared to each other based on job content and scope. The Hay Job Evaluation Method enables all jobs to be evaluated on the same scale. All jobs will be evaluated based on the Know-How, Problem Solving and Accountability present for each job. The results here allow for a defensible, systematic ranking of jobs based on the three important dimensions. The evaluations will be reviewed with the City to modify the ranking and gain acceptance of the final hierarchy. HayGroup 7 IV. Work Plan (cont'd) Step 2 Based on all of the pay data and related information gathered during the previous phases, Hay will review salary survey data of local or other appropriate markets for purposes of comparison. Hay will use the data from surveys and our extensive databases to determine the City's competitive position. Step 3 Based on our internal and external analyses, Hay will work with City officials to determine a competitive position that is consistent with the organization's pay strategy. We will also develop recommended salary schedules and job grades that are based on desired competitive levels. Furthermore, recommendations will be made regarding how to administer this revised pay system in the future along with the necessary training as needed. An employee appeals procedure will also be developed in this phase as a means of allowing employees a mechanism to have their concerns heard if there are sizable differences of opinion on the value of job duties. Hay will make its recommendations based on how best to implement newly changed systems in a union environment. Step 4 When the salary grades and schedules have been finalized, the consultants will advise the City of the investment needed to implement different pay strategies. 5 When study, it is not Step undergoing compensation unusual for some incumbents to be reclassified into pay grades that are higher or lower than the current classification. This circumstance can create sensitive issues regarding implementation. Hay will work closely with City officials to design a fair and equitable system for making individual adjustments that might be necessary. r C,PR7330.RHO~P/O1/2S/9~ ilay roup s IV. Work Plan (cont'd) Step 6 Finally, in a presentation(s) to appropriate City representatives, Hay will summarize the results of the study and our recommendations. During this presentation, the consultants will highlight any areas of pay inequity, raise any implementation issues that might be particularly sensitive and discuss the next steps to be taken. All recommendations will be documented in the final report. Deliverables A ranking ofjobs based on job content. Recommended salary ranges and grades for each position. · Recommended administrative procedures including an employee appeals procedure. · A plan for implementation; and · Training for appropriate City managers/staff on the administration of pay structure and evaluation methods. ,/ Phase Four Review of Employee Benefit Plans _ Step 1 The consultants will, using survey information t from local area private and public organizations, analyze the benefit plan data and compare the results to City benefit plans. Hay will highlight the differences in the plans of local organizations as compared to the City and make recommendations as appropriate. Deliverables · Employee benefit plan prevalence data as documented from the local market; · Recommendations as to which benefit plans warrant changes. i -] HayGroup 9 IV. Work Plan (cont'd) Phase Five Performance Management System Review An effective performance appraisal and evaluation must be defensible, easily understood and simp. ia to administer. The performance evaluation system is the tool strengthens the link between pay and performance. T'ne ranges developed during the compensation analysis and phase will be based on an analysis of the marke*,_ The performance management system must encourage higher levels of job and corporate performance. Much of the information and material necessary in this phase will be collected during the Project Planning, Commtmicarion and Fact Finding Phase (Phase One). Step l The consultants will request, during the initial interviews described earlier, information ~teganting the City's performance evaluation program. We will ask such questions as: - What are the City's critical success factors? - What behaviors are valued and reinforced by the City? - What are the roles of the managers and employees? Step 2 The performance evaluation system documentation received in Phase One from other municipalities will be analyzed and compared to the City's performance evaluation system. Differences between the two systems will be highlighted. Step 3 Based on our analysis and discussions with City administrators, recommendations 'will be made to improve or fine-me the City's current performance evaluation system. Step 4 Hay will present a written report to appropriate City personnel outlining our findings and recommendations for improvement of the City's performance management system. o,PRT=0.R.or ,0, ,96 HayGroup lO IV. Work Plan (cont'd) Deliverables · A summary of the differences between the performance evaluation systems of local municipalities and that of the City. · Recommendation for improving the City's performance evaluation system. 1 I V. Work Plan (cont'd) i Phase Six Review and Analyses of organization structure and services of the Human Resources Department .-I Much of the intelligence and documentation needed to perform this phase of the project will have already been I received and/or reviewed. It will be necessary, in addition to receiving operations type documentation, to interview department heads responsible for all of the various human I resources areas for their valuable input into helping the consultants grasp a full understanding of the operations of the department. The consultants will then make recommendations _].. as relates to optimal organizational structures necessary for the most effective and efficient accomplishment of City human resources services. These recommendations will be made in I light of the City's culture, strategies and goals for the future. Deliverables 1 ._tl * An outline of consultant findings and recommendations for improvements. 1 . II Phase Seven Communication and Implementation Hay will assist the City in developing a communications plan to help employees understand and appreciate their newly updated programs. The strategy we recommend, which will be presented in our final report, will be tailored to the issues revealed by the project, the approved recommendations, as well as your preferred method of communication. We will I advise of the critical areas to address, typical concerns of you employees and appropriate timing of communications. Deliverables · An outline of items for communication. I · A final report of project findings and recommendations. .l~i · A cost analysis for the implementation of recommendations. 1 -[ c,PR733o. R.o .,o,,2s,96 HayGroup 12 V. Professional Arrangements Staffing The key personnel for this project and their responsibilities are outlined below. Biographical sketches of these professionals are included in Appendix A, providing information regarding professional expertise, previous experience, education and professional associations. A. Spencer McManes, Vice President Project Role: Mr. McManes is the engagement manager who will oversee the project and be accountable to the City for overall quality and satisfaction. Ron Henderson, Consultant, Project Role: Mr. Henderson will be responsible for the day- to-day management of the project. Diane Ruffo, Associate Consultant Project Role: Ms. Ruffo will assist in the job analysis process.. William E. Witt, Senior Vice President Project Role: Mr. Witt will perform the reviews of the benefit plan of local area private and public organizations for the purpose of comparison to benefit plans of the City. Ann aago, Associate Consultant Project Role: Ms. Jago will perform the reviews of the performance evaluation systems/methodologies of other municipalities for purposes of analysis and comparison to the performance evaluation system of the City. Ben Merrill, Technical Assistant Project Role: Mr. Merrill will be responsible for technical support. V. Professional Arrangements (cont'd) Fees Professional fees are based on our best estimate of time and consultant level required to deliver the highest quality of results. Phase One $2,700 Phase Two $2,350 Phase Three $7,700 Phase Four $1,570 Phase Five $1,300 Phase Six $2,250 Phase Seven $2,500 Total $20,370 Support services and travel are in addition to and estimated at 16% of consulting fees, $3.260. Estimated total project investment is $23.630. Timing We can complete this project no later than April 30, 1996. o,~o.~.o~,0,~,~ HayGroup VI. References Atlanta Housing Authority Ms. Victoria Morgan Manager, Compensation and Benefits 739 W. Peachtree St., N.E., .Atlanta, GA 30365 1" ] (404) 817-7446 ~_] City of JaCksonville Ms. Adrienne Trott Chief of Classification and Compensation 220 East Bay Street Jacksonville, FL 32202-3416 (904) 630-7522 Miami-Da& Community College Ms. Bettie H. Thompson Associate V.P. of Human Resources 11011 S.W. 104th Street Miami, FL 33176-3393 (305) 23%2055 ,.71 1 A. Spencer McManes Professional Mr. McManes is a Vice President with the Atlanta office of Ha>' Expertise Management Consultants, a member of the Hay Group. Inc. His major emphasis is client management and general human resources consulting. With over thirteen years of consulting experience, emphasing total compensation, incentive plan design and sales force effectiveness, he has considerable expertise in the implementation of human resource strategies and performance-based reward programs. Mr. McManes is client manager for a wide variety of organizations including a number of public sector organizations at the city, state and local level. Industry specialization include pharmaceuticals, forest products, light and heavy manufacturing, textiles and assembly. Previous Experience Prior to joining Hay, Mr. McManes' more than 16 years of industry experience with Fortune 150 companies included responsibilities as director of compensation and line manuf~g positions for Johnson and Johnson, and manager of compensation and benefits for Weswaco Corporation, a forest products company. Education Mr. McManes received his bachelor of science in engineering from the United States Naval Academy and served eight years both at sea and ashore in various capacities. He has completed post-graduate work in human relations and financial management at George Washington University and New York University. Outside Affiliations He has been a guest speaker before the American Management Association, the Georgia Business Counsel, Georgia State University College of Business Administration and the U.S.- and has been in the Japan Institute, published Compensation Review. Mr. McManes is a member of the American Compensation Association and the Atlanta Area Compensation Association. Ronald D. Henderson Professional Expertise Ron Henderson is a consultant in the Atlanta office of Hay Management Consultants, a member of the Hay Group. Inc. Ron works with clients in consultant services, client management and product development. He has developed base pay, skill-based pay and various short and long-term incentive plans. In addition, he has developed benefits and performance management programs for utilities and other organizations nationally and internationally and assisted in their successful implementation Previous Experience Prior to joining Hay, Ron worked in the human resources area of a large electric utility. His experience includes the coordination. design and management of compensation, benefits, information systems, purchasing, employee relations, human resoumes planning and development, organizational design and staffing functions. Ron also has retail experience in the development and management of fast food franchise restaurants. Edncation Ron holds a B.S. in business administration from Jackson State University and an MBA in management and organizational development from Atlanta University. Diane L. Ruffo Professional Expertise Diane L. Ruffo is an associate consultant in the Atlanta office of Hay Management Consultants, a member of the Hay Group. Inc. Her is in the area of reward which major emphasis systems includes; job evaluation training, internal equity and external market competitiveness analyses, and the design and implementation of base salary, short and long term incentive programs. Diane has consulted with a broad range of companies representing various industries including health care. non- profits, and manufacturing. Previous Experience Diane's experience prior to joining the Hay Group includes work as an independent contractor in compensation for the Home and the Prudential Health Care System. Her Depot responsibilities included managing participation in compensation surveys and analyzing market pay practices for exempt and nonexempt positions. Previously, Diane was an associate consultant with Compo Consulting Group (formerly Personnel Corporation of America), a management consulting finn specializing in executive compensation and organizational design. Her responsibilities included managing compensation projects and providing research and analytical support in executive and middle management compensation studies. In addition. Diane spent two years as a research associate with Economists Incorporated, an economic consulting finn specializing in antitrust and international trade. Education Diane holds a B.A. in economics fi.om Mount Holyoke College and an M.B.A. fi.om Comell University's Johnson Graduate School of Management. Professional Associations She is a member of the American Compensation Association. the Atlanta Area Compensation Association and the Society for Human Resources Management. Ann Jago, Ph.D. Professional Expertise Ann Jago is an associate consultant for the Human Resources Planning and Development practice Hay in the Atlanta of~ce of Management Consultants. Ann has worked with clients interested in organizational change through changing people systems. She has developed competency models and dictionaries and supporting tools for use in selection, performance management. and employee development systems. In addition. Ann has developed training programs to support the implementation of these human resources systems. Previous Experience Prior to joining Hay, Ann worked as an independent contractor for BellSouth. Previously, she worked for the BellSouth Corporation, the Human Services Division of the Institute of Government at the University of Georgia, and Jeanneret & Associates in Houston, Texas. She has considerable experience in both the public and private sectors, including the development and administration of tests and assessment centers. Edncation Ann received a Ph.D. in indmtrial/organizational psychology from the University of Georgia. She holds a masters in psychology from the Univernity of Georgia, and a bachelors from Florida Southern College in Lakeland, Florida. William E. Witt Professional Expertise William E. Witt is a senior president actuar3' the vice and in Atlanta office of Hay/Huggins Company, Inc.. a member of the Hay Group, Inc. He is responsible for the design. implementation, administration, and funding requirements of employee benefit plans. Mr. Witt coordinates the benefits consulting services in the southeastern United States. Mr. Witt's consulting experience has included a wide range of benefits and actuarial services, as well as executive compensation issues. He has assisted clients in merger and acquisition studies relating to benefits plans, actuarial review and analysis of alternative funding methods for employee benefit plans, and design and implementation of flexible benefit programs, welfare benefit plans and retirement plans. Various client industries have included federal, state, and local governments, banking, health care, utilities, automotive manufacturing, church and not-for- profit organizations, and the hospitality and retail industry. Previous Experience Prior to joining Hay/Huggins in 1982, Mr. Witt was a senior consultant in the management consulting practice of KPMG Peat Marwick. He has also served as an actuarial systems analyst for a computer software firm, and as a consulting actuary with an employee benefits consulting firm. Education and Mr. Witt attended Drake University in Des Moines, Iowa. where Accreditation he graduated magna cum laude with a bachelor of science in business administration. His major field of study was in actuarial science. Mr. Witt is an Enrolled Actuary, an Associate in the Society, of Actuaries and a member of the American Academy of Actuaries. He is also a member of the Southern Employee Benefits Conference. II · Benjamin E. Merrill Professional Expertise Benjamin E. Merrill is a technical assistant in the Atlanta office of Hay Management Consultants, a member of' Hay Group. Inc. Mr. Merrill primarily assists on projects that involve compensation development and evaluation. His experience includes prqiect research, quality control, survey coordination and analysis, and statistical analysis. He has worked with a number of various industries including utility, insurance, chemical, electronic. manufacturing and public service. Eduemtion Mr. Merrill has earned a Bachelor of Arts from Furman University majoring in Business Administration. [IT¥ DF DELRI:I¥ BEI I:H CITY ATTORNEY'S OFFICE ~^~~°° ~ TM ~o?~?~.,?~^v~. ~.^~ .~^~., ~o.~^ ~,~ W~ter's ]:)h-oct Ch]e: (4~7) 243-?09] DATE: March 14, 1996 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Resolution No. 22-96; Contract for Sale and Purchase of the Patel Property_ (2228 Seacrest Boulevard) Our office has negotiated a contract with Mr. Patel for the purchase of the above-named property. The Patel property contract contains the following essential terms: 1. Purchase price is $65,000.00. 2. If the City chooses to terminate the contract upon default of Seller, the $100.00 earnest money will be returned to the City, or if the contract is not terminated, the $100 earnest money shall be deducted from the contract price. The City has the right of specific performance and other remedies available at law if the seller defaults. 3. City to receive from Seller a Statutory Warranty Deed. 4. The City has sixty (60) days from the effective date of the contract to perform inspections which may include further environmental testing on the property. 5. Closing is to occur within ninety (90) days of the effective date of the contract. 6. The City shall pay the cost of recording the deed, all costs and premiums for the owner's marketable title insurance commitment and policy. City Commission March 14, 1996 Page 2 7. The Seller shall pay all Documentary Stamps, all costs necessary to cure title defects and to obtain a satisfaction or release of record of all existing mortgages on the property, taxes through the date of closing, and assessments. Each party is to bear their own attorney's fees. The attached resolution incorporates the legal description and the Contract for Sale and Purchase and addenda. By copy to David Harden, City Manager, our office requests that the aforesaid documentation be placed on the City Commission March 14, 1996 regular agenda for consideration by the Commission. Please call if you have any. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk patellO, sar RESOLUTION NO. 2 2- 9 6 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 sixty-five thousand dollars ($65,000.00) 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 /c]~~, 1996. ATTEST: City Clerk / t panel.oral 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 comer 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 1'30 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence run 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. i, RES. 22-96 AGREEMENT FOR PURCHASE AND SALE 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: I. DEFINITIONS. The following terms as used herein shall have the following meaning: 1.1. "A_~reement" - this instrument, together with all exhibits, addenda and proper amendments hereto. 1.2. ~ - 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 "lnspection 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 Pro.~erty" - the real property legally described in Exhibit "A" attached hereto and made a part hereof, together with all improvements situate thereon. 1.7 'Tan_eible 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 aad. 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 SIXTY FIVE THOUSAND ($65,000.00). 3.2. Payment 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. F~Ilf,~l~dla~. 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 indefeasib!y 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 sar 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 Ail 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' ])ate 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 insp.e, ction 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. CLOSrNG. 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 ~. 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 .~lg_~.~Re, R~. 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_ Warran_ty 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'~Obligation~ At closing, Purchaser shall deliver, or cause to be delivered, to Seller, the following: 6.5.1 Cash due at (2losing. The required payment due as cash due at closing as provided elsewhere herein. 7. EVIDENCE OF TITLE. 7. I. Within thirty (30) days after the Effective Date of this Agreement, the Purchaser shall obtain an owner's title insurance commitment issued b.y, a title insurance company acceptable to Purchaser agreeing to issue to the Purchaser upon th~' 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 Properly, 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 core 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; (b) 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. ~ Purchaser shall have the right, within the time period provided in Section 7 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 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. E~ENSES. 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. 10.1.1 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. ~,~~T~. 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. ~.0.~~. 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 aRributable to such acquisition or condemnation proceedings. Purchaser shall have the right to participate in any such proceedings. 14. REAL 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. 1~5. 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 aNon-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 Fe~gral 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- $ 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. Ist Avenue Delray Beach, Florida 377,~, Phone: (407) 243-7091 Fax: (407) 278-4755 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. ~I~,~. 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. ~]~)..~I~]~,~. This Agreement shall be binding upon, and shall inure to thc benefit of, the parties hereto and their respective legal representatives, successors and assigns. 22. ~)_i~.0.~. 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~I~IR~T.I.Q~. 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. HEAD~GS. The paragraph headings or captions appearing in this Agreement -'~i: 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: WITNESSES: RAJESH K. PATEL Name Printed or Typed State of Florida County of ~ The foregoing instrumem was acknowledged before me this I~+~' day of '"'~r~h , 1996 by ~ ~.3 e~5 ~ PO4-g t (name of person acknowledging), who is personally known to me pro ed (type of identification) as identification and who did (did-aot) take an oath. Signamre~f Notary Public - of Florida Prim. Type, or Stamp Name of Notary Public 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 the North i~0 feet of the South 2!~0 feet of ~e ~ 170 fee~ of Sou~ on~-~f of ~ ~ feet for wad fight~f-wa~, ~cfion 4, To~p 45 ~u~, ~g~ 4~ ~t, P~ B~ch C~, Flofi~, ~o descried ~: Comm~nc~l at ~ ~n wd on ~e ~rly flght~f-way ~ of S~r~ Boulev~d, w~ch h 1~ feet No~ of md 40 feet Wet of ~e sourest iom=z of ~e. No~w~t o~ of ~= Sou~w~t o~=r of ~e Sou~w~t one~r of Sec~on 4, To~p ~ Sou~, 43 ~t, P~ B~ch Count, ~ofi~; ~e~e ~ Sou~ 89' 47' 3~' W~t for a db~c= of 130 feet to n concrete to a concre~ monment; ~ence ~ No~ 0' ~2' ~' W~t for s d~ce of 150 feet to ~ concre~ mon~enc; ~ence ~ No~ 89' 47' 35" ~t for t ~ of 130 feet m ~ kon wd on ~= wes=fly fight~f-way ~e of S~crest Boulev~d; ~= ~ Sou~ 0* 32' ~' ~t ~ong ~e w~terly dght~f-~y l~e of S~c~t Bo~e~d a ~ce of !=233 AND I~C£FI' a~y IX,talon of ,~e pmpen7 u~ed f~r public fi~h~-of-way. Tax ID Number or Folio Number of Property:, Grantee's Social Security Number or Tax ID Number AFTER RECORDING RETURN TO: Sur~n Rab~, Esq. C~y Anomey 200 N.W. Ist Avenue STATUTORY WARRANTY DEED RAJBSH K. PATBL, ('Grantor") whose address is for and in comideration of the sum of TBN AND NO/100 DOLLARS ($10.00) paid to Grantor and other 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 Delray Beach, whose address is 100 N.W. 1st Avenue, Deiray Beach, Florida, 33444 in fee simple title, that certain land located in Palm Beach County, Florida, being more particularly described in ~, 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 HAVB AND TO HOLD the Property, together with all and singular the rights and ' appurtenances pertaining thereto, including all of Grantor's right, title and interest in and 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: RAJESH K. PATEL Name: Grantor Name: State of Florida County of The foregoing instrument was acknowledged before me this day of , 1996 by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public - St~te of Florida Print, Type, or Stamp Name of Notary Public 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-qur, rter of thc Southwest one-quarter; Less East 40 feet for mad fight-of-way, Section 4, Township 46 South, Eange 43 East, Palm Beach County, Florida, also described as: · .~i" : / Commencing at an iron tod on the ~esterly right-of-way line of ~a'erest Boulevard, which ts 140 feet Ho.nh of and 40 feet West of the southeast 'corner of the. Northwest one-qtLM~er of the ~outhwest one-quaffer of the Southwest one-quarter of Section 4, Town~hip 46 South, Range 43 F~st, Palm Beach County, Florida; thence run 3outh 89' 4'/' 3:5' West for a distance of 130 feet to · concrete to a concrete monument; thence run North 0' 32' 2~" West for · [ '.. d~smnce of 1~0 feet to · concrete monument; thence run North 89' 4'/' 3:5' East for a distance ..-: of 130 feet to an iron tod on the westerly right-of-way line ofSeaerest Bouleva.,'d; thence nm : . South 0' 32' 25' East along the westerly right-of-way Rue of $eacrest Boule~.~d a distance of 1:50 feet to gle point of any 12ot3ion of the propen~ used for public rJ~i2t..of*way. EXHIBIT B TO STATUTORY WARRANTY DEED PERMITTED EXCEPTIONS TO DEED · l. Taxes and assessments for the year of 1996 and subsequent years, which are not yet due and payable. RAI~H 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, i~s 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, equipment, machinery, furniture and other personal property (the 'Personal Property") placed or installed on or about the real property (the 'Real Property') being more particularly described in ~, auacbed hereto and incorporated herein by reference; and, 2. All in~,ngible properly (the 'lntang~le Property") pertaining to the Real Property or the Personal Property or u~e use thereof including, without limitation, U'ansferable utility contracts, Wansferable telephone exchange numbers, plans and specifications, engineering plans and studies, floor plans and landscape plans rehting tu the same or any pan of the same. 3. The Assignor for itself and its successors, covenant to and with the Assignee, its successors and assigns, that it is the 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 the 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 mauers set forth herein. EXECUTED this day of ,199~. RAJESH K. PATEL WITNESSES: Name Nme: she North 1.~0 feet of rbe $ou~h 290 t'e~-~ of the Eur 190 fcc~ of Sou~ one-~ of ~e ~ ~t for w~d dghtmf-way, Section 4, To~p ~ Sou~, ~le 43 ~t, P~ B~ch Co~menc~ ~t ~ ~n md on ~e ~terly right, f-way l~e of ~t Boule~d, w~ch h 1~ f~t No~ of ~d 40 feet W~ of ~e sourest ~omez of ~e. No~w~t o~r of ~e ~u~w~t o~ of ~e ~ou&w~t o~r of Se~on 4, To~Mp ~ Sou~, ~e 43 ~t, P~ B~ Count, ~odO; ~e~ ~ Sou~ 89' 47' ~' W~t for · d~ of 130 fe~ m ~ corm m · con~e~ mo~en~; ~cn~ ~ No~ 0' 32' ~* W~t for a ~ce of 1~0 feet to · co~re~ mon~ent; &c~e ~ No~ 89' 47' ~* ~t ~r ~ O~ce of 1~0 feet m ~ ~on md on &e w~mrly ~f-way ~ of S~mst Bogeyed; &e~e ~ 1~0 f~: m ~e ~ of ~g~nn{n~. .. L~S AH'D i~C_.~PT ~y' l~tion Of [he ~m~rty reed for Imbll~ ri~ht-of-~y. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF MARCH 19, 1996 FUNDING ALTERNATIVES FOR N.E. 1ST COURT SEAWALL REHABILITATION DATE: MARCH 15, 1996 Mr. and Mrs. Hanley have continued to seek some means of eliminating the need for any changes in the right-of-way and seawall at the east end of N.E. 1st Court which might attract more people to the area. I expect the changes would be minimal: a small sign, probably about one square foot, which we could attach to the seawall, and installation of a park bench. Parking has to be installed only "when such is required". We see no need for parking on N.E. 1st Court, the City has no plans to construct such parking, nor is there any space in this narrow right-of-way to accommodate parking. Due to miscommunication with the contractor, this seawall has already been constructed even though F.I.N.D. had not yet added it back to the project list. At this point we have three options: (1) Get F.I.N.D. approval to add the seawall back into the project, and install the sign and bench as originally planned. (2) The City could pay the entire cost of this seawall, $16,800, and leave the end of the street as it is. (3) We could ask the residents on the street to pay the $8,400 we would have received from F.I.N.D. Obviously a number of residents on this street would like to maintain the status quo. It is difficult for me to justify giving up the F.I.N.D. grant and replacing it with money from all our taxpayers. Therefore, I recommend formally offering the residents of N.E. 1st Court option (3). If necessary, perhaps it could be done as an assessment project. ref:agmemol6 I 'RECEIVEDjiiq[ ........... [ C|TY CLERK I Su 7...~.;'_-; ,:,, ,~.[[c,~ [uuc]veo from homeowners on N.E. ]st Court pursuant to the a§enda item "Fundin§ of N.E. ]st Court Seawall restoration" on the March 19, 1996 City Commission meeting. (March lgth edition) This summary covers copies of letters forwarded to the City Clerk for inclusion in the record. They represent the majority of the 24 homes. They all propose that the City Commissioners: 1) Vote against funding 50% of the cost of restoring the N.E. 1st Court seawall with a retroactive grant from F.I.N.D. 2) Vote for full funding of this seawall restoration from City funds and leave the area as unimproved open space 3) Vote to offer the homeowners on N.E. 1st Court the opportunity to develop a proposal to become 50% funding partners with the City in the cost of restoring the seawall as part of an agreement to abandon the right-of-way to a N.E. 1st Court Homeowners Association, which would dedicate the right-of-way as a permanent open space for use by all N.E. 1st Court homeowners, maintain the area and the seawall, and grant back to the City easements for utilities and City services. The reasons cited for urging the Commissioners to vote this way are: (a) Homeowner objections to a public park of record with unlimited public access for a minimum of 25 years in a small area at the end of N.E. 1st Court, as is required in the F.I.N.D. contract, and in the side agreement adding picnic tables and park benches, detailed in the March 29, 1994 memo Beatty to Harden. (relevant extracts from the F.I.N.D. contract and internal City memo attached) (b) Belief that the conditions attached to using the F.I.N.D. contract to fund this seawall would be a misapplication of the intent of the underlying legislation through which F.I.N.D. grants are made (c) The safety and security risks inherent in placing such a park within a small residential community. The reduction in the quality of life for all residents on the street that would ensue from increased traffic, trash left behind and potential loitering and misbehavior. Note: within recent weeks there was a burglary, injury to the homeowner's dog and theft of significant property from a home on N.E. 1st Court - and there have been other recent burglaries and automobile break-ins in the immediate vicinity of N.E. 1st Court. (d) The close proximity of Veterans' Park one block (280 feet) South of N.E. 1st Court provides 620 feet of water access, generous and varied recreational amenties and park facilities, such as toilets and trash collection, making a park on N.E. 1st Court unnecessary and innappropriate. (e) The City's Comprehensive plan policy states plainly that there are no needs for additional water-dependent recreational sites (except for marinas and boat ramps) to serve the needs of the population of the Delray Planning area. (copy of statement is attached). (Continued on next page) (f) The City plan to reconfigure the road pavement on N.E. lst Court during 1996 does not require the portion of the right-of-way that would be abandoned. (drawing attached) (g) All other City requirements for emergency access, and utilities would be accomodated in the abandoned right-of-way via a normal easement. (h) If homeowners can reach agreement within six months on Alternative (3) a 50% City funding partnership with a N.E. 1st Court Homeowners association, it would contribute to the Commission's first priority of helping strengthen residential communities within the City of Delray Beach. Letters and petition supporting these proposals were received from the following named homeowners of N.E. 1st Court. It should not be construed that these are the only homeowners in favor of these proposals, but they do form the majority among the 24 homes. Paul and Karla Ramsey, 717 N.E. 1st Court Michael and Sara Tesch 708 N.E. 1st Court Wanda and Randy Goodleaf 704 N.E. 1st Court Barbara and Derek Hanley 828 N.E. 1st Court Steve Miskew 819 N.E. 1st Court Marilyn and Richard Busscher 823 N.E. 1st Court Marie and James Davenport 722 N.E. 1st Court Elaine Shand 721 N.E. 1st Court Roy Rising 715 N.E. 1st Court #2B Glenna H. Hogan 715 N.E. 1st Court #1E Patrick Hogan 715 N.E. lsr Court #ID Patrick R. Winiase 715 N.E. 1st Court # lB Charlotte Bryant 715 N.E. 1st Court #2C Bette D. Jenness 715 N.E. 1st Court #lA Richard Crabtree 715 N.E. 1st Court #2D Marjorie Crabtree 715 N.E. 1st Court #lC Derek M. & Barbara E. Hanley 828, N. E. 1st Court, Delray Beach, FL 33483 (TEL: 407-278-4863) March 12, 1996 To Members of the City Commission, City of Delray Beach, City Hall, 100 N.W. 1st Avenue, Delray Beach FL 33444 Dear Mr. Mayor and City Commissioners, Copy to Mr D. Harden The agenda of the March 19th City Commission meeting includes a discussion of alternatives for funding the rebuilding of the seawall at the end of N.E 1 st Court. This seawall was included in the 1995 conu'act with F.I.N.D. wherein, F.I.N.D. would grant the City a subsidy of 50% ($8,400) of the cost of rebuilding this seawall. In exchange, the City was to establish for 25 years, a public park in the right-of-way at the end of this street. The park would have unlimited public access and include the installation of park benches, a sign and designated parking spaces on the street for park users - this is documented in the contract and in a side agreement. This contract was made without public discussion; there was no due process for the N.E. 1st Court homeowners who will be adversely affected by a decision that would significantly and permanently change the nature and character of this quiet, unique residential community. The opportunities for crime, trash and disorderly behavior will be significantly increased in our neighborhood - Delray Police state that crime is 80% opportunity. A park at the end of our cul- de-sac will increase that opportunity by enabling people who, otherwise, would have no business on the street to loiter at the street end during day and night-time hours. The lack of need for additional water-dependent development is unequivocally documented in a policy statement in the City's Comprehensive Plan (attached). Lack of need is further demonstrated by the proximity of Veterans' Park, only 270 feet South of N.E. 1 st Court and Knowles Park, only a mile South. We and Mr & Mrs Busscher applied for the City to abandon this fight-of-way, to us as abutting property owners. This was unanimously approved by the Commission on August 8, 1995; but, rescinded 4-1 on October 10, 1995. As part of the August 8th approval, it was agreed that the City would seek F.I.N.D.'s agreement to divert the seawall funding from N.E. 1st Court to another project. The City received approval for the transfer of funds on December 6, 1995. The few homeowners who opposed abandoning the right-of-way to Mr and Mrs Busscher and us, did not want the street end to change to a public park, they wanted it to remain as open space. The City rebuilt the N.E 1 st Court seawall in February. Mr Harden, the City Manager, and Mr Beatty, the City Engineer, advised us that the City could obtain retroactive funding from F.I.N.D. for the N.E. 1st Court seawall. We oppose such retroactive funding by F.I.N.D. and appealed to Mr Harden for City money to be used to fully fund the seawall, and for the City to leave the area as an unimproved, municipal open space in order to avert the conditions imposed by the F.I.N.D. contract. We believe that the underlying legislation for F.I.N.D. funding did not intend the disruption of residential neighborhoods and is a misapplication in this case. Nor, do we believe the Commissioners ever intended, in accepting F.I.N.D. funding, to worsen the problems already experienced at these street ends, especially in a unique community of homes like N.E. 1st Court. (1) We appeal to you and the other commissioners to approve full funding of thc N.E 1st C9ur~ seawall from City resources and leave the right-of-way as unimproved open space. (2) If this is approved, consider offering N.E. I st Court homeowners the possibility of becoming 50% funding partners with the City in exchange for abandoning the right-of-way to a N.E. 1 st Court Homeowners Association, with a right to use the area for all N.E. 1 st Court homeowners. Yours sincerely, Derek and Barbara Hanley Copy to N.E. 1st Court Homeowners Wanda, and Randy Goodleaf 704 N.E. 1st "Court, Delray Beach FL 33483 City Commissioners, City of Deiray Beach, March 13 1996 City Hall, 100 N.W. 1st Avenue, Delray Beach FL 33444 Dear Commissioner, We are aware that the N.E. 1st Court seawall restoration was deleted from thc 1995 F.I.N.D. contract with the City of Delray Beach at the request of the City. The City, currently, has fully funded the seawall restoration (which has been re-built) from City resources. However, we understand the the City of Delray Beach may request that the N.E. 1st Court seawall be added back to the F.I.N.D. contract retroactively and that this will be a subject on the agenda of the March 19 City Commission meeting. The original contract was entered into without consultation and with no due process for thc homeowners who will be adversely affected by its terms. Therefore, we want to register our opposition to F.I.N.D. funding this seawall because of the contractual conditions required by F.I.N.D. that would transform the end of this quiet cul-de-sac into a public park with a sign, park benches possible designated parking spaces and unlimited and unsupervised public access. This would create a significant, adverse change in the nature and character of this community of 24 homes and we believe would be a misapplication of F.I.N.D. funding People, who, otherwise, would have no business on thc street would bc able to loiter at the street end in daylight and after dark, significantly increasing the opportunity for crime, trash and disorderly behavior. Current experience indicates this is a problem that will become worse if the area becomes a public park of record. We already have a large public park, Veterans' Park one block (280 feet) South of N.E. 1st Court which provides more than adequate recreational amenities and park facilities. N.E. 1st Court is unsuitable for a public park. Furthermore, the City's Comprehensive Plan clearly states that there are no needs for additional water- dependent recreational sites or water-related development sites, except for Marinas and boat ramps, neither of which would be possible at thc end of N.E. 1st Court. For these reasons, we urge you and the other Commissioners to vote to continue funding the N.E. 1st Court seawall from City resources and to leave the area at the end of the street empty open space, as it is today. We suggest that in addition, you consider offering the N.E. 1st Court homeowners thc opportunity to become 50% funding partners with the City in exchange for abandoning the right-of-way to a N.E. 1st Court Homeowners Association with easements for City services and a right-to use for all N.E. 1st Court homeowners. Thank you. Yours sincerely, Wanda and Randy Goodlcaf jEInine Shand 721 N.E. 1st "Court, Delrny Beach FL 33483 City Commissioners, City of Deirny Beach, March 13 1996 City Hall, 100 N.W. 1st Avenue, Delray Beach FL 33~.~.~. Dear Commissioner, We are aware that the N.E. 1st Court seawall restoration was deleted from the 1995 F.I.N.D. contract with the City of Deiray Bench at the request of the City. The City, currently, has fully funded the seawall restoration (which has been re-built) from City resources. However, we understand the the City of Delray Beach may request that the N.E. 1st Court seawall be added back to the F.I.N.D. contract retroactively and that this will be a subject on the agenda of the March 19 City Commission meeting. The originni contract was entered into without consultation nnd with no due process for the homeowners who will be adversely affected by its terms. Therefore, we want to register our opposition to F.I.N.D. funding this seawall because of the contractual conditions required by F.I.N.D. that would transform the end of this quiet cul-de-sac into a public park with a sign, park benches possible designated parking spaces nnd unlimited and unsupervised public access. This would create a significant, adverse change in the nature nnd character of this community of 24 homes and we believe would be n misapplication of F.I.N.D. funding People, who, otherwise, would have no business on the street would be able to loiter at the street end in daylight and after dark, significantly increasing the opportunity for crime, trash and disorderly behavior. Current experience indicates this is a problem that will become worse if the area becomes a public park of record. We already have a large public park, Veterans' Park one block (280 feet) South of N.E. 1st Court which provides more than adequate recreational amenities and park facilities. N.E. 1st Court is unsuitable for a public park. Furthermore, the City's Comprehensive Plan clearly states that there ,are no needs for additional water- dependent recreational sites or water-related development sites, except for Marinas and boat ramps, neither of which would be possible at thc end of N.E. 1st Court. For these reasons, we urge you and the other Commissioners to vote to continue funding thc N.E. 1st Court seawall from City resources and to leave the area at thc cad of the street empty open space, as it is today. We suggest that in addition, you consider offering the N.E. 1st Court homeowners the opportunity to become 50% funding partners with the City in exchange for abandoning thc right-of-way to a N.E. 1st Court Homeowners Association with easements for City services and a right-to use for all N.E. 1st Court homeowners. Thank you. Yo_urs sl~ercly,/,') Sara and Michael Teach 708 N.E. 1st Court, Delray Beach FL 33483 City Commissioners, City of Delray Beach, March 13 1996 City Hall, 100 N.W. 1st Avenue, Delray Beach FL 33444 Dear Commissioner, We are aware that the N.E. 1st Court seawall restoration was deleted from the 1995 F.I.N.D. contract with the City of Delray Beach at the request of the City. The City, currently, has fully funded the seawall restoration (which has been re-built) from City resources. However, we understand the the City of Delray Beach may request that the N.E. 1st Court seawall be added back to the F.I.N.D. contract retroactively and that this will be a subject on the agenda of the March 19 City Commission meeting. The original contract was entered into without consultation and with no due process for the homeowners who will be adversely affected by its terms. Therefore, we want to register our opposition to F.I.N.D. funding this seawall because of the contractual conditions required by F.I.N.D. that would transform the end of this quiet cul-de-sac into a public park with a sign, park benches possible designated parking spaces and unlimited and unsupervised public access. This would create a significant, adverse change in the nature and character of this community of 24 homes and we believe would be a misapplication of F.I.N.D. funding People, who, otherwise, would have no business on the street would be able to loiter at the street end in daylight and after dark, significantly increasing the opportunity for crime, trash and disorderly behavior. Current experience indicates this is a problem that will become worse if the area becomes a public park of record. We already have a large public park, Veterans' Park one block (280 feet) South of N.E. 1st Court which provides more than adequate recreational amenities and park facilities. N.E. 1st Court is unsuitable for a public park. Furthermore, the City's Comprehensive Plan clearly states that there are no needs for additional water- dependent recreational sites or water-related development sites, except for Marinas and boat ramps, neither of which would be possible at the end of N.E. 1st Court. For these reasons, we urge you and the other Commissioners to vote to continue funding the N.E. 1st Court seawall from City resources and to leave the area at the end of the street empty open space, as it is today. We suggest that in addition, you consider offering the N.E. 1st Court homeowners the opportunity to become 50% funding partners with the City in exchange for abandoning the right-of-way to a N.E. 1st Court Homeowners Association with easements for City services and a right-to use for all N.E. 1st Court homeowners. Thank you. Yours sincerely, ...... ~-'~ Michael and Sara Teach James and Marie Davenport 722 N.E. 1st Court, Delray Beach FL 33483 City Commissioners, City of Delray Beach, March 13 1996 City Hall, 100 N.W. 1st Avenue, Delray Beach FL 33444 Dear Commissioner, We are aware that the N.E. 1st Court seawall restoration was deleted from the 1995 F.I.N.D. contract with the City of Delray Beach at the request of the City. The City, currently, has fully funded the seawall restoration (which has been re-built) from City resources. However, we understand the the City of Dclray Beach may request that the N.E. 1st Court seawall be added back to the F.I.N.D. contract retroactively and that this will be a subject on the agenda of the March 19 City Commission meeting. The original contract was entered into without consultation and with no due process for the homeowners who will be adversely affected by its terms. Therefore, we want to register our opposition to F.I.N.D. funding this seawall because of the contractual conditions required by F.I.N.D. that would transform the end of this quiet cul-de-sac into a public park with a sign, park benches possible designated parking spaces and unlimited and unsupervised public access. This would create a significant, adverse change in the nature and character of this community of 24 homes and we believe would be a misapplication of F.I.N.D. funding People, who, otherwise, would have no business on the street would be able to loiter at the street end in daylight and after dark, significantly increasing the opportunity for crime, trash and disorderly behavior. Current experience indicates this is a problem that will become worse if the area becomes a public park of record. We already have a large public park, Veterans' Park one block (280 feet) South of N.E. 1st Court which provides more than adequate recreational amenities and park facilities. N.E. 1st Court is unsuitable for a public park. Furthermore, the City's Comprehensive Plan clearly states that there are no needs for additional water- dependent recreational sites or water-related development sites, except for Marinas and boat ramps, neither of which would be possible at the end of N.E. 1st Court. For these reasons, we urge you and the other Commissioners to vote to continue funding the N.E. 1st Court seawall from City resources and to leave the area at the end of the street empty open space, as it is today. We suggest that in addition, you consider offering the N.E. 1st Court homeowners the opportunity to become 50% funding partners with the City in exchange for abandoning the right-of-way to a N.E. 1st Court Homeowners Association with easements for City services and a right-to use for all N.E. 1st Court homeowners. Thank you. Yours sincerely, ~ ~~"~Jim ~nd Marie Davenp~R .f~ ~./// ·/1 Paul~t and Karla Ramsey 717 N.E. lst'Court, Delray Beach FL 33483 City Commissioners, City of Delray Beach, March 13 1996 City Hall, 100 N.W. 1st Avenue, Delray Beach FL 39444 Dear Commissioner, We are aware that the N.E. 1st Court seawall restoration was deleted from the 1995 F.I.N.D. contract with the City of Delray Beach at the request of the City. The City, currently, has fully funded the seawall restoration (which has been re-built) from City resources. However, we understand the the City of Delray Beach may request that the N.E. 1st Court seawall be added back to the F.I.N.D. contract retroactively and that this will be a subject on the agenda of the March 19 City Commission meeting. The original contract was entered into without consultation and with no due process for the homeowners who will be adversely affected by its terms. Therefore, we want to register our opposition to F.I.N.D. funding this seawall because of the contractual conditions required by F.I.N.D. that would transform the end of this quiet cul-de-sac into a public park with a sign, park benches possible designated parking spaces and unlimited and unsupervised public access. This would create a significant, adverse change in the nature and character of this community of 24 homes and we believe would be a misapplication of F.I.N.D. funding People, who, otherwise, would have no business on the street would be able to loiter at the street end in daylight and after dark, significantly increasing the opportunity for crime, trash and disorderly behavior. Current experience indicates this is a problem that will become worse if the area becomes a public park of record. We already have a large public park, Veterans' Park one block (280 feet) South of N.E. 1st Court which provides more than adequate recreational amenities and park facilities. N.E. 1st Court is unsuitable for a public park. Furthermore, the City's Comprehensive Plan clearly states that there are no needs for additional water- dependent recreational sites or water-related development sites, except for Marinas and boat ramps, neither of which would be possible at the end of N.E. 1st Court. For these reasons, we urge you and the other Commissioners to vote to continue funding the N.E. 1st Court seawall from City resources and to leave the area at the end of the street empty open space, as it is today. We suggest that in addition, you consider offering the N.E. 1st Court homeowners the opportunity to become 50% funding partners with the City in exchange for abandoning the right-of-way to a N.E. 1st Court Homeowners Association with easements for City services and a right-to use for all N.E. 1st Court homeowners. Thank you. Yo~incerely,/~ Roy Rising President, Barclay House, 715 N.E. 1st Court, Deiray Beach FL 33483 City Commissioners, City of Dciray Beach, March 13 1996 City Hall, 100 N.W. 1st Avenue, Dciray Beach FL 33444 Dear Comm~i~oner, I represent a community of ten homes situated on N.E. 1st Court. We are aware that the N.E. 1st Court seawall restoration was deleted from the 1995 F.I.N.D. contract with the City of Delray Beach at the request of the City. The City, currently, has fully funded the seawall restoration (which has been re-built) from City resources. However, we understand the the City of Delray Beach may request that the N.E. 1st Court seawall be added back to the F.I.N.D. contract retroactively and that this will be a subject on the agenda of the March 19 City Commission meeting. The original contract was entered into without consultation and with no due process for the homeowners who will be adversely affected by its terms. Therefore, we want to register our opposition to F.I.N.D. funding this seawall because of the contractual conditions required by F.I.N.D. that would transform the end of this quiet cul-de-sac into a public park with a sign, park benches possible designated parking spaces and unlimited and unsupervised public access. This would create a significant, adverse change in the nature and character of this community of 24 homes and we believe would be a misapplication of F.I.N.D. funding People, who, otherwise, would have no business on the street would be able to loiter at the street end in daylight and after dark. significantly increasing the opportunity for crime, trash and disorderly behavior. Current experience indicates this is a problem that will become worse if the area becomes a public park of record. We already have a large public park, Veterans' Park one block (280 feet) South of N.E. 1st Court which provides more than adequate recreational amenities and park facilities. N.E. 1st Coun is unsuitable for a public park. Furthermore, the City's Comprehensive Plan clearly states that there are no needs for additional water- dependent recreational sites or water-related development sites, except for Marinas and boat ramps, neither of which would be possible at the end of N.E. 1st Court. For these reasons, we urge you and the other Commissioners to vote to fully fund the N.E. 1st Court seawall from City resources and to leave the area at the end of the street empty open space, as it is today. We suggest that in addition, you consider offering the N.E. 1st Court homeowners the opportunity to become 50% funding partners with the City in exchange for abandoning the right,of-way to a N.E. 1st Court Homeowners Association with easements for City services and a right-to use for all N.E. 1st Court homeowners. Thank you. Yours sincerely, Roy Rising Marilyn ? and Richard Busscher 823 N.E. 1st Court, Delray Beach FL 33483 City Commissioners, City of Delray Beach, March 13 1996 City Hall, 100 N.W. 1st Avenue, Delray Beach FL 33~.~~. Dear Commissioner, We are aware that the N.E. 1st Court seawall restoration was deleted from the 1995 F.I.N.D. contract with the City of Delray Beach at the request of the City. The City, currently, has fully funded the seawall restoration (which has been re-built) from City resources. However, we understand the the City of Delray Beach may request that the N,E. 1st Court seawall be added back to the F.I.N.D. contract retroactively and that this will be a subject on the agenda of the March 19 City Commission meeting. The original contract was entered into without consultation and with no due process for the homeowners who will be adversely affected by its terms. Therefore, we want to register our opposition to F.I.N.D. funding this seawall because of the contractual conditions required by F.I.N.D. that would transform the end of this quiet cul-de-sac into a public park with a sign, park benches possible designated parking spaces and unlimited and unsupervised public access. This would create a significant, adverse change in the nature and character of this community of 24 homes and we believe would be a misapplication of F.I.N.D. funding People, who, otherwise, would have no business on the street would be able to loiter at the street end in daylight and after dark, significantly increasing the opportunity for crime, trash and disorderly behavior. Current experience indicates this is a problem that will become worse if the area becomes a public park of record. We already have a large public park, Veterans' Park one block (280 feet) South of N.E. 1st Court which provides more than adequate recreational amenities and park facilities. N.E. 1st Court is unsuitable for a public park. Furthermore, the City's Comprehensive Plan clearly states that there are no needs for additional water- dependent recreational sites or water-related development sites, except for Marinas and boat ramps, neither of which would be possible at the end of N.E. 1st Court. For these reasons, we urge you and the other Commissioners to vote to continue funding the N.E. 1st Court seawall from City resources and to leave the area at the end of the street empty open space, as it is today. We suggest that in addition, you consider offering the N.E. 1st Court homeowners the opportunity to become 50% funding partners with the City in exchange for abandoning the right-of-way to a N.E. 1st Court Homeowners Association with easements for City services and a right-to use for all N.E. 1st Court homeowners. Thank you. ~~ ,~..~~~l&~ f~., Yours sincerely, Marilyn and Richard Bflsscher~'/ Mar-lB-g6 01:07P RJS/Jackson Management ~- Steve Miskew 819 N.E. ]st Court, Dclray Beach ]FL 33483 City Commi~sioners, City of Delrsy Beach, March 15 1996 City llail, 10t) N.W. Ist Avenue, De. lray Beach FL 3~d~14 Dear Commissionor, I am aware that the N,E. l~t Cou~ ~¢awall remorafion was deleted from thc 1095 contract with the City of Dclray Beach a~ the ~quest of thc City. Thc City, currently, has fully funded the ~eawall rcstoration (which h~s bccn ~-built) from City resources. However, ] undcr~t~d thc thc City of Dglray Beach may ~qucst Ihat thc N.E. 1st ~awall ~ added back to ~e P.I.N.D, contract ~ctroactlvcly and thai this will b~ a subject on ~he agcada of thc ~urch 19 ~i~y Commission meeting. Thc o~gin~l Contract was entered into without consultation and w~lh no duc process for the homeowners who will ~ adwrs~ly affected ~y it~ terms. Therefore, I warn to register my opposition Io F.I.N.D. fundin~ this ~e~wall ~ecausc of the contractual conditions required by F.I.N.D. that would transform t~c end of ~s quiet cul-de-sac into a public park with a sign, park be~chcs possible designated parking spaces and unlimited and unsupervised public access. This would crgalc a significant, adverse change in thc nature and character of commnity of 24 homes arid we bclicve would bca misapplication of F.I.N.D, funding People, who, othe~iac, would haw nO business on lhe street would be able ~o logier the st~ct end in daylight and after dark, significantly increasing thc opportunity for crime, trash and disorderly behavior. Curront experience indicates this is a problem thai will ~comc wor~ If thc area becomes a public park of rock, rd. ~ere is, already, a large public park, Vctcrans' Park one block (280 feet) Sou~h of ]st C0uH which providcs more Ihan adequate recreational amenifics and park facil~t[es. N.E. Isa Cou~ is unsuitablc for a public park. Furthc~orc, ~e City's Comprehensive Plan clearly slates that there are no needs for additional water- dependent recreational ~ilca or water-related dcvclopmcnt sites, except for Marinas and ~at ~mps, neishcr of which would be possible at the end of N.E. Isa Coup. For these reasons, i urge you and the other Commisslonora to vote to continue funding ~c ff,i. I~1 Court seawall from City resources and to leave the area at ~hc end of the streel empty open apace, ~ it is today. I suggest that In addition, you consider offering thc N.E. Isa Court homeowners the 0pportuni~y to become 50% funding partners with thc City in g~changc for abandoning lbo rtihl-of-way to a N.E, 1st Court tlomcowners Association with casemcms for Cily semites and a righl4o usc for all ~.E. 1st Court homeowpcrs. Thank you. Yours sincerely, Steve Mlskcw Homeowners and Taxpayers of Barclay House, 715 N.E. 1st Court, Delray Beach FL 33483 Petition to the City Manager a~d City Commission of Delray Beach (1/9/96) We represent ten of the 24 homes on N.E. 1st Court. W0 oppose the contract that the City of Delrav Beach has made with Florida Inland Navieation District (F.I.N.D.) and. hereby. petition for permanent cancellation of all its provisions. This contract was entered into without a prior public hearing or any prior consultation with, or information to, any homeowners who will be adversely affected by its execution. We believe that this lack of due process for the people affected makes the contract invalid. In the contract, FIND will grant the City 50% of the funding required to rebuild a number of seawalls adjacent to municipal rights-of-way at street ends on the intra-coastai waterway. In exchange, the City is obligated to convert these street ends into "official" public parks, with park benches, a park sign, and where required, designated parking spaces, and maintain them for a minimum of 25 years, One of these street ends is N.E. 1st Court. Once the presence of these "official" parks becomes generally known, the quality of life for people living in these areas will be adversely affected. Thc proximity of N.E. 1st Court to Route 1, makes it particularly vulnerable. The position of thc Dclray Police is that crime is caused 80% by opportunity. The presence of a public park will enable people, who would, otherwise, have no business on thc street, to loiter at any time, day or night. Therefore, a park will significantly increase thc opportunities for burglary and other felonies on the street. Instead of a quiet cul-de-sac, N.E. 1st Court will become a thoroughfare, with increased traffic and the parking of cars outside our homes. The traffic will pose a greater hazard to children playing on the street· Thc regular presence of strangers at the street end will inhibit or prohibit usc of this area by residents of the street. Trash and unruly behavior will become ongoing issues. In addition, all of this will seriously reduce property values for everyone on N.E 1st Court. The FIND subsidy for the N.E. 1st Court seawall is only $8, 400. Acceptance of this relatively small amount of money, will do unwarranted and unnecessary damage to this community and is totally unnecessary, given the very generous park and recreation facilities in close proximity at Veterans' Park and Knowles Park. Also, it would be a significant variance from the stated top priority of the City Commission to strengthen communities in Delray Beach. We urge the City to use other opportunities for funding the rebuilding of the seawall, including full funding by the City and an agreement to leave the area permanently as unimproved municipal open space; or, contribution of $8, 400 from homeowners on the street in exchange for a right-to-use lease for all homeowners on N.E. 1st Court. This would be an enhancement_.~or our community. NameZ~.....j.~.~ f ~"'- //k.J ~__.~-- Sf'" ~ ......... ............................ ./. .............. C. ......... .Name/.~..~..~~~; .... Address...~....~..~.........~.....~.. ....... ~...~......~.. ......... ...~....~ Name ....~....,~../...t~.. ...... Z~ ....................... Address..-~../....~..~..~.....Z~..~:.7.....~..':./~ ............... 1 of 2 Homeowners and Taxpayers of Barclay House, 715 N.E. 1st Court, Delray Beach FL 33483 Petition to the City Manager~hnd City Commission of Delray Beach (1/9/96) Name ....................................................................... Address ................................................................ Name ....................................................................... Address ................................................................ Name ....................................................................... Address ................................................................ Name ....................................................................... Address ................................................................ Name ........................................................................ Address ............................................................... Name ....................................................................... Address ................................................................ Name ....................................................................... Address ................................................................ Name ........................................................................ Address ............................................................... 2 of 2 DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Dan Beatty, P.~~ Asst. city Engl~ DATE: March 29, 1994 SUBJECT: SEAWALL RECONSTRUCTION PROJECT PROJECT NO.~94-04t?~ On March 25, 1994 a preapplication conference was held with the Florida Inland Navigational District rewarding the subject project. During the conference we were' advised to prioritize the seawalls, in case funding is only granted for a portion. We have prioritized the seawalls as follows: 1.) Casaurina Road 2.) Lowry Street 3.) S.E. 10th Street 4.) N.E. 1st Court 5.) N.E. 2nd Street 6.) N.E. 4th Street 7.) N.E. 5th Street 8.) Bucida Road 9.) S.E. 7th Street We were also informed that the project would be more appealing, if we added some pedestrian/public use enhancements such as park benches or picnic tables. Please inform me if you agree with this priority list and we shall proceed accordingly. KB:mm cc: Ralph E. Hayden, P.E., City Engineer Doug Randolph, Grants/Training Coordinator File: Project No. 94-047 (D) DB447329.MRM FLORIDA INLANd) NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. PB DB 94-35 This PROJECT AGREEMENT made and entered into this [5::,~' day of ~ ~;~.~"",1994 by and between tile Florida Inland Navigation District (hereinafter tile "District"), and lhe City of Delray Beach, (hereinafler lhe "I'ROJECT SPONSOR"). In consideration of tile mutual promises and covenants contained herein, tile parties agree as follows: 1. PRO.IECT - Subject to tile provisions of this Agreement and Rule 16T-2 of tile Florida Administrative Code (Exhibit '~A"), tile District has determined to provide assistance funding to tile PROJECT SPONSOR itl furlherance of an approved project ("PROJECT") consisting of tile SEAWALL REHABILITATION PROJECT. Said PROJECT is more specifically described in tile PROJECT SPONSOR's Waterways Assistance Application which is on file at District headquarters. Any modifications to the PROJECT shall require advance nolice Ilo and prior wrillen approval of tile District, 2. TERM - Tile PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless otherwise authorized and shall complete the PROJECT and submit all required payment relmbursemeut information on or before Seplember 1, 1995, unless the PROJECT period has been extended with the prior written approval of the District. Ill no event, however, shall the PROJECT period extend beyond three (3) years from tile date of tile execution of this Agreement. Tile PROJECT SPONSOR acknowledges there are no provisions to carry over the District assistance funding under this Agreement beyond September 30, 1995, ally extension of funding beyond this date shall be al tile sole discretion of tile District. ~' 3. ASSISTANCE AMOUNT - The District shall._contribute no m0r¢ than fifty percent ( 50 %) of the PROJECT SPONSOR'S out-of-pocket costs for completioq of this PROJECT ("PROJEC~F AMOUNT"). [NOTE: The District is statutorily authorized to fund up to one hundred percent (100%) of the financial assistance and support for public navigation, law enforcement, and environmental educatio,~ projects; all other projects shall require matching funds from the Sponsor.} Payment of ftmds by the District to the PROJECT SPONSOR (THE "ASSISTANCE AMOUNT") will be on 13. OUARTEI{LY REPORTS - Tile PROJECT SPONSOR's Liaison Agent shall submit to tile District quarterly project status reports during tile PROJECT term. These Quarterly Reports are due as shown in Exhibit "E% Quarterly reports shall summarize the work accomplished, problems encountered, percentage of completion and other appropriate information. Project design drawings, engineering drawi,lgs, and · . a copy of tile Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accolnplished. NON-COMPLIANCE by tile PROJECT SPONSOR with the reporting schedule in Exhibit ~E" may result in revocation of this agreement pursuant to Paragraph 10 of this agreement. 14. LAWS - Tile PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and regulations i,i tile development of tile PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. ~ 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parki.ng shall be made available by tile PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that when completed, the PROJECT site shall be dedicated for tile public use for a minimum period of twenty-five (25) years, su.cl)L_dedication to be in the form of a deed, lease, m.?ag~e_m__en_t__a_g_re~e_m_e_n_t_or_ _ot_h_er_!egall_~y_~indin~g docume, n.t.- Tile PROJECT SPONSOR shall record evidence of such dedication within tile Public Records of tile County in which the PROJECT is located. 17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a permanent sign, approved by the District, in a prominent location at the completed project which shall indicate that the District was a joint participant and con_t_ri_b_ut_or._t~__~ the development of the PROJECT. This sign shall contain the District l_9_og__o (E?_hibi~_t~. "F") unless otherwise stipulated by tile District. Ill tile event that the SPONSOR erects a temporary construction sign, it shall also indicate the District's participation. 4 COMPREHENSIVE PLAN FOR THE CITY OF DELRAY BEACH DELRAY BEACH llI-AmedcaCity .993 Adopted by Ordinance 82-89 November 28, 1989 Certified as In Compliance February, 1990 Amended by Ordinance 52-90 November 20, 1990 Amended by Ordinance 74-91 October 8, 1991 Amended by Ordinance 28-92 September 8, 1992 Amended by Ordinance 63-92 December 8, 1992 Amended by Ordinance 52-93 September 28, 1993 Amended by Ordinance 84-93 December 14, 1993 Amended by Ordinance 90-94 November 15, 1994 Amended by Ordinance 94-94 December 6, 1994 Table CM-2 Acreage in Flood Zone Categories Zone Acres % of Coastal Area V-Zone 28.38 5.22 Zone A 262.66 48.31 Zone B 119.56 21.99 Zone C 133.09 24.48 TOTAL 543.69 100.00% Source: Flood Insurance Rate Map. Revised September 30, 1982 There are no needs for addit~onal water-deRgndent site~ rn 6u ra-' - ona a er access ~ additional ~arl~as br boat ramp aecess.--T~re are no needs for addit~lonal water-relate~ de~lopment ~'lte~ The economic character of =he coastal zone, a~ depicted on the Future Land Use Map, is the same as exists today. There are no coastal areas which are in the need of redevelopment. Maps depicting remaining natural resources and areas subject to coastal flooding are provided In Figure CM-3 and CM-4. Table CM-2 indicates the acreage distribution of flood prone areas as they relate to the Federal flood zone categories. There are no conflicts with future development (since there is minimum potential for future development). The most significant conflict occurs with the preservation of the dune system and its vegetation while still providing ready accessibility to the beach. Technically, there is no estuarine environment in the ~lray Beach Coastal Zone. The Intracoastal Wate~ay ~ ~en dredged and "improved" (i.e. construction of ~alls in-lieu of retaining the natural environment) ~'~g a great part of its shoreline. The natural areas which remain are not estuarine in a technical classification. However, the City and other sensitive agencies consider It to be more than a transportation route and its estuarine features should be protected. There are no known point sources of pollution other than places where sto~ water systems discharge into III-F-6 ( ~. /~ .m~. ~) LEGEND: ~ - Indicates Center Line R/W - Indicates Right-of-way P.B.- Indicates Plat Book O,R,B.-Indicates Official Record Book I.P.F.-Indicates Iron Pin Found MEAS. -Indicates Measured ' CONC. -Indicates Concrete NOTES: 1. The sketch as shown hereon indicates a special purpose survey to indicate the location of existing improvements and utilities. 2. The existing gravity sewer and force main do not fall within the proposed area of abandonment. LEGAL DESCRIPTION: The Easterly abandonment area of N.E. let Court adjacent to the Intracoastal Waterway and lying Northerly of Lot 28, SEESTEDT-STEVENS SUBDIVISION, a subdivision as recorded in Plat Book 18, Page 3, in the Public Records of Palm Beach County, Florida. CERTIFICATION: I hereby certify the sketch as shown hereon represents a survey made under my direction and to be true and accurate to the best of my !¢nowledge and belief, subject to easements and right-of-ways of record and meets the minimum technical standards of Rule 61G17-6 of the [Registered Florida SurveyS/ ~' ___ __ ~? Mapper N~. 2580 e I~GENTRY ENGINEERING m Dace of Special Purpos ~) II LAND SURVEYIng, I~ P.O. BOX 243 ~ DELEAY B~CH, FLORIDA 33444 '~ ~ // ..... .., R/N - ]ndiea~es R~gA~-o~-~ap of Ourse O.R.B.-Indicates Official Record Book P.T.-Indtcates Point P.B. - Indicates Plat Book of TanGent PG.- Indicates Page ,- - Indicates Delta R- Indicates Radius .... A- Indicates Arc Distance T - Indicates Tangent P.O.B.- Indicates Point of B~in~ng NOTES: 1. This sketch represents a special purpose survey fo~ the proposed right-of-way abandonment. 2. Ail existing improvements not shown. " 3. This sketch reflects.bbc.proposed 1mproyements for '.~bAdway and curblng within the right-of-way of N.E. let Court, according to'She 'constructiOn draWi~'g'provlded by the City qf De,ray B~a~ 'Engineering Department. 4. For Legal descriptions Parcel 1 and Parcel 2, see attached. 5. Bearings are based on assumed datum. 6. Parcel 1 and Parcel 2 , ' shall also become easements to the C~ty of GENTRY ENGINEERING & Delray Beach for the .*n en- LAND SURVEYING, INC. necessary purposes for DELRAY B~CH, FLORIDA 33444 City Forces. ' , ., ~ Sheet 1 of 3 ,, LEGAL DESCRIPTION: Parcel 1, a proposed vacated right-of-way, being a por'tion of N.E. 1st Court, Delray Beach, Florida and more particularly described as follows: Beginning at the Southeast c~r~er"~f that part of the South one-half 1/2} of the North one-half (N. 1/2} of Block 159, lying West of the Intracoastal Waterway~ MAP OF THE TOWN OF LINTON, ~ subdivision as recorded .~n Plat Book 1, Page 5, in the Public Records of Palm Beach County, florida and being 'a point oo the We=terly Rtg6t-of-~ay line Of the Intracoast~'l aer~ay,. a~ re~ord~ in ~lat. Book 17. Page I~A, ~ t~e'Publi¢ Records aim ~e?cn ~oun~y, ~lorlda and a point on th~ Northerly Right-of-way lin~ Of N.E. 1st Court; thence, run 8 7'45'58" W, along ~,~td We~ right-of-way line of the Intra¢oastal Waterway, a distance'of 20.18 fe~t to a point, also being the extended center line of N.E. 1st Court; t~ence ~'un N 90'00'00" W, along said extended center line, a distance of 6.00 feet to a point on a curve, said curve having a tangent bearing of N 7'43'38" thence run Northwesterly along the arc of said curve to the left, a distance of 34.11 to a point of tangent and a point on the North Right-of-way line of said N.E. let Court, said curve having a central angle o~ 97°45'38'', a radius of 20.00 ~eet and a tangent of 22.90 feet; thence run S 90°00'00.. E, along s.~d North Right-of-way line, tangent to the previously described curve a. distance of 28.90 fee~ to the Point o~ Beginning of Parcel 1. CERTIFICATION: I hereby certify the sketch attached herewith represents a survey made under my direction and to be true and accurate to the best of my knowledge and belief, subject to easements and right-of-ways, of record and I further · .certify that said survey meets the mi~ntmum Technical Standards of Rule 61G17%6 of the F~~ive Code. ~Reg~istered Florida Land 8u~eyor and Mapper No. 2580 D~e of Special Purpose Boundary ~urvey: May 11, 1995 GENTRY ENGINEERING & '" LAND SURVEYING, INC. ' P.O,. BOX 243 Sheet. 2 of 3 DELRAY BEACH, FLORIDA 33444 LEGAL DESCRIPTION: Parcel 2, a proposed vacated right-of-way, being a portion o~ N.E. 1st Court,.Oelray Beach, Florida and more particularly described as ~oIlows: Beginning at the Northeast corner of Lot 28, SEESTEOT-STEVENS SUBDIVISION, a subdivision as recorded i.~ Plat Book 18, Page 5, in the Public Records o~ Palm Beach County, Florida and a point on the Westerly Right-of-way line o~ the Intracoastal Waterway, as recorded in Plat Book 17, Page I~A, in the ' Public Records o~ Palm Beach County, Florida; thence ~r~n N ~0'00'00" W, alon9 the North line of said Lot 28 and the South Right-of-way line of N.E. lzt Court, a distance o~ 25.47 feet to a point of curve; thence run Northeasterly along the arc o~ .sal,d curve to the le~t, a distance o~ 28.72 · eet to a point on said curve, also being a point on the extended ~ent. er line of said N.E. 1st Court, said curve having a central angle o~ 82'16'22", a radius o~ 20.00 feet, a tangent of 17.47 ~eet.and a t. angenL bearing N 7'45'58" E; thence run 8 ~0'.00'00" E, along said extended center line o~ N.E. 1st Oou,rt, a distance of 6.00 feet to a poip.~.on the sai~' Westerly Right-of-way of the Intracoastal Right-of-way; Lhence run S 7'45'58" W, along said Westerly Right-of-way line a distance of 20.18 ~eet to the Point of Beginning of Parcel 2. ' .......... I .... ~RT~FICA~ION: I hereby certify the sketch attached herewith represents a.survey made u~der my direction and to be true and accurate to the best of my knowledge and belief, subject to easements and right-of-ways of record and I ~urther certify that said survey meets the minimum Technical Standards o~ Rule ~lGI7-~ of~e Florida Administrative Code. ~stered Florida Land 8ur~eyor ~nd Mapper No. 25 Date o~ Special Purpose Boundary Survey: May 11, 1995 GEN'r-R " ENG' ' ERI NG & LAND SURVEYING, INC. P.O. BOX 243 Sheet 3 of 3 DELRAY BEACH, FLORIDA 33444 FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. PB DB 94-35 This PROJECT AGREEMENT made and entered into this [5>~V day of 03 ~I~;"~(",1994 by and between the Florida lnland Navigation District (hereinafter the "District"), and the City of Delray Beach, (hereinafter the "I'ROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 16T-2 of the Florida Administrative Code (Exhibit "A"), the District has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the SEAWALL REHABILITATION PROJECT. Said PROJECT is more specifically described in the PROJECT SPONSOR's Waterways Assistance Application which is on file at District headquarters. Any modifications to the I'ROJECT shall require advance notice lo and prior written approval of the District. 2. TERM - Tile PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless otherwise authorized shall complete the I'ROJECT and submit all required payment rehnbursement information on or before September 1, 1995, unless the PROJECT period has been extended with the prior written approval of the District. In no event, however, shall the PROJECT period extend beyond three (3) years from the date of the execution of this Agreement. The PROJECT SPONSOR acknowledges there are no provisions to carry over the District assistance funding under this Agreement beyond September 30, 1995, any extension of funding beyond this date shall be at tile sole discretion of the District. ?~ 3. ASSISTANCE AMOUNT - The District shall_contribute no more that~ fifty percent ( 50 %) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). [NOTE: The District is statutorily authorized to fund up to one hundred percent (100%) of the financial assistance and support for public navigation, law enforcement, and environmental education projects; all other projects shall require matching funds from the Sponsor.] Payment of funds by the District to the PROJECT SPONSOR {THE "ASSISTANCE AMOUNT") will be on 13. QUARTERLY REPORTS - The PROJECT SPONSOR's Liaison Agent shall submit to the District quarterly project status reports during the I'ROJECT term. These Quarterly Reports are due as shown in Exhibit "E". Quarterly reports shall smnmarize the work accomplished, problems encountered, percentage of completion and other approPriate information. Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be subnfitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with tile reporting schedule in Exhibit "E" may result in revocation of this agreement pursuant to Paragraph 10 of this agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be constructed compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. f'--" 15. NON-DISCRIMINATION The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequ_a~te__pa~rhpg.$hali be made available, by the PROJECT SPONSOR to accommodate vehicles for the nmnber of persons for which the PROJECT is being developed. __ 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that when completed, the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years, such dedication to be in the form of a deed, lease, manage~nent agreement or other legally binding document. The PROJECT SPONSOR tsh~all record evidence of such dedication ~within. the Public Records of the County in which the PROJECT is located. 17. A(~KNOWLEDGMENT - Tile PROJECT SPONSOR shall erect a permanent sign, approved by tile District, in a prominent location at tile completed project which shall indicate that the District was a joint participant and contributDL..t9 the development of the PROJECT. This sign shall contain the District .l~og_o. (ES!~_ibi__t. "F") unless otherwise stipulated by the District. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate the District's participation. 4 ' '~ ~0~ /~ ~pV~0__ __ ~ 5~W~ " , ~. ~. o9' o.~o~ t ~. /8, ~. ~ - Indicates Center Line I.P.F.-Indicates Iron Pin Found NEAS -Indicates Measured.. . CONC. -Indicates Concrete NOTES: 1. The sketch as shown hereon indicates a special purpose survey to indicate the location of existing improvements and utilities. 2. The existing ~ravity sewer and force main do not fall within the proposed area of abandonment. LEGAL DESCRIPTION: The Easterly abandonment area of N.E. 1st Court adjacent to the Intracoastal Waterway and lying Northerly of Lot 28, SEESTEDT-STEVENS SUBDIVISION, a subdivision as recorded in Plat Book 18, Page 3, in the Public Records of Palm Beach County, Florida. CERTIFICATION: I hereby certify the sketch as shown hereon represents a survey made un~er my direction and to be true and accurate to the best of my know, ledge and belief, subject to easements and right-of-ways of record and meets the minlmum technical standards of Rule 61G17-6 of %he Florida istrative Code. A , m istered Florida Surve' d Mapper No. 2580 GENTRY ENGINEERING& Date of Special Purpose Survey,: June 9, 1995 LAND SURVEYING,INC. P.O. BOX 243 DELRAY BEACH, FLORIDA 33444 ~ ~,~ ~ ... .. ~ r= LEGEND: ~ - Indicates Center Line P.C.-Indicates Point R/W - Indicates Right-of-way of Curve O.R.B.-Indicates Official Record Book P.T.-Indicates Point P.B. - Indicates Plat Book of Tangent PG. - Indicates Page ,- ~ - Indicates Delta R - Indicates Radius A - Indicates Arc Distance T - Indicates Tangent P.O.B.- Indicates Point of B~ginq~ng NOTES: 1. This sketch represents a special purpose survey for the proposed right-of-way abandonment. ' 2. All existing improvements not shown. ' .... 3. This sketch reflects ,~he,prop0sed improyements fOr ',~bhdway and curbing within the right-of-way of N.E. let Court, according to'~he construction draWin"g~provided by the City o'f D~ray B~a~h 'Engineering Department. 4. For Legal descriptions Parcel 1 and Parcel 2, see attached. 5. Bearings are based on assumed datum. 6. Parcel 1 and Parcel 2 shall also become easements to the City of GENTRY ENGINEERING& Delray Beach for the m *n,en- LAND SURVEYING, INC. anco of ugil~es and'~or ~.~. necessary purposes for DELRAY B~CH, FLORIDA 33444 City Forces. ' ...... : Sheet 1 of 3 LEGAL DESCRIPTION: ..... Parcel 1, a proposed vacated right-of-way, being a pDt'rich of N.E. 1st Court, Delray Beach, Florida and more particularly described as follows: Beginning at the Southeast c~r~er'"~ that part o~ the South one-half 1/2) of the North one-half (N. 1/2) of Block 139, lying West of tine Intracoastal Waterway, MAP OF THE TOWN OF LINTON, ~ subdiv.ision as recorded ~in Plat Book 1, Page 3, in the Public Records of Palm Beach County, Florida and being 'a point DO the Westerly Right-of-way line O~ the Intracoast~l Waterway, as recorded in ~lat. Book 1~ Page 16~, in the'Pu'blic Records of Palm Beach County, Florida and a poi ~ on the Northerly Right-of-way.line of N.E. 1st Court; thence~ run S 7°43'38'' W, along ~,Aid We~~ Right-of-way line of the Intracoastal Waterway, a distanc~of 20.18 fee~ to a point, als° being the extended center line of N.E. 1st C°ur~; thence N 90°00'00" W, along said extended center line, a distance of 6.00 feet to a point on a curve, said curve having a tangent bearing of N 7°43'58.. thence run Northwesterly along the arc of said curve to the left, a distance of 54.11 to a point of tangent and a point on the North Right-of-way line o~ said N.E. 1st Court, said curve having a central angle of 97°45'58", a radius o~ 20.00 feet and a tangent of 22.90 feet; thence run S 90°00'00" E, along s,~d North Right-of-way line, tangent to the previously described curve a~ distance of 28.90 fee~ to the~ Point of Beginning of Parcel 1. ,.. CERTIFICATION: I hereby certify the sketch attached herewith represents a survey made under my direction and to be true and accurate to the best of my knowledge and belief, subject to easements and right-of-ways..of record and I further · .certify that said survey meets the mi~nimum Technical Standards of Rule .. 61G17%6 of the Flor.ida Admintstra~ive Code. ~eg~istered Florida Land SuP~eyor and Mapper No. 2580 O~a~te of Special Purpose Boundary Survey: May i1, GENTRY ENGINEERING & '" LAND 9'URVEYING, INC. ,,. , P.O,. BOX 243 Sheet 2 of 3 DELRAY BEACH, FLORIDA 33444 LEGAL DESCRIPTION: Parcel 2, a proposed vacated right-of-way, being a portion of N.E. 1st Court, ~Delray Beach, Florida and more particularly described as ~ollows: Beginning at the Northeast corner of Lot 28, SEESTEDT-STEVENS SUBDIVISION, a subdivision as recorded in Plat Book 18, Page 5, in the Public Records Palm Beach County, Florida and a point on the Weste~ly Right-of-way line the Intracoastal Waterway, as recorded in Plat Book 17, Page 16A, in the Public Records of Palm Beach C~unty, Florida; thence run N 90°00'00.' W, along the North line of said Lot 28 and the South Right-of-way line of N.E. 1~ Court, a distance of 23.47 feet to a point of curve; thence run Northeasterly along the arc o~ .saLd curve to the left, a distance o{ 2G.72 feet to a point on said curve, also being a point on the extended Ii'ne o~ said N.E. ls~ Court, said curve having a central angle o¥ 82°16'22", a radius of 20.00 feet, a tangent of 17.47 feet-and a ~oangen~i bearing N 7°45'58" E; thence run S 90°00'00'' E, along said extended cen~e~ line o~ N.E. ls~ Cou~, a distance of ~.00 feet to a poi.n..t.on the sai~~ Westerly Right-of-way o~ ~lne lntracoastal Right-of-way; ~hence run S 7°45'38" W, along said W~e~terly Right-of-way line a distance of 20.18 ~eet to the Point of Beginning of Parcel 2. G..ERT IF ICAT I ON: I hereby certify the sketch attached herewith represents a.survey made u~,der my direction and to be true and accurate to the best of my knowledge and belief, subject to easements and right-of-ways of record and I further certify that said survey meets the minimum Technical Standards of Rule 61G17-~ or,he Florida Adm~,nistrat~ive Code. [~st~red Florida Land 8ur~yor ~nd Mapper No. 2580 Date o~ Special Purpose Boundary Survey: May 11, 1~5 G'ENTR "'ENGi *EERI NG & LAND SURVEYING, INC. P,O. BOX 243 Sheet 3 of 3 DELRAY BEACH, FLORIDA 33444 Derek & Barbara Hanley 828, N.E. 1st. Court, Delray Beach, FL 33483 Tel: 407-278-4863 March 15 1996 Ms. Alison McGregor Harty, City Clerk, City of Delray Beach, 100 N.W. 1st Avenue, Delray beach FL 33444. Dear Ms. McGregor Harty We have been advised by Mr Harden and Sharon of your office that Mr Harden will place on the agenda of the March 19 City Commission meeting the subject of funding for the restoration of the N.E. 1st Court seawall. As we understand the intention, three alternatives will be discussed: 1) Full funding by the City, as is the case now. 2) The City to offer the homeowners on N.E. 1st Court the opportunity to become 50% funding partners with the City with the small, City right-of-way at the end of the street being abandoned to a homeowners association. 3) An application to F.I.N.D. to re-instate a grant of $8,400 with the condition that the area become a public park as described in the F.I.N.D. contract and the side agreement memo of March 29, 1994 Beatty to Harden. This is very important to us, but there are some people who have a position on this matter who will be unable to attend the meeting, or who are uncomfortable speaking in public. Unfortunately, due to a conflict on personal matter, neither of us will be able to attend. Therefore, we are enclosing copies of letters written to the City Commissioners by N.E. 1st Court homeowners plus other supporting documents, an4 that their voices can be heard. :' ~ If there is any problem with you, or the Assistant City Clerk, doing this, please call me at the above telephone number. Thank you for your help. Yours sincerely, Derek and Barbara Hanley ~. Derek & Barbara Hflnley 828, N.E. 1st. Court, Delray Beach, F Tel: 407-278-4863 Mr David Harden March 6, 1996 City Manager, City of Delray Beach, City Hall, 100 N.W. 1st Avenue, Delray Beach, FL 33444 Dear Mr Harden, R~fercnc~; N~E. 1~ Court seawall rehabilitation Following the meeting among yourself, Dan Beatty, our attorney Harvey Schneider, and us, we looked into the possibility of a homeowners' association funding 50% of the seawall. For a variety of reasons, including cost, liability and aversion to homeowners associations by some people, we concluded that this was not an option. However, we remain resolutely opposed to the creation of a public park at the end of N.E. 1st Court. The homeowners on the street want the right-of-way area to remain as it has always been, an open area, used principally as a municipal access. They do not want the quiet, peaceful environment of the street to change. The conditions of the F.I.N.D. funding require a sign, designated parking places and, in a documented side agreement with the city, installation of "park benches or picnic tables". These conditions would create a permanent and fundamental change in the nature and character of the street by attracting additional traffic and assembly of people who would, otherwise, have no business on the street, leading to increased risks of crime and other problems of litter and disorderly behavior. Mayor Lynch, an undoubtedly objective third party, has eloquently stated, twice, (on August 8, 1995 and October 10, 1995) that because of its unique community nature and its immediate proximity to Veteran's Park, N.E. 1st Court is an unsuitable street on which to install park amenities. Indeed, we believe that it would be a misapplication of F.I.N.D. funds under the legislation. Furthermore, the City's own Comprehensive Plan unequivocally states that there are no needs for additional water-dependent recreational areas, except for marinas and boat ramps, neither of which are at issue in this case. As you know, F.I.N.D. notified the City Engineer's office on December 6, 1995 that N.E. 1st Court had been taken off the list of projects funded in the 1995 contract. Funding by a homeowners' association is not a viable option. Of the three alternatives that were to be considered for discussion by the commission on March 12, only funding by the City remains current. Dan Beatty did state that there was an informal agreement by F.I.N.D. to retroactively fund the N.E. 1st Court seawall. However, we know that there are many other City projects which would, more appropriately, absorb any surplus F.I.N.D. funds. Therefore, for all these reasons, we respectfully urge you, as the person with the authority, to maintain the current status of full City funding of the N.E. 1st Court seawall and to leave the area as just an open space, as it has been since the original developer of our properties donated the right-of-way to the City in 1936. Yours sincerel~,~~,~t, //~p~"~,~ Derek and Barbara Hanley H. Schneider Esq. February 13, 1996 Alison, I was preparing to notify the interested parties on N.E. 1st Court about the seawall item on the agenda for February 20, 1996. I called Mr. Hanley to verify one of the names and addresses, and left a message on his answer machine. Shortly after, he showed up at the office, and said that there was new information as to F.I.N.D.; and that he has an appointment with Mr. Harden this Thursday the 15th on this topic, and that it might be postponed to the March 5 meeting. He said that if it goes on the February 20 agenda he will personally hand deliver the notifications. Do you want me to hold off on the notifications until the Thursday meeting? Derek & Barbara Hanley 828, N.E. 1st. Court, Delray Beach, FL 33483 (Tel: Mr David Harden Janua~ 6, 1996 City ~ana8cr, City of Dclray Beach, City Hall, 100 N.W. 1st Avenue, ~lray Beach, ~ 33ddd Dear ~r Harden, Reference: (a~ N.E. 1st Court seawall rehabilitation and (b) replacement of lifli~ station at Eastern end of N.E. 1st Coup. Thank you asain for taking ~c time to mcct wi~ Mr and ~rs Foster ~d us to understand ~d address thc problems associated with ~csc two proposed projccts. Seawall rehabilitation on N.E. 1st Court Followin~ sy call to your office yesterday, D~ Bcatty call~ mc to advise mc of your intention to raise ~e issue of funding for thc seawall on N.E. Ist Court with thc City Commission either on Janua~ 23rd., or thc Commission meeting in Fcbma~. Wc understand that you will present three funding alternatives for thc Commission to consider, as follows: 1. Thc City will fully fund ($16,800.00) thc rebuilding of thc seawall and thc municipal right-of-way will remain just a municipal open space, as it is today. 2. Thc City will fund 50% and thc homeowners on N.E. 1st Court will bc offered ~c opportunity to pay thc othcr 50% of ~c funding ($8,400.00), ~crcby, substituting for thc F.I.N.D. grant.* 3. Thc City will fund 50% and usc thc F.I.N.D. gr~t to fund ~c o~cr 50%. Undcr thc conditions of ~c F.I.N.D. contract, thc City will ~cn install and maintain a public park at thc end of thc thc street for a minimum of 25 years. As you know, ~c majo~ty of us living on N.E. 1st Cou~ arc opposed to alternative (3). If it is enacted, thc City will create a significantly adverse change in thc living environment and ~sks for ~c community of homeowners on N.E. 1st Court. A dead- end street will become a thoroughfare; people who, no, ally, would have no business on thc street will have ~ason to loiter at ~y time; our privacy will bc impinged upon; increased vehicular and pedestrian traffic will cause parking problems and pose risks to children playing on ~c street; ~d ~c ~sks of pmpc~y crimes on thc street will inc~asc considerably. Thc Dclray Police Department has advised us that crime is caused 80% by opportunity. Alternative (3) will provide such opportunities. Many homeowners living on N.E 1st Court are out at work all day and vulnerable, thcrcforc, to burgla~ ~d other felonies. Thcs~ significant changes in our living conditions ~d environment will severely deteriorate thc value of our properties, for which, wc may bc forced to claim compensation from thc City. All of this is can bc prevented. Veteran's Park and Knowlcs Park provide full and gcncrous park facilities and thc sum of money at issue is small compared with ~c damage it would cause. Therefore, wc hope that you will support alternatives (1) & (2) as ~c best options to bc considcrcd. *Thc consequences of alternative (2) as described by Dan Bcatty arc not clear. Recently, I had a conversation with thc City Attorney, Susan Ruby, to explore thc legal acceptability of a version of alternative (2) that I could propose if you could not find City money to fully fund ~c N.E. 1st Court Seawall. I request ~at you include this proposal as pan of alternative (2). Thc proposal is outlined on thc next page. (1) N.E. 1st Court Homeowners would form an Association and raise *$8,400.00 to replace the F.I.N.D. grant as a 50% contribution to rebuilding the seawall and storm drain. (2) In exchange, the City would grant to thc Association a renewable, exclusive right- to-use lease on the right-of-way that would be dedicated to the benefit of ~ Court nronertv owners and their families, for passive, recreational purposes, whether, or not, they are members of the association. (3) The City would retain ownership of the right-of-way and the easements for municipal, utilities and emergency purposes. (4) The lease would have the same 25 year term as thc F.I.N.D. contract, in exchange for the same amount of funding contribution, but passive recreational use would be limited, to all N.E. 1st Court property owners, who would have the right to enjoy passive recreation in the area, accompanied by family or friends. (~5) The Association, or, the abutting homeowners, would assume responsibility for maintaining of the landscaping as they do now, but' the City would be responsible for maintaining the new storm drain and new seawall. We understand from Mr Beatty that you will advise all N.E. 1st Court homeowners of these alternative methods of funding and the date of the City Commission meeting at which they will be discussed. Renlaeement of the liftin_~ station at the end of I~.E. 1st Court We understand from Dan Beatty that your agreement to reconsider substituting a gravity sewer for replacement of the lifting station is pending review of the contractors' bids that were due for receipt by the City by 5:00 p.m. yesterday. We hope for positive response from you on our proposal for the seawall funding and the replacement of thc lifting station, within the next few days. Yours sincerely, Derek and Barbara Hanlcy '-~ , C/ Mr & Mrs R. Busschcr C/ Susan Ruby Esq. Mr & Mrs R. Foster Mr Danvers Beatty £1T¥ DF DELRR¥ BER£H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 .4071243-7000 AIl-.~erica City MEMORANDUM FROM; ~-,~' Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item #~ City Commission Meeting, March 19, 1996 Special Event Request - S.O.S. Taste of the Grove DATE: March 14, 1996 ACTION City Commission is requested to endorse the 2nd Annual S.O.S. "Taste of the Grove" to be held on April 21st from 4:00 p.m. - 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of city streets, to provide staff support for the event, and to waive stage rental fees and any charges that may be incurred for regular staff hours, Overtime costs will be paid for by the event sponsors. BACKGROUND We have received a request from Pineapple Grove for support of this event as follows: · Street closure - N.W. 1st Street from Swinton to N.W. 1st Avenue · Use of the City stage to include staff set up · Police security · Proclamation to support the event The goal this year is to raise $25,000. All of the dollars raised through ticket sales will go to charity; 70% to the Delray Beach Child Care Center and 30% to the international Share our Strength program in support of the fight to end world hunger. Sponsorships will help to defray the costs of the event. Pineapple Grove is requesting waiver of the $1500 stage rental fee and waiver of costs for regular staff hours. They have agreed to pay overtime costs. Estimated overtime costs for police security (1 Officer @ 12 hours), stage set up, and barricade defivery is $900.00 We will remove the stage on Monday to reduce overtime costs. RECOMMENDATION Staff recommends approval of the temporary use permit, closing of the street, providing staff support as requested and waiver of the stage rental fee and waiver of any charges for regular staff hours. File:u:graham/agenda Doc.:SOSTaste THE EFFORT ALWAYS MATTERS Pr~nted o~ Recycled Paper 24 North Swimon Avenue · Delray Beach · Florida Phone (407) 279-9952 · Fax (407) 276-8558 Memorandum DATE: March 8, 1996 TO: David Harden, City Manager City of Delray Beach FROM: Arlene Raffa, Event Organizer SUBJECT: S.O.S. Taste of the Grove This memorandum constitutes our application for permit for the use of public rights-of-way and services in connection with the proposed outdoor event, co-sponsored by Pineapple Grove Main Street, Inc., as more fully set forth below: 2'a Annual S.O.S. "Taste of the.Grove" Sunday · April 21't ° 4:00 p.m. until 10:00 p.m. NW 1't Street, between Swinton Avenue & NW 1't Avenue General Overview. "SOS" is an acronym for Share our Strength, an international charitable organization of chefs and restaurateurs that raises awareness and money annually in support of the fight to end world hunger. For the first year, Delray Beach has been designated by the national offices of S.O.S. as a Taste of the Nation community; accordingly, this year's 2n~ annual event is coordinated in connection with the annual Taste of the Nation program presented by' American Express and Calphalon. The goal of Taste of the Grove is to raise $25,000. Of the amounts raised, 70% is pledged to the Delray Beach Child Care Center who will use the money to help construct their new Toddler Center. Ticket sales, sponsorships and in-kind donations are three of the ways in which we are raising funds. 100% of the $25 event ticket price must go to charity. Accordingly, all expenses of the event must be covered otherwise. Sponsors of Taste of the Grove include Office Depot, Inc.; Mouw & Associates; The Kilpatrick Co., Inc.; Davis Homes; David Eaton, P.A.; Dr. Jay Alperin; BFI; Banyan Printing; Meisner Electric; Ocean Properties; Pratt Whitney; AT&T Wireless; NationsBank; and Bell South. Description of Event. · The event will feature approximately 30 restaurants, each offering samplings of one or more dishes for tasting. Dishes will include Hors D'oeuvres, specialty dishes, salads, soups and desserts. · A national wine distributor will supply wines matched to each of the dishes offered. · We hope to attract approximately 1,000 attendees from Delray Beach and surrounding communities. · Food vendors will be located under 30' x 150' tent. Each vendor will be supplied with skirted serving tables. · Port-O-Lets (or equivalent temporary restroom and hand washing facilities) will be located at the site. · Live music will be ongoing generally throughout the event, and a public address system will be in use for announcements and the like. City Involvement. We seek the City's permits, as applicable: 1. to close NW 1st Street between Swinton Avenue and NW 1st Avenue from 7:00 a.m., Sunday for set-up through 8:30 a.m., Monday for tear-down and clean-up (Mr. Weldon's office suggested taking the stage down on Monday morning to reduce overtime costs), together with the alley running north/south between NW 1st and 2~ Streets; 2. to utilized outdoor, amplified public address and sound systems during the hours of the event; 3. for such other purposes as might be suggested by the nature of the event, including waiver or reduction of tent permit fees. We further seek the City's support by providing the following services: · barricades at both ends of NW 1st Street and at the north end of the alley described above at its intersection with NW 2~ Street; · traffic control, event and parking directional signage and one or more uniformed police officers (at DBPD's discretion); · the City's large, covered stage; · a Proclamation from the City Commission, read into the record in advance of the event, expressing the City's support for S.O.S. and the event; and · such other City services that Department Heads might suggest. As always, Pineapple Grove Main Street, Inc., and other community volunteers/organizers stand ready to do everything in their power to assist the City's efforts in connection with the event. Department Heads are encouraged to call Tom Fleming at the Main Street office (279- 9952) should any questions arise and/or should clarification be required. Thank you in advance for your thoughtful consideration and attention to the foregoing. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'? SUBJECT: AGENDA ITEM # ~ - MEETING OF MARCH 19, 1996 REQUEST FROM C.J.'S SPORTS BAR AND GRILL DATE: MARCH 15, 1996 The owners of C.J.'s Sports Bar and Grill, located at 5020 West Atlantic Avenue, are asking that the 2:00 a.m. liquor license closing requirement be extended until 5:00 a.m. Attached is a copy of Section 113.15 of the City Code regulating this matter. This is before you for consideration. Direction, at the Commission's discretion, is requested. ref:agmemo9 966I 'EZ Knmugf 'IX {GHAHaSHH} 9I'£II uo~osS tGHAHHSaH; 9I'£II uo~$osS (E-E 'osS 'sRoD 'saoq~ q$~O~ SsS smnoq sg% 6u~xnp pu~ u~sxsq psgs~Iq~ss smnoq 6ulsoIo sg% =s$~ s~g u! sB~xsAsq o~iogooI~ Au~ (5u~IISS Sou ~nq) 5u~mnsuoo pu~ BulAxas I~nPla~pu~ u~ o~ XIdd~ II~qs suo~s~Ao=d saoq~ sq~ ~o suoN 'm'~ 00:~ o$ pspus$xa sq II~qs =nog 5u~solo sq$ usqa I X=~nu~£ uo pu~ 'sA~puns uo 'm'd I0:~I o$ 'm'~ 00:~ mo=& :s=noq Bulaoiio~ sg~ 5uT~np X%To sg~ uT '~qSTs~ Xq IoqooI~ ~o (%T) ~u~o~ad suo ~Ao Bu~u~$uoo s6~xsAsq o~IoqooI~ Au~ palladiap xo '9smnsuoo 'pIos sq O~ ~mx~d xo 'x~A~I~p ao ~mnsuoo '~Ax~s 'II~s o~ uosxsd Au~ =o~ (aoisq (~) UO~S~A~p u~ psp~Ao=~ S~ In~a~Iun sq II~qs %I 'uo~$dmnsuoo pu~ sI~s ~o sanoH (~) SHD~fHHAH~ DI~OHOD~ &O '~'I~DS Ol LON 3~IV S/Nl~d100-1 ONI(T~I~8 :~ '14 'HDV38 ~,V~'13O 30 Al. lO 01"'11~ A,-IO~ ~H/ .LN3gU.~Vd3OONINNVqd - any - ~ -I-II~lO ~ ~lV8 S/~lOd~s,'?'g N Memorandum To: David Harden, City Manager From: Lain C. Butler, Director, Community Improvement Date: March 15, 1996 Subject: Request to Satisfy Liens, 123 NW 10th Avenue, Lot 4, Block A. West Side Heights ITEM BEFORE THE COMMISSION: Consideration of a request from Attorney, David Schmidt to satisfy the City's nuisance abatement liens at $500.00 for the above reference property. The total amount of the lien plus accrued interest is $1,536.89. BACKGROUND: The City through its Code Enforcement Division, abated nuisances of overgrowth and trash removal multiple times between 1989 and 1992 to this property. The City filed ten (10) separate nuisance liens pursuant to the authority granted under appropriate ordinances. The City expended $513.00 for vendor services, the interest accrued to date is $358.37 with the balance in administrative and recording fees. City Commission has considered such request in the past with the preference of recovering all of the city's actual out of pocket cost. Attorney Schmidt has not provided a specific reason this request. RECOMMENDATION: Staff is recommending City Commission consider the cost of vendor services plus all recording fees expended at a minimum. Total amount of City dollars expended is $539.50. Date: March 15, 1996 Agenda Item No. AGENDA REOUEST Agenda request to be placed on: X Regular __ Special __ Workshop __ Consent When: March 19, 1996 Description of Agenda Item: Request to Satisfy Liens - 123 NW 10th Avenue - West Side Heights in the amount of $1,536.89. Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Commision Action Department Head Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Altematives: (if applicable) Account # & Description: Account Balance: City Manager Review: Approved for agenda: & No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 £1T¥ OF DELRII¥ BEflgH CITY ATTORNEY'S OFFICE W~mr's D~ect L~e: (~) 243-7~ Ali.America Ci~ 1993 TO: Ci~ Co~ission FROM: David N. Tolces, Assistant City AUome~~ SUBJECT: Request to Satis~ Liem, 123 NW 1~ Avenue ~t 4. Block A. West Side Heights The Ci~ AUomey's Office received ~e a~ched request ~om auomey, David Sc~dt, to satis~ ~e City's nuis~ce abatement liens which exist on ~e above-referenced prope~. Ernest S~on filed a foreclosure suit aga~t Strag~ Ente~rises of Delray Beach, Inc., owner of ~e property. The Ci~ is a ~ed defendant due to ~e lie~ ~e City placed on ~e pro~. At ~is t~e, ~e to~l pay out for all lie~ including ~terest is $1,536.89; however, o~y $1,268.63 represents lie~ on ~e property at the t~e ~e suit was filed. The Co~ssion passed ~e resolutions assessing the nuisance abatement costs. Therefore, · e Co~ission is ~e proper au~ori~ to author~e acceptance of Mr. Sc~idt's offer of $5~.~ if it so desires. Please call if you have any questions. DNT/jlk cc: David Harden, City Manager Alison Harty, City Clerk Simonmem.dnt Pr~nte(t on Recycled Paper SIMON AND SCH1KIDT ATTORNEYS AT LAW I~, O, BOX 2020 IOO NORTHEAST FI!~TH AVENUE DI~LRAY B~ACH, FLORIDA. 334813 ERNEST G. SIMON TELEPHONE (407) 278-2001 WEST PALM BEACH DAVID W. SCHMIDT FAX (407) 265-0280 737-8222 March 7, 1996 David N. Tolces, Esquire Office of the City Attorney 200 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Simon v. Stragb~, et al. Case No. CL 93-5539 AN My File No. 101.81-S.8 Dear Mr. Tolces: Our office is representing Ernest G. Simon, the plaintiff in this mortgage foreclosure action. The City has been named as defendant due to several nuisance abatement liens filed against the property. The liens filed prior to the instigation of this suit total $1,268.63, and the liens filed after the Notice of Lis Pendens total $268.26. My client is prepared to pay $500.00 to the City in full and complete satisfaction of these liens. It is my understanding that you will convey this settlement offer to the City Commission on the next available agenda. Should you have any questions, please contact me. Sincerely yours, David W. Schmidt TO: ~, .VID T. HA~N, CITY MANAGER FROM: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MARCH 19, 1996 INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY REGARDING DELRAY OAKS The action requested of the City Commission is approval of an interlocal agreement with Palm Beach County regarding the acquisition and management of the Delray Oaks site. The attached agreement between the City of Delray Beach and Palm Beach County outlines the responsibilities of each entity as it relates to the acquisition and management of the Delray Oaks natural area. The County has purchased the site, and is seeking reimbursement from the Florida Communities Trust for the state's portion of the acquisition costs. A condition of that reimbursement is the execution of this interlocal agreement. The agreement provides that the County is to manage the property with assistance by the City. The site is to be preserved in its natural state, open to the public as a passive outdoor recreation area. The County will plan, pay for and maintain physical improvements such as parking, foot trails, information kiosk, signage, and fencing. Management of the natural features, which will include the removal of invasive vegetation, monitoring of plant and animal species, and periodic controlled burning will be the responsibility of both the City and County, and will be detailed in a separate management plan. The City is to provide security for the site (including routine patrols), regular trash pick-up, mowing of perimeter areas, and daily opening and closing of gates (if any). The City Attorney's Office has recommended certain changes to paragraph 26 of the City Commission Documentation - Meeting of 3/19/96 Interlocal Agreement - Delray Oaks Page ?. agreement regarding the prevention of damage and vandalism (see attached revision). A revised agreement will be available at the meeting. o By motion, approve the interlocal agreement between the City of Delray Beach and Palm Beach County for the acquisition of the Delray Oaks Ecosite and its management as a natural area. Attachments: · Proposed Interlocal Agreement · Memorandum from Brian Shutt to David Harden re: Paragraph 26 · Revised Language for Paragraph 26 [lTV I:IF I:IELRflV BEFII:H Writ~'s Dir~a Line: (407) 243-709! CITY ATTORNEY'S OFFICE ' "?F,*\CSII II(.ENW l. st 4(i7/278-4755AV}~NUE' DEI.RAY BEACH, FLORIDA 33444 P ~LRoAY~ B~AoCH~ MEMORANDUM Ft b- L, ~ I V E D lll.lmericaCity DATE: March 13, 1996 ~f~ I 4 I996 TO: David Harden, City Manager ~ 993 FROM: Brian Shutt, Assistant City Attorney SUBJECT: Interlocal Agreement between the City and County on Delray Oaks Site John Walker has furnished our office with a revised draft of the proposed Interlocal Agreement between the County and the City concerning the acquisition of the Delray Oaks site. The County addressed the concerns that our office previously expressed and reworded paragraph 26 of the proposed Interlocal Agreement. Please call if you have any questions. cc: John Walker, Project Coordinator Printed on Recycled Paper INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND PALM BEACH COUNTY FOR THE ACQUISITION OF THE DELRAY OAKS ECOSITE AND ITS MANAGEMENT AS .~ NATURAL AREA THIS AGREEMENT, made and entered into on this day of ,1996, by and between the City of Delray Beach, hereinafter referred to as the "City", and Palm Beach County, Florida, hereinafter referred to as the "County", a political subdivision of the State of Florida. WITNESSETH: WHEREAS, on March 12, 1991, the voters of Palm Beach County approved a $100 million bond referendum for the acquisition of environmentally sensitive lands; and WHEREAS, the Delray Oaks site (Ecosite 67 ) in Delray Beach was designated as one of the high- priority sites to be acquired with funds from this bond referendum; and WHEREAS, both the City and the County have deemed that it is in the best interest of the residents and citizens of Palm Beach County and the City of Delray Beach to acquire the Delray Oaks property in order to preserve the site in its natural state for future generations as an intact native Florida ecosystem; and WHEREAS, the Board of County Commissioners and the City of Delray Beach have submitted a partnership grant application to the Florida Communities Trust (FCT) for state matching funds to acquire the Delray Oaks site; and WHEREAS, the County and the City, as the FCT Recipients, have signed a Conceptual Approval Agreement with FCT for the receipt of these funds; and WHEREAS, the County has purchased the Delray Oaks site, now known as the Delray Oaks Natural Area, and wishes to be reimbursed by FCT for the state's portion of the acquisition costs; and WHEREAS, the Conceptual Approval Agreement requires that the parties of the partnership application enter into an interlocal agreement which sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Ecosite and that the interlocal agreement be made a part of the project plan; and WHEREAS, the execution of this agreement is in the best interest of both governmental units and the residents and citizens of same. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and restrictions set forth ii herein, the parties to this agreement agree as follows: ARTICLE I - IN GENERAL 1. The County and City agree that the County has acquired and will manage certain real property located within the corporate limits of the City of Delray Beach, Florida, known as the "Delray Oaks Natural Area", which real property is more particularly described in Exhibit A attached hereto and made a part hereof. 2. The management of the property by the County, with assistance from the City, shall serve to preserve the biological community on the property in its natural state as an example of a high quality oak/cabbage palm hammock ecosystem in Palm Beach County. It is the intent of the parties that the Delray Oaks Natural Area shall be managed solely as a nature preserve, to provide certain scientific and educational benefits and to provide passive recreational opportunities for residents and citizens of the City and the County. The property shall be kept in its natural state, such that present and future generations will be able to experience the natural values currently exhibited on the property, acts of God or other events beyond the control of the City and the County notwithstanding. 3. The parties hereto agree to review their respective zoning ordinances and comprehensive plans and to take steps to designate this property appropriately in the future under their comprehensive land use plans and zoning ordinances, given its intended use as a natural area. The future land use designation assigned to the Natural Area shall be for conservation. If an amendment to the City's and/or County's comprehensive land use plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available. 4. The Natural Area shall be managed only for the conservation, protection and enhancement of natural and historical resources and for passive, natural resource-based public outdoor recreation that is compatible with the conservation, protection and enhancement of the Natural Area. The parties may make and maintain physical improvements to the properly such as fencing, a parking area and foot trails, only as "I appropriate for passive resource-based uses. 1 5. The Natural Area shall be open to the public. The locations of public access points and any restrictions on access will be described in the management plan. 6. The parties shall use their best efforts, through their agents and employees, to prevent the unauthorized use of the Natural Area or any use not compatible with the management of the site as a natural area or nature preserve. 7. In the acquisition, management, and maintenance of the subject property, each party shall be liable for its own actions and negligence. 8. The title to the property shall be held by the County. 9. This Interlocal Agreement shall be recorded in the Public Records of Palm Beach County, Florida, in accordance with applicable law. 10. This Agreement shall be deemed to be the sole agreement between the parties, and no prior agreements or other writings shall supersede that which is contained in this Inteflocal Agreement. 11. For the purposes of this Interlocal Agreement, notices to the other party shall be deemed sufficient when addressed to the following address and deposited in the United States Mail: a. City of Delray Beach Office of the City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 b. Palm Beach County Department of Environmental Resources Management 3323 Belvedere Road, Bldg. 502 West Palm Beach, FL 33406 '12. This Agreement shall be rendered null and void if not executed by all parties hereto on or before June 10, 1996. ARTICLE II - JOINT RESPONSIBILITIES 13. The County, in cooperation with the City, shall manage the Natural Area for habitat preservation and passive recreation, keeping the property in its natural state except for the maintenance of fences, firebreaks and foot trails and other management activities appropriate for a nature preserve. Management activities will initially consist of removal of trash and invasive vegetation from the site. Long-term management of this site will require controlling invasive vegetation, monitoring listed plant and animal species, and prescribed burning. Subject to annual appropriations by the County's Board of County Commissioners and the City of Delray Beach, personnel time and expertise for on-going, site-specific management of this site will be provided by both parties. A detailed division of responsibilities for the management of this site will be provided in the management plan. The parties shall apply for any funds available from the State for management purposes, and will minimize management costs through the involvement of volunteers. 14. The parties shall prepare, separately or jointly, brochures and other educational material describing the natural resources, uses, and joint management of the property. Any material prepared by one party shall be submitted to the other party for its prior review and approval. Approval shall not be unreasonably withheld. The cost of any jointly-prepared materials shall be shared equally by the parties, and the costs of any material prepared individually shall be solely that party's responsibility. Both parties shall encourage students and residents to use the natural area for educational and passive recreational purposes. 15. The Natural Area will be identified as being publicly owned and operated as a passive, natural , resource-based public outdoor recreational site in all signs, literature and advertising. 16. The parties agree that the County will erect a sign or monument identifying the Natural Area as being open to the public, as having been purchased with funds from FCT and the County, and as being managed by the County, with the cooperation of the City. ARTICLE III - RESPONSIBILITIES OF THE COUNTY 17. The County agrees to comply with all requirements of FCT for provision to the County of the State's share of fifty percent (50%) of the acquisition costs. 18. The County agrees to plan and, subject to FCT approval and a budget approved by the Board of County Commissioners, to pay for physical improvements to the site that would encourage public use of the site as a nature preserve. These facilities may include, but not be limited to, walking and interpretive 2 trails, an educational display (kiosk), and parking facilities. The City and County shall use their best efforts ;~ to plan and construct these facilities, taking Into consideration primarily the sensitivity and needs of the II biological community and secondarily the intended research, educational and recreational uses of the ;J properly. .~ , 19. The Counly agrees to secure the Natural Area with fencing, gates and s gnage to discourage i unauthorized activities such as dumping of trash and off-road vehicle usage, while permitting public access ! to the Natural Area for scientific research, environmental education, and passive recreational activities The I ' · I County will be responsible for upkeep of the fences, gates, kiosk, parking area, and signs. 20. The County will develop a management plan and a controlled burn plan for the Natural Area, In consultation with the City. The management plan will be subject to the approval of FCT. 21. The management plan will conlaln a mechanism for the City and the County lo determine jointly II the future of the natural should unforeseen events or activities, either natural or man-made, preserve, eny il severely limit or eliminate the natural values presently on the property. I 22. The County, In coordination with the City, will prepare and submit to FCT an annual report to FCT as required in the Conceptual Approval Agreement. ~; I 23. Management of all natural areas acquired by the County will be coordinated on a countywide i basis to protect ecosystems and populations of listed species throughout the County. i 24. The County agrees !o identity a County employee as a contact person to interact with the City in planning for and managing the Natural Area. 25. The County agrees to idenlity a County employee as the public contact person to coordinate group usage and research on Ihe Natural Area and to answer public inquiries about the site. · , ARTICLE IV - RESPONSIBILITIES OF THE CITY 26. TI~ City agrees to assume primary responsibility for public safety and law enforcement at the ! ! / ~;.. ~ · , , Nalural Are~, ' ' me-patfots-of-the-beundanee-and-lhe-preverfllen-e~vandallsm, vehicular ' trespass, dumping, and damage Io property and natural resources. ~.-.~, _ -- 27. The (~ity agrees to provide Iong-lerm maintenance of Ihe site, including weekly garbage pick-up, police services, and regular mowing of perimeter firebreaks. The City will assume responsibility for the daily opening and closing of any gates providing public access to the sile. This responsibility may be delegated to a local resident or stewardship group if approved by both the County and the City. 28. The City agrees to assist the County in the long-term management of the site, including removal of exotic vegetalion, removal of trash and debris collected during volunteer activllies, periodic prescribed burns, and other activities. 29. The Cily agrees that ils review of any proposed changes and uses of, or activities on, real property immediately adjacent to the Natural Area shall be reviewed to ensure the protection of the blotogical community on the preserve and to avoid adverse Impact on the species present. 30. The City agrees !o identify a City employee as the contact person to interact with the County in planning for and managing the Natural Area. 31. The City will encourage students and residents Io use the site for educational and recreational purposes. WHEREFORE, Ihe parties hereto have set Iheir hands and seals on the day set forth next to their signatures. A'I-rEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Dorothy H. Wilken, Clerk BY: BY: Deputy Clerk Chair DATE: DATE: ~ 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Assistant County Attorney = DATE. .,-, ATTEST: CITY Of DELRAY BEACH. FLORIDA. BY ITS COUNCIL BY: BY: Clerk Mayor DATE: DATE: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: City Attorney DATE: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ff~ SUBJECT: AGENDA ITEM ~ /ti' - MEETING OF MARCH 19. 1996 AFTER SCHOOL PROGRAM FEE STRUCTURE DATE: MARCH 15, 1996 Attached is a proposal from the Parks and Recreation Department which sets forth two options for a fee structure for the After School Program. A condition of our grant award from the Childrens' Services Council is that we must implement a fee structure during the current contract year. I recommend that the Commission approve a flat fee of $15.00 per month for all participants (Option II). ref:agmemol5 MEMORANDUM TO: David T. Harden, City Manager THRU: Joe Weldon, Director Parks and Recreation Dept. FROM: J. Dragon, Assistant Director Parks and Recreation Dept. DATE: March 15, 1996 SUBJECT: After-School Program Fee Structure Attached please find a summary of program costs and optional fees for our after-school program. The Children's' Services Council is requiring as a condition of award for a grant from that agency, that a fee structure must be implemented during the current contract year which ends on September 30. Therefore, we must implement a fee structure for the next school year beginning on August 21, 1996. An agenda item has been prepared to place this issue on the agenda for City Commission meeting of Tuesday, March 19, 1996. J. ~a~oh,- ~fi]~ista~tt Director Parks and ~,Jcreation Dept. CITY OF DELRAY BEACH PARKS AND RECREATION DEPARTMENT 1996-97 AFTER-SCHOOL PROGRAM FUNDING 1994-95 1995-96 PROPOSED 96/97 PROGRAM BUDGET $261,715. $200,233. $264,000. CSC FUNDS $159,505. $98,303. $101,252. CITY FUNDS $99,210. $101,930. $101,930. PROGRAM FEES: 0.00 0.00 $57,024 APPLICATION FEES $3,000. $2,500. $4,000. PARTICIPANTS: 400 300 400 PROPOSED FEE STRUCTURE: OPTION I: A three-level fee structure, using the family-size and income guidelines of the School District's free and reduced lunch program, except that participation in the after-school program is not free for any child. Level 1: $3.00 per week for 36 weeks, or $10.80 per month. (290 children) Level 2: $5.00 per week for 36 weeks, or $18.00 per month. (28 children) Level 3: $7.00 per week for 36 weeks, or $25.20 per month. (82 children) OPTION II: A flat rate fee for all participants of $15.00 per month. Fees should be paid monthly or even semi-annually to avoid extensive recordkeeping and collection efforts. The application fee is $10., but less for additional family members and is non-refundable. The funds generated by the three-level fee structure was based on the percentage of children currently enrolled in the program and what lunch category they are in per the following summary: 325 total registrations 258 on free or reduced lunch 235 receive free lunch- 72% of registrations 23 pay a reduced fee for lunch - 7% of registrations 68 pay full fee for lunch - 21% of registrations There are currently 116 children on the waitlist. These rates compare with the rate currently paid by children attending after-school programs at the four elementary schools in Delray Beach as follows: $1.40 per hour with a minimum of 2 hours per day, or $14. per week/S56, monthly 3 hours per day, or $21. per week/S84, monthly 4 hours per day, or $28. per week/$112, monthly Most if not all our participants are in the program 3 to 4 hours daily: furthermore, if a need can be documented we will transport the children home. Presently approximately 60 children are bused home at the end of the program day at 6PM Agenda Item No.: ~u AGENDA REQUEST Date: March 15, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: March 19, 1996 Description of agenda item (who, what, where, how much): Request approval of proposed fee structure for 1996-1997 after school proKram funding from Children's Services Council, ORDINANCE/ RESOLUTION REQUIRED: YES~NO) Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: _ _ Determination of Consistency wit Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds }: Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda ~E~S~/ NO Agenda Coordinator Review Received: Action: Approved/Disapproved (:lTV DF DELRII¥ BEI:I£H CITY ATTORNEY'S OFFICE]~,~[~~'~' ~'*~ ~ ,.~?~,~.~.~"~'~' ~'¥ ~^~"' ~o~ ~ W~ter's Direct L~e: (~7) 243-7~ DELRAY BEACH lll.lme~ca City ~MO~~ 1993 TO: Ci~ Co~ission FROM: David N. Tolces, Assismt Ci~ Attome~ SUBJECT: Charlie Brown, Jr. v. City of Delray Beach Dem~d for Jud~ent The City Attorney's Office received a demand for judgment from Mr. Brown's attorney. The demand is for $100,000.00. Under State Law, the City has 30 days to either accept of deny the demand or make a counter-offer. In December of last year, Mr. Brown's attorney filed a similar demand for $375,000.00. The City Commission refused to accept the demand at its December 12, 1995 meeting. This case is scheduled to go to trial in June of this year. At this time the City Attorney would recommend that the Commission also reject this demand. Please call if you have any questions. DNT/jlk cc: David Harden City Manager Alison Harty, City Clerk brown-4.dnt Pru~ted on Recycled Paper ¢' ~ ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~'~-- ' - MEETING OF MARCH 19~ 1996 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD DATE: MARCH 14, 1996 James "Buck" Miller has submitted his resignation from the Historic Preservation Board, creating a vacancy for a member to fill his unexpired term ending August 31, 1996. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. Candidates should have knowledge, experience, judgment and background, and/or personal or professional interest or experience, in historic restoration and preservation. They will have the ability and desire to act in the public interest and represent, insofar as possible, the various personal and professional interests required to make informed and equitable decisions concerning the preservation, conservation and protection of historic districts and structures. Applications have been received from the following: Bonnie Ansbacher Ronald Brito (currently serving on Board of Construction Appeals) David I. Cohen Frank Comisso Anthony Damiano Betty Diggans Joe Farkas John L. Frysinger Louis G. Glesmann III Susan H. Hurlburt Gail-Lee McDermott Thuy T. Shutt Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The appointment will be made by Mayor Lynch (Seat #5). Recommend appointment of a member to the Historic Preservation Board to fill an unexpired term ending August 31, 1996. ref:agmemol PLAN~N~ & CITY OF DELRAY BEACH BOARD MEMBER APPLICATION HOME ADDRESS (Street, City, Zip Code) (LEGAL/~SIDE PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) Ho~ PUONE 2'7 ~-© 2~o&'-~ BUSINES~ ~'HONE LIST ALL CITY BOARDS ON WI~ICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) LIST AN~ RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES ~ICH YOU HOLD DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE Wl/IC_H QUALIFY YOU TO SERVE ON THIS BOARD I HE.BY CERTI~ ~T ~L ~E ~OVE STAT~NTS ~ TRUE, ~ I AGUE ~D ~ERST~ ~T ~ MISSTAT~ OF ~TERI~ FACTS CONTAIN~ IN ~IS ~PLICA- TION ~Y CAUSE FO~EI~E UPON ~ P~T OF ~ ~POI~NT I ~Y ~CEIVE. ~-- 5IGNA~ / DATE SUSAN HILARIE ~URLBURT 1230 Vista Del Mar Drive Delray Beach, Florida 33483 (407) 278-0265 Personal: Married with two children - Nils Christian Anderson, age 14, and Whitney Wells Hurlburt, age 7 Education: Atlantic High School Delray Beach, FL Graduated 1972 Sante Fe Community College Gainesville, FL A.A. Degree Florida Atlantic University Boca Raton, FL B.A. Degree Art History - major Art Education - minor Work Experience: Burdines Department Store, Town Center Boca Raton, FL 1979 - 1981 Assistant Display Manager Duties included design, preparation and set up of all fashion displays. Assisted in home furnishing, housewares, gift and domestic displays. Coordination, preparation and set up of all holiday displays. Assisted with special events, and traveled to various locations to set up new stores. Law Offices of Robert Eisen, Esq. 4700 N.W. 2nd Avenue, Boca Raton, F1 Secretary to Mr. Eisen 1981 - 1983 Duties included assorted clerical duties, coordination of legal library and client files along with occasional research. Designed legal presentations that needed visual aids. Coffee Inc. 4710 N.W. 2nd Avenue, Boca Raton, FL Administrative Assistant 1983 - 1991 Duties included management of office and coordination of schedules. Supervision of overseas properties, bank accounts and various activities. Museum of Art, Ft. Lauderdale One East Las Olas Blvd., Ft. Lauderdale, FL Public Relations Assistant 1991 - 1993 Duties included writing press releases and copy for various publications, mailings, along with coordinating newsletter. Assisted in press conferences, interviews and liaison with press along with publishing Events and Admissions Brochure. Organizations: Member of Delray Beach Historical Society Member of Old School Square Cultural Center Member of Morikami Museum Activities: Golf, tennis, photography, painting and enjoying the beach References and letters of recommendations available upon request MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~Jl SUBJECT: AGENDA ITEM ~ ~'~' - MEETING OF MARCH 19. 1996 ~PPOINTMENTS TO THE AFFORDA~ HOU$IN~ ~DVISORY COMMITTEE AND ADOPTION OF APPOINTING RESOLUTION NO. 28-96 DATE: MARCH 15, 1996 The terms for Wanda Gadson (banking/mortgage industry representative), Judith Colvard (real estate professional), Anne Gannon and Arthur Fleming (citizens-at-large) will expire on March 31, 1996. They are not eligible for reappointment since each has served two successive terms. The Affordable Housing Advisory Committee meets on a bi-monthly basis for the purpose of developing strategies to provide housing to meet a wide range of economic abilities. The term is for two years, beginning April 1, 1996, and ending March 31, 1998. Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The appointments will be made as follows: (1) Commissioner Randolph (banking/mortgage industry representative) Joseph Farkas Leslie Horenburger (2) Mayor Lynch (real estate professional) Edward Aptaker Lloyd Hasner Thomas G. Hinners (3) Commissioner Smith (citizen-at-large) NOTE: Commissioner Smith has asked that her appointment be postponed to April 2, 1996 (4) Commissioner Alperin (citizen-at-large) Barbara Brown David Cohen Herbert Freese Sylvia Gilbert Sherry Johnson The appointments are formalized by resolution. Therefore, staff recommends appointment of four members to the Affordable Housing Advisory Committee as outlined above. Once the appointments are made, formal adoption of Resolution No. 28-96 is requested. agmemo.doc RESOLUTION NO. 28-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, APPOINTING MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO STATE LAW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida, under specific authority established by State Statute, has established the State Housing Initiative Partnership (SHIP) Program, which requires the City to establish an Affordable Housing Advisory Committee; and WHEREAS, the Affordable Housing Advisory Committee was established pursuant to Ordinance No. 2-93, passed and adopted on second and final reading by the City Commission on February 23, 1993; and WHEREAS, the Affordable Housing Advisory Committee membership was established by Resolution No. 17-93 and Resolution No. 29-93, passed and adopted by the City Commission on March 10, 1993 and March 23, 1993 respectively; and WHEREAS, four of the nine membership positions on the Affordable Housing Advisory Committee will become vacant on March 31, 1996, due to the expiration of terms; and WHEREAS, the City Commission desires to appoint members to the Affordable Housing Advisory Committee to fill the vacancies created by the expiration of these terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ~ That the following members of the Affordable Housing Advisory Committee are hereby appointed by the City Commission to terms commencing on April 1, 1996, and ending on March 31, 1998: Leslie Horenburger , a citizen who is actively engaged in the banking/mortgage industry; Lloyd Hasner , a citizen who is a real estate professional; and Barbara Brown , a citizen-at-large. Section 2. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 19th day of March, 1996. ATTEST: - 2 - Res. No. 28-96 Ma~-.-11-96 01:22P MIG Companies 407 832 1622 P.02 ~usl~Ess ~SS (S~r.~, City, [~ Coda) ~/~ ~0 ON ~T IOA~$ ~E YOU XNTEREST~ IN SERVINC OIV[ ~09~ PR~$E~, O~ ~05T R~C~NT E~LOYER, ~ ~OSITION , . ~ . U~ERST~ THAT ~ NISSTAT~NT OF ~TERI~ FACTS CONTAINED IN ~I~l~"/~v~, / TION ~Y CAUS~ FORF~I~R~ UPON ~ P~T OF ~ ~PO2~ I Mar-Il-96 01:22P MIG Companies 407 832 1622 P.03 LESLIE B. HORENBURGER 610 North Swinton Avenue Delray Beach, Florida 33444 EDUCATIONAL BACKGROUND 1971 Spalding Univeraity B.A. - Mathematics Graduated Cum Laude EMPLOYMENT HISTORY 1988- MI{; Realty Advisora, Is=., West Palm Beach, Florida Present Asset Manager Currently manage a portfolio of 10 commercial loans with a value value of $43.5M. Monitor loan servicing and compliance. All properties located outside the state of Florida. Provided underwriting for a $24.2M loan for a 26 story office building in Michigan and at present supervise the loan draw process. Responsible for the asset management, including review of financial performance, of eleven self-storage facilities (over 7,500 units) located nationally. Portfolio valued at $30M. Prior to a change in assignment to redistribute work loads in March 1994, I was responsible for supervision of on-site property management for approximately 650,000 square feet of retail space (four strip centers and two outlet malls) located in Florida, Georgia and Michigan, and an 84,000 square foot retail/office building in Orlando, Florida. 1987- Condoveet, Inc., Miami Beach, Florida 1988 Senior Property Manager Responsible for supervision of property management of a ninety- unit condominium, a thirty-unit apartment complex and a 100,000 square foot shopping center. Drafted and submitted all reports as required by the Federal Asset Disposition Association (FADA) which held two of the properties. ~a~-11-96 O1:22P MIG Compan4es 407 832 1622 P.04 1985- Sun OP Management, Inc., Boynton Beach, Florida 1987 Property Manager Managed foreclosed property for insolvent aavings and loan. Took over management of over 500,000 square feet of shopping centers located throughout the state of Florida. 1984- Lever's International Tennis Resort, Delray Beach, Florida 1985 Brentwood Properties Inc., Boca Raton, Florida Leasing Agent Acted as a leasing agent for both seasonal and long-term rental of condominiums and apartments. 1983- Boca Pointe Country Club (P.M.A. Realty), Boca Raton, Florida 1984 Sales Associate Staff sales associate representing eleven builders offering a wide variety of residential products in a country club community of over 1,000 acres. Responsible for over $1,500,000 in sales. 1982- Chiaftan Management, Inc., Delray Beach, Florida 1983 General Manager Organized management company to supervise the operation of the Delray Harbor Club, · fifty-unit, investor owned, luxury rental condominiums. 1981- Knight Enterprises, Inc., Boca Raton, Florida 1982 Leasing Agent Leasing agent for office complex of over 148,000 square feet. Responsible for leasing office space in newly completed building. 1979- Pacific Heritage Corporation, Denver, Colorado 1980 Purchasing Agent Responsible for purchase of supplemental construction materials for 165-unit condominium project. mar-il-~= UI:~ZH MIG Companies 407 832 1622 , P.O5, 1977- Ar=hdea~on, Ltd., Aspen, Colorado 1978 Office Manager/Bookkeeper Duties included bookkeeping and office management for a general contractor; ordered materials for various job sites and acted as liaison between subcontractors, suppliers and job site superintendents. 1975- General Development Corporation, Miami, Florida 1977 Merchandising Manager Coordinated installation of new model home decor with professional decorator and architect. Set up decor and appliance selections for prospective purchasers. Supervised the rehabilitation/remodeling of four sales offices located in various GDC communities throughout Florida. Developed the mechanics for and implemented a national "fly down" inspection program for lot purchasers. 1972- Leadership Housing, Inc., Tamarac, Florida 1975 Merchandising Manager Responsibilities similar to those at General Development, but all new home communities were located in south Florida. LICENSES. ACCREDITATIONS AND CERTIFICATIONS Licensed Real Estate Broker (Florida) CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME Lloyd Hasner 2717 $. Clearbrook Circle- Delrav Beach. FI. 3~445 HOM~ ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) I S.E. 4th Avenue-#211- Delra~ Beach, F1.33483 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE407-272-4621 BUSINESS PHONE 407-272-1~07 ON WHAT BOARDS ARE Y0U INTERESTED'IN SERVING Affordable Housinq Advisory Committee LIST ALL CITY BOARDS ON WHICH YOU ARE CUP. RENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None 'EDUCATIONAL QUALIFICATIONS B.S. University, of Florida M.A. Brooklyn College-Brooklyn, N.Y. (See Resume Attached) LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Licensed Real Estate Broker, GRI & CRS designations GIVE YOUR'PRESENT, OR MOST RECENT F~MPLOYER, AND POSITION Hasner Realty Corporation, President DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS ~0AAD (Resume Attac~ed%- I have been active in real ~stake mhd building in Palm Beach County for the past 26 years and served on numerous boards. I have been Chairman of Palm Beach County PLEASE ! HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND ! AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON HY PART OF ANY APPOINTMENT I MAY RECEIVE. i S I ~NATURE DATE 4/90 LLOYD HASNER * Member. C!tizen., Task Force. Palm County · Member, Treasure Coast Regional Planning · Project/Sales Manager. Rossmoor Lakes Counoil (Gubernatorial Appointment) Indian · Coordinates with Local, County and State Rlver, St, Lucia, Martin & Palm Beach counties Governmental Authorities for compliance wlth al! · Bo·rd of Directors, Northern Palm Beach miss and ·odes from start to oomplaflon of' all Chamber of Commerce projects, · President, North Palm Beach Little League - · Production Development - All Pro)acts. ' 1980, 1981, 1982 · Community Mer~..handi$1ng - All Communities. · Fund Raising Boy Scouts of America PROFF~$1ONAL QUALIFICATIONS INDUSTRY INVOLVEMENT GOLD COAST BUILDERS ASSOCIATION · Actlvtly Involved in building, development and · Palm Beach County Builder of the Year - 1984 real eltate for 30 years · Elmer Hendrick Citizen of the Year Award - 1982 , Former President of leading Palm Blach County · President - 1981 home bulldir~g OOmpany engaged tn product;on of · Board of Directors - 1976-Present Ilngle.femily homes, multi-family, office · Officer Political Action Committee buildings, shopping oenters, land development · Chairman Governmental Affairs. 19S3 end general real estate · Chairman Nominating Commillee · Broker M#mb~r, Northnrn Palm Beech County Iloard of Realtors FLORIDA HOME BUII.IJEIL~i A.~L~;()(;IAI · Polltloal Affairs Chairman - 1980, t981 * Pra~Ident - 1988 · Liaison to Area Boards - t981 · Vice President - 1987 · Chairman Realtor - Attorney Committee. t985 · Treasurer - 1986 · Adjunct Professor of Real Estate, University of · Secretary. 1985 Florida · Board of Directors. 1979-Present · Salesman end Broker Instructor, Palm Beach · Chairman, Governmental Affairs County Junior College · Area Vice Chairman Political Action Commiflee. · let Lieutenant, Unlted States air Force - 1962- t982 1965, Air Force Commendation Medal · Chairman Local Presidents Council - 1981 · Member, Interstate Banking Technical ClVlClCOMMUNI'I~ INVOLVEMENT Committee · Member Judlclel N0mlnatlng Commission - NATIONAL ASSOCIATION OF HOME BUILDERS lath Circuit . · Board Of Directors - 1979-Present - Member CoLIrttywlde Planning Council- Palm · National Representative Area V. 1989 Beach County · ViM Chairman. National & State Local · Chairman Housing Finance Authority of Palm Presidents Council Beech County · Infrastructure Committee · Past Chairman & Board of Directors, Better · Life Spike Buslnell Bureau of Palm Beach, Martin & St. Lucia Counties EDUCATION · Member. Economic council of Palm Beach County · Member, Loan oommlttae Flnanoial Security · rteChelur ofAdlh l, Jney~ralty of Mllmli. Miami. Florida Savings & Loan Aesoolatlon · Master's Degree, Brooklyn College. Brool.,lyn. · Vloe chairman, Board of Director~, Flnanclal Secudty Savings & Loan Assoclatlon New York · Member. Construction Loan Commiltee first · Post Graduate. University of Miami. Miami. Amerlc~n Bank Florida · Member, Regional Advisory Council to the State · Graduate. Realtors Institute Comprehensive Planning Commlsston · ORS Designation. Realtors National Marketing · Chairman, North Palm Beach Median In,tituS· Beautification Commlffee for U.S. Highway One CORPORATION March 11, 1996 Ms. Anita Barba City Clerk's Office Room #207 City Hall Delray Beach, Fl. 33444 Re: Delray Beach Affordable Housing Advisory Committee To Whom It May Concern= Please find enclosed my application and resume for a position on the Affordable Housing Advisory Committee. My office has been in Delray Beach for approximately 4 years and I have recently moved my residence to Delray (October 1995). I am extremely impressed with the progressive actions that are being taken to make Delray one of the best places to live and work in Florida and would be very interested in participating and sharing my experiences with the community to ensure a continued positive, well managed growth. If you have any questions please feel free to call. Sincerely, Lloyd Hasher encl. Licensed Real Estate Broker I SE 4th Ave., Suite 212, Delray Beach, FL 33483-5256 · (407) 272-1207 Fax (407) 272-0117 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME Barbara D. Brown 718 Chatelaine Blvd. E. D~lr~v R~h ]~. ~AA5 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) Banyan Creek Elementary 42A3 ~bal T.~ Wn.d r~l~y P~=~h ~ ~qnn5 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) 07- q3q - j HOME PHONE 498-5614 BUSINESS PHONE (.~-~% ON WHAT BOARDS ARE YOU INTEKESTED IN SERVING Housingj Affordable Housing Advisory Committee LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) Kids and Cops committee 92-93, 93-94 EDUCATIONAL QUALIFICATIONS Master's in Elementary Education, Administration and Supervision, certification in reading LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Florida Educator's License GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Banyan Creek Elementary, Principal DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD Active citizen dealing with thousands of families and their children and concomitant issues involved in same. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEHENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ' SIGNATURE ~ DATE 4/90 M E M O R A N D U M TO: MAYOR AND CITY COMMISSION FROM: CITY MANAGER ~'~I EMPLOYEES RELATIONS COMMISSION DATE: MARCH 14, 1996 The term for Martin Frost, the representative of employee organizations, will expire on March 13, 1996. He was originally appointed to serve a full term in January 1988 and has completed an additional term of office. He is not eligible for reappointment. There will be a vacancy for a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees or employee organizations. Also, the Code states, "Neither the Chairperson nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in that office." The term is for four (4) years, ending March 13, 2000. The appointee need not be a resident of the City of Delray Beach. The following individuals have submitted applications for consideration: Harold Kirschner Todd Jackson Pursuant to Commission direction, a check for code violations and property liens was conducted. None were found. Based upon the rotation system, the appointment will be made by Commissioner Alperin (Seat #2). Recommend appointment of a member to the Public Employees Relations Commission (representative of employees or employee organizations) to a four-year term ending March 13, 2000. ar.doc CITY OF DELRAY BEACH · BOARD MEMBER APPLICATION HOM~ ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) PRINCIPAL BUSINESS ADDRESS fStreet, City, Zip Code) HOHE PHONE aq P -?GIGO BUSINESS PHONE ~/./;~ ON $tHAT BOARDS ARE YOU INTERESTED IN SERVING LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR ~AVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS P_'feam-s IT~ ,~ct,~_,,nce ~ ~,~.CC.~ /~ ~'~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR'PRESENT, OR MOST RECENT EMPLOYER, AND POSITION DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOAIU) PL~E ATTACH A BRIEF I ~BY CERTI~ ~T ~L ~E ~OVE STAT~S ~ ~UE, ~E~T~ ~T ~ MISSTAT~NT OF ~TERI~ FACTS CONTAINED IN ~IS ~PLICA- TION ~Y CAUSE FO~EI~ UPON ~ P~T OF ~ ~POI~NT I ~Y ~CEIVE. ~/90 M E M 0 R A N D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER RELATIONS COMMISSION DATE: MARCH 14, 1996 Chapter 35.032(A)(1)(b) of the Code of Ordinances provides that the City Commission shall designate one member of the Public Employees Relations Commission as Chairperson. In addition to the individual appointed in the preceding agenda item, the following persons are currently serving on the Public Employees Relations Commission as regular members: Harvey L. Brown (term expires 6/29/98) Armand Mouw (term expires 1/29/98) Any one of these individuals may be appointed Chairperson, to serve in that capacity for the duration of the term. Recommend appointment of a Chairperson for the Public Employees Relations Commission, at the discretion of the City Commission. chrm.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM ~ ~ - MEETING OF MARCH 19. 1996 APPOINTMENT OF CHAIRMAN AND VICE CHAIRMAN/COMMUNITY REDEVELOPMENT AGENCY DATE: MARCH 15, 1996 This is before the Commission to designate a chairman and vice chairman from among the Community Redevelopment Agency commissioners in accordance with Florida Statutes Section 163.356(3)(c). The membership, along with pertinent dates for each, is as follows: Date of Appointment/ Commissioner Reappointment Term Expiration Marc deBaptiste June 1992 (original) July 1996 Wanda Gadson July 1989 (original) July 1993 (reappt.) July 1997 Leonard Mitchell July 1989 (original) July 1993 (reappt.) July 1997 Kathi Sumrall July 1989 (original) July 1993 (reappt.) July 1997 John Weaver June 1995 (original) July 1999 Clay Wideman July 1989 (original) July 1993 (reappt.) July 1997 Vacancy to fill an unexpired term ending July 1997 The appointment to fill the vacancy created by Kevin Egan's resignation belongs to Commissioner Smith. She has postponed the appointment until April 2, 1996. Designate a chairman and vice chairman for the CRA at the Commission's discretion. ref:agmemol3 M~MO TO: City Clerk ~ FROM: Chris Brow DATE: March 13, 1996 RE: CRA Chairman Vacancy As you are aware, our current Chairman, Kevin Egan, will be assuming office as City Commissioner on March 28. Accordingly, he is submitting his resignation a~ a CRA Commissioner and Chairman at the CRA Board meeting of March 14, 1996. Pursuant to Florida Statute. s, Chapter 163, City Commission appoints the Chairman and Vice Chairman as well as fills the vacancy created, therefore, we would request that you do so at your March 19th meeting. Thank you. ,'~,~ ~J ~,.,;n,n~ Avenue. Oelrav Beach. FL :33444 (407) 276-8640 / Fax (407) 276-8558 March 19, 1996 RE: Item 9-M Appointment of Chairman and Vice Chairman/ Community Redevelopment Agency To the Mayor and City Commissioners: I apologize for the lateness of this note, however, I did not realize the above- referenced item would be placed on tonight's agenda. I recommend that the following persons be considered for appointment to the CRA Board: Leonard Mitchell and Kathi Sumrall Thank you, Cloy/Widomon [lTV JIF I:IELRK BEI:ICK CITY ATTORNEY'S OFFICE ~00 NW is: AVENU'F · DEIR. A¥. BEACH, FLOR]DA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRAY BEACH Ali. America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attome'~ SUBJECT: Newsrack Ordinance Based on the City Commission's direction at the March 12, 1996 workshop meeting, second reading of this ordinance should either be continued to a date certain or the Commission should vote on the ordinance in its current form. Please call if you have any questions. DNT/jk cc: David Harden, City Manager Alison Harty, City Clerk newsO2.dm mo-non 4o o~n './+,~ p~*l,'c /~m,e,,~ ¢on-nn~_. ~ d~'mc~../-.,~,~ ~,%, '7, /0.4. ORPINANCE NO. 13-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, substantial growth in the number of newspaper operators and Newsracks in the City has produced a significant increase in the number of Newsracks installed in public rights-of-way; and WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services; and WHEREAS, the installation and placement of Newsracks in public rights-of-way has resulted in concerns by the public and City officials with regard to the safety, convenience and aesthetics thereof; and WHEREAS, the City Commission finds that there is a need to regulate and establish procedures regarding installation, placement maintenance and insuring of Newsracks within the City; and WHEREAS, the City Commission f'mds that such regulations and procedures governing Newsracks will serve to promote the health, safety, aesthetics and welfare of the citizens of Delray Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: ~. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use and Work in the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of- Way", of the City of Delray Beach Land Development Regulations is hereby amended to read as follows: Section 6.3.3 Movable Fixtures Within the Right-of-Way: (A~ Purpose and Scope: "Bike Path." That portion of a right-of-way improved, designed, or ordinarily used for bicycle traffic. "Controlling Entity." The person or entity responsible for placing and maintaining a movable fixture, the owner of the movable fixture, or the publisher of the newspaper vended within a newsrack. "Equivalent newsrack." Any newsrack which is of the same size. dimensions and style of the specified newsrack. "Intersecting Sidestreet." Any roadway or driveway on which traffic is required to stop prior to entering the intersection. "Movable Fixture." Any newsrack, bench, or other non-attached fLxture. "Newsrack." Any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, sale, or distribution of newspaper or other news periodicals or advertising circulars. "Paved Surfaces." Any hard maintained surface used or built for the purpose of transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to, asphalt, concrete, paver block, tree grates and/or rocks. "Public Agency." The City of Delray Beach, Palm Beach county, the State of Florida, its subdivisions, departments or authorized agents. "Right-of-Way." All that area dedicated to public use or otherwise owned by a public agency for public street purposes and shall include, but not be limited to, roadways, swales, bike paths, and sidewalks. "Roadway." That portion of a right-of-way improved, designed, or ordinarily used for vehicular traffic. "Sidewalk." Any surface within a right-of-way provided for the exclusive or primary use of pedestrians. (C) Certificate of Compliance Re~_uired: No person shall place, affix, erect, construct or maintain a newsrack without first providing a certificate of compliance for each newsrack in accordance with the provisions of this section. (1) Reviewing and Enforcement authority: The authority_ responsible for reviewing the certificates of compliance and enforcing the terms of this section shall be the Code Enforcement Administrator or his/her designee. The Code Enforcement No. 13-96 3 (D} General Placement of Newsracks; The publisher or distributor of any newspaper or written periodical distributed from any newsrack location within a city. right-of-way shall notify, the Code Enforcement Administrator or his/her designee, in writin_~, of the location or change of location 0f any such newsrack by filing the certificate of compliance no later than 14 days after the placement or relocation of the newsrack. (C E) Standards for Newsrack Maintenance and In~allation: Any newsrack which in whole or in part rests upon in or over any public property or right-of-way shall comply with the following standards: (1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24 inches in depth. (2~ Newsracks shall be wide base. non-pedestal. K-JACK K J-960. K J-860. SHO-RACK TK-80. or TK-500 newsrack or equivalent. If demand warrants, the newsrack may be a KJ-950D or equivalent. Manufactured modifications to the door. window, and cabinetry, for the above described newsracks to accommodate vertically- formatted. "tabloid .type" newspaper display and distribution are acceptable. Under "warranted demand." a Newspaper Publishing Company may show that it is necessary. to include, with ordinary, demand, a reasonable percentage factor to accommodate peak yearly distribution in the quantity of newspapers dispensed. If the demand is warranted, the City_ shall not unreasonably withhold approval of such proposal by the Newspaper Publishing company in accordance with Section 6.3.3(A}, (3~) Newsracks shall have gloss black bases, forest green sides and door, and forest green coin box. coated per standard specifications. (4~ Newsracks shall carry, no card holders or advertising except the name of the newspaper being disPensed centered fifteen inches (15"} from the top of the cabinet. with duplicate lettering on the front, sides and back of the cabinet, such lettering not exceeding two and one-half inches (2 1/2"~ in height. The above fifteen inch (15") dimension may be adjusted on the door by the manufacturer to accommodate modifications for vertically-formatted. "tabloid- .tTpe" newsracks. f~ Coin operated newsracks shall be equipped with a coin return mechanism to permit a person wishing to purchase a newspaper or periodical to secure an immediate refund in the event the newsraek is inoperable. At all times, the coin return mechanism shall be maintained in good working order. L6~ The controlling entity shall permanently affix to its newsracks a label which states a 24 hour operable telephone number of a working telephone service which the 5 No. 13-96 (a) Decorative plants, or (b) Native plants maintained to match the surrounding flora, or (2) Public Utilities: Movable fixtures shall not be placed, installed, or erected to obstruct the use of any public utility pole or structure. These areas are designated as follows: (a) Drainage structures: Movable fixtures shall not be physically attached, chained, or bolted to any drainage structure, inlet pipe, or other physical object meant to carry water for drainage purposes; (b) Utility Poles: Movable fixtures shall not be physically attached, · chained, or bolted to a utility pole; (c) Fire Hydrants: Movable fixtures shall not be located within 15 feet of a fire hydrant (3) Traffic Control Devices: Movable fixtures shall not be physically attached, chained, bolted, or erected to obstruct the function of traffic signals, traffic signs or pavement markings. These areas shall be designated as follows: (a) Traffic signals. (1) Movable fixtures shall not be physically attached, bolted, or chained to a traffic signal pole. (2) Movable fixtures shall not be placed in such a manner which obstructs the free pedestrian flow to and from a pedestrian traffic signal push button. In order to allow for the free pedestrian flow, and handicap access, to and from pedestrian traffic signal push buttons, movable fixtures shall be placed at least 36 inches away from such pedestrian traffic signal push buttons. (b) Traffic signs. Movable fixtures shall not be physically attached, bolted, or chained to a traffic sign or post used for the support of a traffic sign or signs. (4) Paved Surfaces: No moveable fixture shall be placed, installed, or erected directly on a paved surface which is intended primarily for the use of motor vehicles. (5) Sidewalk: Movable fixtures placed or maintained on a sidewalk shall leave a clear area for traffic of not less than 40 inches. 7 No. 13-96 (a) The area within 50 feet of any railroad track. (b) On any city property unless the location has been specifically designated by the City Manager or any authorized representative. (1) The City Manager or the duly authorized City representative shall designate locations at City facilities for the placement of movable fixtures. (2) The City shall prepare a map for each City facility illustrating the designated locations for the placement of movable fixtures. The location maps shall be available for inspection at the office of the City Clerk. (3) Movable fixtures which are placed at City Facilities are subject to the same abandonment and enforcement provisions included in Sections 6.3.3(-g t:D and (13 J3 Improperly placed movable fixtures shall be considered abandoned movable fixtures. (c) The area within the medians of a divided roadway. (10) Fixture Placement: Movable fixtures shall not be placed on any roadway, bike path or swale area in front of. to the rear of. or to the side of a single family residence within the City. ~ G) Insurance: Every. publisher or distributor who places or maintains a newsrack on a public right-of-way shall provide to the Code Enforcement Administrator a current certificate of insurance on October 1st of each year. Reasonable evidence of equivalent self- insurance coverage may be substituted by the applicant for the above certificate of insurance, subject to the approval of the Ci_ty's Risk Manager. Insurance under this section shall run continuously with the presence of the applicant's newsrack(s) in the City's right-of-way, and any termination or lapse of such insurance shall be a violation of this Section. subject to the appropriate remedy by the Code Enforcement Division under Chapter 37 of the City's Code of Ordinances and the Enforcement provisions of this Chapter. Abandonment: (1) In the event a newsrack remains empty for a period of 30 continuous days, it shall be deemed abandoned, and may be treated in the same manner as provided in 6.3.3. (G I3below for movable fixtures in violation of the provisions of this subchapter. 9 No. 13-96 (6) In the event the controlling entity appeals the order to correct the offending condition, as provided for in Subsection 6.3.3 (G__J), below, then removal of the movable fixture shall be stayed pending final disposition of the appeal, which final disposition shall include any judicial review. The city shall reimburse the controlling entity any storage charges paid pursuant to an order issued by the city in the event the decision on the appeal is rendered favorable to the controlling entity. ~ J-) Appeals: Any person or controlling entity aggrieved by any order, £mding, or determination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an appeal with the Code Enforcement Board for the City of Delray Beach. The appellant must effect their appeal within 15 days after receipt of the order mailed to the appellant pursuant to this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. The Code Enforcement Board shall hold a hearing on the appeal no later than 30 days following the receipt of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant shall be given at least 7 days written notice of the time and place of the hearing. The Board shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the fixture is not violating this ordinance. At the conclusion of the hearing the Board shall make a final and conclusive determination. The determination shall be reduced to writing and signed by the Board and filed in the Office of the City Clerk within 15 days of the hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective when rendered. The decision of the Board may be appealed as provided for by law. ~. 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 that the part declared to be invalid. ~. That all ordinances or parts of ordinances which conflict herewith be and the same is hereby repealed. ~. That this ordinance shall become effective one hundred eighty (180) days after its passage on second and tmal reading. PASSED'AND ADOPTED in regular session on second and final reading on this the ~ day of ,1996. MAYOR ATTEST: First Reading City Clerk Second Reading. ncwsra¢2.ord 11 No. 13-96 M E MQRAND UM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ ~'/ SUBJECT: AGENDA ITEM # /0 '- MEETING OF MARCH 19. 1996 SALE QF CITY-0WNED pROpERTY TO THE COMMUNITY REDEVELOPMENT AGENCy DATE: MARCH 15, 1996 This is before the Commission to conduct a public hearing and consider approval of the Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA) for property located at 17 N.W. 5th Avenue (known as the Shatz property). The purchase price is $29,200.00. Further, the City agrees to demolish the structure located on the property prior to closing. At closing, the CRA agrees to reimburse the City an additional $10,000.00 for demolition costs. The stated intent of the CRA is to use the property for a public parking lot in support of the Peach Umbrella Block redevelopment activities. When this transaction was considered by the Commission on January 23, 1996, the action was to approve preparation of a contract under the terms outlined, with the understanding that if the property were to be sold by the CRA for commercial purposes at some future date, the City would share in the profits. A copy of the minutes from that meeting is attached. This clause is not reflected in the attached contract. A revised contract will be provided by the City Attorney. Recommend approval of the Contract for Sale and Purchase between the City and the CRA for the property at 17 N.W. 5th Avenue. ref:agmemol4 Mr. Ellingsworth moved to approve the request of a 90 day time frame extension for reduced water and sewer connection fees for the Carr property, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.C. 1996 LEGENDS TENNIS TOURNAMENT AGREEMENT/LIDDUN INTER- NATIONAL, INC.: Consider an agreement between the City and Liddun International, Inc. for the 1996 Legends Tennis Tournament to be held December 7-8, 1996, at the Municipal Tennis Center. Mayor Lynch asked for clarification of the agreement and questioned whether the County usage of the tennis stadium would be restricted from October 1, 1996 through February 1, 1997. The City Manager stated the County's agreement is subordi- nate with the Liddun agreement. Mayor Lynch asked whether the City will be put in jeopardy if the County is allowed to use the tennis stadium. The City Attorney suggested that the Commission consider modifying the agreement to reflect that the City be protected with their relationship to the County. Dr. Alperin moved to approve the 1996 Legends Tennis Tournament Agreement with Liddun International, Inc. subject to additional language, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.E. SANITARY SEWER ALTERNATIVES/N.E. 1ST COURT UTILITY IMPROVEMENTS PROJECT: Consider gravity flow sanitary sewer alternatives as part of the N.E. 1st Court utility improvements project. Dr. Alperin moved to approve the gravity flow sanitary sewer alternatives as part of the N.E. 1st Court utility improve- ments project, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Consider a proposal from the Commu- nity Redevelopment Agency for acquisition of City property locat- ed at 17 N.W. 5th Avenue (commonly known as the Shatz property). Kevin Egan, Chairman of the CRA, stated the CRA is working with Parker's Kitchen on the redevelopment of the Shatz property located at N.W. 5th Avenue. In an effort to make this redevelopment area more economically viable, the CRA would like the City to consider selling the Shatz property for the construc- tion of a parking lot. Mayor Lynch asked Mr. Egan if this prop- erty sells in the future as a commercial use, would the CRA agree -19- 01/23/96 to have the City share in the profits? In response, Mr. Egan feels this would be fair and does not have a problem with this. Dr. Alperin moved to approve the request from the Community Redevelopment Agency to acquire City owned property located at 17 N.W. 5th Avenue (Shatz property), subject to a caveat that if the property is sold in the future, the City shares in the profit, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.G. U.S. MARSHALS SERVICE OFFER FOR CITY TO PURCHASE PROP- ERTY AT 200 S.E. 10TH STREET: Consider the U.S. Marshals Service offer to sell to the City property at 200 S.E. 10th Street for the relocation of Rusty's Plumbing from its current location at 1191 South Dixie Highway. The City Manager stated this is an interesting idea but very costly. He stated that the only appropriate way to proceed with this, would be for the City to acquire the property because of the time factor. The other possibilities are redevelopment activities, however, as a general purpose local government, the City is not in power to engage in. He stated that perhaps the City could create a mini CRA or expand the CRA. The City Attorney stated there may be limits to what the City can do to the building. Even as a mini CRA or a private CRA, the City cannot give away public money for a private pur- pose. The City Attorney stated there are some things which need to be worked out. Mayor Lynch suggested that the City Attorney look into, but with the understanding that the City would need to see the appraised value. Dr. Alperin moved to approve giving the City Attorney direction to proceed with the negotiations to purchase the Sun- shine Tools property, with a purchase price not to exceed $80K, but at appraised price if the appraised price is lower, and to include appropriate environmental studies, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.H. THE CORNICHE REPLAT: Consider releasing the 24 foot public access easement for recreational purposes across the north end of The Corniche Replat in exchange for a like 24 foot ease- ment across the south end of the replat, subject to approval by ' the City Attorney of the necessary legal documents. -20- 01/23/96 CITY OF DELRRY BEACH CITY ATTORNEY'S OFFICE ~'~°~.^~.~.,.~.~'~ TM ~,,?~?~.~?_.^~'~'~'~' ~"^¥ "~^~"' ~°"~^ ~,~44 Writer's Direct Line: (407) 243-7090 DELRAY BEACH Ali.America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorn~ SUBJECT: 17 N.W. 5th Avenue Sale to Delray Beach Community_ Redevelopment Agency The City Attorney's office reviewed the contract for the sale/purchase of the property located 17 N.W. 5th Avenue. The contract is approved as to form and legal sufficiency. If you have any questions, please call DNT/jlk cc: David Harden, City Manager Alison MacGregor Harty, City Clerk 17nwapp.dnt Printed on Recycled Paper Community Redevelopment Agency Delray Beach February 28, 1996 Mr. David Harden City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: Shatz Property Contract 17 NW 5th Avenue Dear Dave: The CRA Board of Commissioners unanimously approved the contract to purchase the Shatz property at their meeting of February 22, 1996. Enclosed is an executed copy of the contract. The purchase price is $29,200 with an additional $10,000 for demolition costs. I would appreciate your having this item put on the next City Commission agenda so we may proce~-Cd~ with this project as soon as possible. Thdnk you. ce yours, her J. Brown Executive Director /d Enclosure cc: Susan Ruby, City Attorney 24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 PA]~TIBS: CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W. First Avenue, Delray Beach, Florida 33444 (Phone: 243-7000), and · COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH, an entity created pursuant to Chapter 163, Florida Statutes ("Buyer"), of 24 North Swinton Avenue, Delray Beach, Florida 33444, (Phone 276-8640), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Pronertv"l and personal property ("Personalty") (collectively "Property") upon the following terms and conditions which INCLUDE the Standards for Real Estate Transactions attached ("StandardCs)") and any addendum to this instrument. ... I. DESCRIPTION: (a)Legal description of Real Property located in Palm Beach County, Florida: The North 44.7 feet of Lot 6 and the South 5.2 feet of Lot 5, and the South 19.4 feet of Lot 5, Block 28, TOWN OF DEL~AY BEACH, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. (b) Street address, city, zip, of the Property is: 17 N.W. 5th Avenue, Delray Beach, Florida 33444 (c) Personalty: (a) Deposit to be held in escrow by Robert W. Federspiel in the amount of $ ~00.00 (b) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier*s check), subject to adjustments and prorations $ 28.700.00 III. T]~R FOR ACCePT. ANCO; EFFBCTIVE DATE; FACS32dILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION co~nunicated in writing between the pa~ies on or before fourteen days (14) after the execution of this Contract by the Buyer, the deposits will, at Buyer's option, be returned to Buyer and this offer withdrawn. A facsimile copy of this Contract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TZTL~ EVIDENCE: Within thirty (30) days after the execution of this Contract Seller shall, at Sellerts expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (CHECK (1) ~ (2)): (1)Oabstract of title or title insurance co~l~itment and, after closing, owner*s policy of title insurance. V. CLOS~DA~B: This transaction shall be closed and the warranty deed and other closing papers delivered one hundred eighty days (180) following the effective date of this Contract, unless extended by other provisions of Contract. VI. ~CTIOliS; EA~HTS; L]3IiTATIO~(S: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise comon to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7~ feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; other None; provided that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for purposes. VIZ. O~C~PANCY: The property shall be unoccupied as of the date of closing. Seller agrees to delivery occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. T~PEWRITT~N Ol~ HAIIDNRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract): a)~]Coastal Construction control Line Rider b) OCondominium Rider c)OForeign Investment in Real Property Tax Act Rider d) ~]Insulation Rider e) ~FHA/VA Rider f) ~]Other: X. AB$I~BiLIT~: (CHECK (1) oR (2)): Buyer (1)Bmay assign or (2)~may not assign Contract. XZ. ~P~CIAL CLAU~.S: (CHECK (1) OR (2)): Addendum (1)~is attached OR (2)~]is not applicable. XIII. DIHCLOHURES: Buyer ~acknowledges or ~does not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosures. or Tax ID No. or Tax ID No. Buyer Date Seller Date Social Security Social Security or Tax ID No. or Tax ID No. ADD~ND~ TO ~ FOR S~LE A~D PUR~NAS~ SELLER: CITY OF DELRAY BEACH, a Florida municipal corporation BUYER: COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH, an entity created pursuant to Chapter 163, Florid~ Statutes PROPERTY ADDRESS: 17 N.W. 5th Avenue, Delray Beach, Florida 35444 · ~. ~CIJ~ C~tU~$ (Continued): A. ~ADON GAS: Radon gas 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 and radon testing may be obtained from your county public health unit Paragraph N of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper fomm as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. C. The soil, surface water, drainage requirements and runoff availability, geological conditions, and environmental state of the property being purchased must be acceptable to Buyer in Buyers' discretion. This shall be determined by test boring and other soil, geological and engineering studies which may be conducted by Buyer at Buyers' expense within the time permitted for delivery of evidence of title herein. Notice of the results of such testing shall be furnished to Seller. During the term of this Contract, the Buyer, or Buyers' employees, agents, representatives, or assigns, shall have full and complete right to enter upon the property for the purpose of making any and all inspections, tests and studies of the property. In the event said conditions disclosed by such inspections are unaccepteble =o Buyer, the Buyer shall have the right to cancel this Agreement and receive a refund of all deposit monies paid hereunder. D. The Buyer shall have the right to cancel this Contract without penalty by providing written notice to the Seller at least thirty days (30) prior to the date of closing. E. In the event the Buyer shall not have canceled this Contract thirty (30) days prior to the closing date, pursuant to the provisions of Section E above, the Seller agrees to demolish the subject structure located on the property prior to closing. At closing the Buyer agrees to reimburse the Seller the amount of ten thousand dollars ($10,000.00) for a portion of such demolition costs stated above. CITY OF DELRAY BEACH By: - ... COMMUNITY REDEVELOPMENT AGENCY OF .- DELRAY7 . ~ A. ~VXD~C~ OF ~X~L~: (1)An abstract of title prepared or brought current by a reputable and existlng abstract firm (if not existing then certified as correct by anmalstlng firm) purporting to be an accuratm synopsis of the instruments aff~cting title to,eel Pretty recorded ln the p~bllc ~cordsof the county wherein Real Pro~erty is lo~ated, through Effective Date and which shall commence with the earlieat public records, or such later date as may be cust~ry In the county. %~on closing of this transaction the abstract shall bec~me the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance cc~l%ment issued by a Florida licensed title insur%= agreeing to issue to Buyer, recording of the special w~rranty deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Prol~rty, subject only to liens, mncumbr&ncea, exc~ptions or ~ualification set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey m marketable title subject only to liens, encu~brances, exceptions Or qualifications set forth in Contract. Marketable title shall be ~etermined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s). If the defect(s} render title unmarketable, Seller will have 120 days fr~ receipt of notice within which to r~ove the defect(s), frilling which Buyer shall have the ~tion of either accepting the title as it then is Or d~anding a refund of deposit ts) paid which shall J~aediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further c~ligations under the Contract. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the t/me provided therefor, including the bringing of n~cessary suits. B. i~A~~; ~~T~O~L~f A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace ~erio~ if second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall not permit acceleration or interest adjustment in event of resale Of Real Property; shall require ell prior lien and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); and the mortgage, note and security agreement shall be otherwise Inform and content required by Seller; but Seller may only require clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving end loan institutions, Or state or national beaks located in the county wherein Real Pro~erty is located. A~I ~ersonaltya~d lenses being conveyed or assigned will, at Seller's option, be subject to the lien of s security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C. mu~Wmz: Buyer, at Buyer's expense, within time allowed to d~ll~er mvidmnce of title and to ~mmine same, may have Real Property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on Real Property or that improvements located on ~eal Property encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. D. ~: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, ~ay have Real Pro~erty inspected by a Florida Certified Pest control O~erator to determine if there is any visible active termite infestation or visible existing d~mage fr~m tez~/te infestation in the improvements. If either or both are found, Buyer will have 4 days fro~ date of written notice thereof, w~th~n which to have ail damages, whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment end repair of ali damage up to 2% of purchase price. Should such costs exceed that amount, Buyer shall have the option of canceling Contract within $ days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing Of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act. S. X~S A~ ~S: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof, title to whtch is in accordance with Standard A. F. LX~: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, c/aims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers Of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialman in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialman and further affirming that all charges for lmprovmaents or re,airs which could serve as a baals for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract. O. ~ OP~O~: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. S. ~: Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and anytimepario~provided for herelnwhichshall end on Saturday, Sunday or legal holiday shall extend to p.m. of the next business day. ~. DO~%~S ~OR ~LO~: Sailer shall furnish special warranty deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letterst end corrective instruments. Buyer shall furnish closing stat~s~ent, mortgage, mortgage note, security agreement, end financing statements. J. ~S~: Documentary stamps on the spocialwarranty deed and recording corrective Instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money mortgage to Seller, special warranty deed and financing statements shall be paid by Buyer. K. ~ATI~B; (~)IXS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the~tton of taking over any existing policies of insurance, if assumable, in which event prem/ums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to Occupancy if Occupancy o~curs before closing. Advance rent and security deposits will be credited to Buyer and escrowde~osits held bymortgageewlll be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance mede for maximum allowable discount, homestead and other exemptions. If closing Occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are cumpleted improYaments on Real Pro~erty by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assesm~ent to be agreed upon between the parties, failing which, request will be mede to the County Property A~praiser for an informal assess~aent taking into consideration available mxe~ptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. ~. SP~CL%L A~S~M~T LX~B: Certified, confl~me~ and ratified s~ecial assessment liens as of date of closing (not as of Effective D~te) are to be paid by Seller. ~endir~ liens as of date of closing shall be ensured by Buyer. If the lmprov~ent has been substantially completed as of ~ffective Date, such ~mnding lien shall be considered es certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate Of assessment for the is~rovament by the public body. M. X~I~C~X~, ~AXI%R~~: Seller wmrrants that, as of 10 days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior wails, seawalls (or equivalent) and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or structural damage and that the septic tank, pool, all major appliances, mechanical items, heating, cooling, electrical, plumbing systems and ~achinery are in ~RK~NG CONDITION. Buyer may, st Buyer's expanse, have inspections made of those items by a firm or individual s~ecialtzing in home l~spe~tlons and holding an occupational license for such purpose (if required) or by an appropriately licensed Florida contractor. Buyer shall, prior to Buyer's occupancy or not less than days prior to closing, whichever occurs first, report in writing to Seller such items that do not meet the above standards ss to defects. Unless Buyer reports such defects within that time, Buyer shall be dee~ed to have waived Seller's warranties as to defects not re~orted. ~f r~lrs or replacement are required, Seller shall cause such repairs to be ~&de and shall pay up to of the purchase price for such repairs or replacements es may be required in order to place such It,s in ~DRK~NG CONDITION. If the cost for such repalrs or replacmment eaceeds 3% of the purchase price, Buyer or Seller ~ay elect to pay such ex,ess, failing which either party may cancel this Contract. Zf Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service and access to the Property for Inspections, including a walk-through prior to closing. Between Effective Date and the date of closing, except for repairs required by this Standard, Seller shall maintain Property including but not limited to the lawn and shrubbery, in the condition herein warranted, Ordinary wear and tear excepted. N. ~KOF~O~: If the Pro~erty is dmmmged by fire or other casualty before closing and cost Of restoration does not exceed 3% of the assessed valuation of the Pro~erty so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the lmprovmments so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit ts). ~. ~&~DS O~ ~L~; ~Y~OB~ P~(~K~: The apecial warranty deed shall be recorded upon clearance of funds. ~f a~stract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which w~uld render ~ller's title urmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered um~arketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the d~fect, all depoaitls) shell, upon written d~and by Buyer end within 5 days efter d~u~nd, b~ returned to Buyer and s£multaneously with much r~pa~en~, Buyer mba21 return P~rmonalty and va~te Rea~ Pro~r~y and r~onvey i~ ~o against ~ller as to a~y lntervenl~ ~f~t ~t as ~y ~ avall~le ~o Buyer ~ virtue of ~rra~les .co~tai~ In the the lending institution as to place, time of ~y a~d pr~ures for closing~ a~d for ~sburs~e~t of mortgage pr~eeds shall control over contra~provision In th~s Con~ract. Seller shall have the right to r~u~re fr~ the l~ndin~ institution a co~itment that It will not withhold ~sburs~e~t of mortgage pr~s as a result of any t~tle defec~ attributable to Buyer- mortgagor. The escr~ and closing pr~edure re~ired by th~s Standard ~ ~ waiv~ if ~itlm agent insuKes adverse matters pursuant to Section 627.7841, F.S.(1989), as ~en~. P. ~: ~y escr~agen~ ('~e~t') ~iving funds or~lvalen~ ~s authoria~ and ~gr~s by s~eptance of th~ to deposit provisions of Contract, ~ent ~, at ~ent"s option, continue to hold the subject ~at~er of the escr~ until the par~les mutually agr~ to its disburs~en~, of until s Jud~ent of a court of c~ten~ Jurisdiction shall dateline the rights of the ~rties or ~ent ~y ~sit with the clerk of ~he circuit court having J~s~ction of the d~spute. U~n ~otifyinq all par~les concern~ of such action, all liability on the part of ~enz shall fully ~e~na=e, except to the extent of accou~lng for any it,s previously de[iver~ out of esc~. If a licens~ real estate broker~ ~en~ will c~ly with p~ovisions of Chapter 475, F.S.(1989), as ~nded. ~y suit ~t~n Buyer and Seller where ~ent is ~de a ~rty ~cause of acting as Agent hereunder, or ~n any sui~ere~n~ent [nte~l~ the s~J~t~tter of ~he escr~ ~ent sha~l =ecover reasonable a~torneys~ f~s a~d costs incurred with the fees and costs to ~ ~ld fr~ and out of the escr~ funds or ~uivaleat and charged and awarded as cour~ costs ~n favor of the preva~l~n~ ~rty. ~arties a~ree that ~e~t shall not ~ ~able to any party o= 9arson for ~isde~lve~ ~o 8~er or ~ller of lt~ s~J~ to this e~r~, u~ess such ~live~ is due to willful breach of ~on=ract or gross negligence of ~. ~~; ~TS: In any lit~gation arising out of this Contract, the prevailing party in such litigation which, for the purposes of ~his S~andard, sh8l~ lnclu~ Seller, B~er, listing broker, Buyer's broker and any su~ge~s to ~he listing R. ~ O~ ~: If ~uyer f~lls to ~rfo~ this Co~rac~ within the t~e s~lfi~ (including ~ent of all ag~ u~n li~i~t~ ~ges, ~sl~ation for ~he ~u~io~ of ~s Contract a~d in full set~l~ent of a~y clal~s~ whereu~n, enforce ~ller~s rights u~der ~his Contract. If, for any reason o~her ~han failure of Sel~er to ~ake Seller's ~ltle marketable after diligent mffort, Seller fails, n~l~ts or refus%s to ~rfom this Con%tact, ihs Buyer may s~k s~lfic ~rfo~ancm el~t to r~etve the retur~ of B~r's ~sit ts) ~thout ther~ waiving any action for ~ages resulting fr~ Seller's breach. S. ~ ~; ~ ~; ~: ~lther this Contract ~or any notice of It shall ~ r~orded In any public r~ords. ~ls Contract shall bl~ and inure to the ~nefit of the ~r~les and their successors in interest. ~e~ever the context ~ts, singular shall lnclu~ plural and one gender shall include all. ~tice given by or to the attorn~ for any party shall ~ ms eff~tlve as If given by or to that party. T. ~: Smiler shall conv~ title to ~al Pro~rty by s=atuto~ ~rr~nty, trust~'s, ~rsonal representative's or quar~an*s~, as a~r~rlate to the status of Seller, s~J~t only to matters contain~ in Paragraph VII and those othe~ise accepted by Buyer. Personalty shall, at r~uest of Burr, ~ transferr~ ~ an ~so~ute bill of sale with warranty of title, U. ~~: ~ prior or pre~nt aqre~ents or representations shall ~ bin~nq u~n Buyer or Seller unless included in this Contract. No m~ification or change i~ this Contract shall ~ valid or binding u~n the parties unless tn writing and executed by the party or ~rties intended to be ~und by V. ~: Seller warrants that there are no facts kn~ to Seller materially affecting the value of the Real Property which are not readily observable by Buyer or which have ~ot ~en ~sclos~ to Buyer. I1011~ ON INteNT NOTICE IS HEREBY GIVEN, that the C~ ~ ~lray ~h, F~, ~ ~ ~i~ ~ NIl ~ ~l~i~ ~ ~5~5~ ~ ~ ~ ~ S, B~ H, TOWN OP ~L~Y 8EACH, ~ r~ ~n P$~ M P~m ~ ~, F~. Iva~e, may ~ ~i~ ~ ~ C~ ~'s ~ice. T~ Cib ~ F~, ~ll ~d a ~ic ~i~ ~ ~m~ ~i~ ~ ~rch )9, 1~ ~ 7:M p.m. in ~ C~ ~miu~ ~, C~ ~11. CITY OF DELRAY BEACH AI~ ~G~ H~ O~ Cl~k ~ N~ ~ Ra~lrey ~h NOTICE iS HEREBY G;VEN, lt~t the ~ 5.2 ~.d ~ ~ DELR~Y ~ I, P~ 3 ~ ~ P~blic RK~ d Palm O~h ~, ~ ~ ~ , Ci~ ~11, CI~ ~ ~Y BEACH NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined to sell the following described property: The North 44.7 feet of Lot 6 and the South 5.2 feet of Lot 5, and the South 19.4 feet of Lot 5, Block 28, TOWN OF DELRAY BEACH, as recorded in Plat Book 1, Page 3 of the Public Records of Palm beach County, Florida. The sale of the property is for public purposes pursuant to a contract entered into between the City and Community Redevelopment Agency of Delray Beach. Further information, as available, may be obtained from the City Manager's Office. The City Commission of the City of Delray Beach, Florida, shall hold a public hearing on the proposed sale at their regular City Commission meeting of March 19, 1996 at 7:00 p.m. in the City Commission Chambers, City Hall. CITY OF DELRAY BEACH, FLORIDA By: Alison MacGregor Harty City Clerk Publish: The News March 8, 1996 March 15, 1996 CITY JIF [IELRR¥ BEri£H CITY ATTORNEY'S OFFICE~^~.~._~~°° ~ TM ~o?~?~..~^v~. ~,_~^~ ]~^~. ~o~,~^ ~. Writer's Direct Line: (407) 243-7091 DATE: March 4, 1996 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance Terminating Trust Agreement and Repealing Section 1 of Ordinance No. 107-82 The purpose of this ordinance is to repeal Section 1 of Ordinance No. 107-82 which named Sun Bank as successor Trustee to the General Employees Pension plan and to terminate the trust agreement which was originally between the City and First National and thereafter Sun Bank, as successor. The City Commission passed Ordinance 41-95 which gave the General Employees Pension Plan Retirement Committee the ability to invest, pursuant to investment policies adopted by the Committee. Thus, the trusteeship of Sun Bank and the trust agreement are no longer necessary. By copy of this memo to David Harden, City manager, our office requests that this ordinance be placed on the March 19, 1996 agenda for first reading. trust.sar cc: David Harden, City Manager ~~ Alison MacGregor Harty, City Clerk ~5~ ORDINANCE NO. 15-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION (1) OF ORDINANCE NO. 107-82; TERMINATING A TRUST AGREEMENT ENTERED INTO BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AS SETTLOR, AND FIRST NATIONAL BANK OF DELRAY BEACH, AS TRUSTEE, DATED NOVEMBER 13, 1964, AS SUBSEQUENTLY AMENDED; PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has adopted Ordinance No. 41-95, amending provisions of Chapter 35 of the Code of Ordinances of the City of Delray Beach concerning the administration of the General Employees' Retirement Plan, and deleting certain provisions pertaining to the trustee for said Plan; and WHEREAS, pursuant to Ordinance No. 41-95, the Retirement Committee of the General Employees' Retirement Plan has initiated action to transfer certain assets of the Plan to professional investment managers for the purpose of investing said assets in accordance with investment policies established by the Retirement Committee; and WHEREAS, the existing retirement trust agreement between the City and Sun Bank, N.A., originally entered into in 1964, and most recently amended by Ordinance No. 107-82, is outdated and no longer necessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section (1) of Ordinance No. 107-82, appointing Sun Bank, N.A., Orlando, Florida, as Successor Trustee of the General Employees' Retirement Plan, as established in Ordinance No. 13-74, as subsequently amended, is hereby repealed. Section 2. That the agreement and trust entered into between the City of Delray Beach, as Settlor, and First National Bank of Delray Beach, as trustee, dated November 13, 1964, as subsequently amended, is hereby terminated pursuant to the provisions of Article VIII, Section 2 of that Agreement. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 15-96 MEMORANUM TO: David T. Harden - City Manager FROM: Lula Butler - Director, Community Improvement SUBJECT: Revision to Chapter 90 - Abandoned Property_ DATE: FEBRUARY 2, 1996 ITEM BEFORE THE COMMISSION: Commission consideration to revise Chapter 90 of the Code of Ordinances, Sections 90.02 and 90.03, Storing, Parking or Leaving Abandoned Property on public and private property to include provisions of Florida Statutes Chapter 705, Lost or Abandoned Property. BACKGROUND: The most significant changes are a reduction of the time period from 10 days to 5 days before abandoned property can be removed by Code Enforcement and using certified mail to send initial notices. The other revision is to Section 90.03, Storing, Parking or Leaving Abandoned Property on private property regarding the utilization of the Code Enforcement Board to hear appeals in lieu of a 3-member hearing panel. Wording changes were made to each of the above sections to clarify and simplify procedures. All of the changes were reviewed and approved by the City Attorney's office. RECOMMENDATION: We are recommending City Commission approve the revisions submitted for Chapter 90 of the Code of Ordinances regarding Abandoned Property. LB:DQ Attachments ORDINANCE NO. 16- 9 6 AN ORDINANCE OF THE CITY COMMISSION OF TIlE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 90, "ABANDONED PROPERTY; JUNKY~S," SECTION 90.01, "DEFINITIONS" ;TO PROVIDE FOR DEFINITIONS FOR THF~ TERMS "ABANDONED MOTOR VEHICLE," AND "ABANDONED PROPERTY"; REPEALING SECTION 90.02, "ABANDONMENT OF PROPERTY OR WRECICl~.D OR INOPERABLE MOTOR VEHICLES ON PUBLIC PROPERTY" IN ITS ENTIRETY, AND ENACTING A NEW SECTION 90.02, "STORING, PARKING, OR LEAVING ABANDONED PROPERTY ON PUBLIC PROPERTY"; TO PROVIDE PROCEDURES FOR THE REMOVAL OF ABANDONED PROPERTY FROM PUBLIC PROPERTY INCLUDING NOTICE, HEARING, COLLECTION OF COSTS, AND AUTHORITY TO LIEN; TO PROVIDE FOR CONFORMANCE WITH SECTION 705.103, FLORIDA STATUTES, REGARDING NOTICES TO OWNERS, COLLECTION OF COSTS, AND AUTHORITY TO LIEN; REPEALING SECTION 90.03, "STORING, PARKING, OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS" IN ITS ENTIRETY, AND ENACTING A NEW SECTION 90.03, "STORING, PARKING, OR LEAVING ABANDONED PROPERTY ON PRIVATE PROPERTY"; TO PROVIDE PROCEDURES FOR THE REMOVAL OF ABANDONED PROPERTY FROM PRIVATE PROPERTY INCLUDING NOTICE, HEARING, COLLECTION OF COSTS, AND AUTHORITY TO LIEN; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE WHERE AS, The City Commission of the City of Delray Beach acknowledges that property is often abandoned on public and private property; and WHEREAS, the City Commission of the City of Delray Beach declares that abandoned property is a public nuisance which exists on both public and private property; and WHEREAS, the existence of abandoned property adversely affects that citizens health, safety and welfare as abandoned property attracts criminals, sWay animals, and causes neighboring property values to be adversely affected; and WHEREAS, in order to protect the citizen of the City of Delray beach, it is necessary that the City continues to implement its abandoned property removal program. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: ~. That Tittle IX, "General Regulations", Chapter 90, "Abandoned Property; Junkyards", Section 90.01, "Definitions", of the Code of Ordinances of the City of Delray Beach be, and the same is hereby amended to read as follows: Section ~3.01 DEFINITIONS. For the purpose of this subehapter the following definitions shall apply unless the context clearly indiCates or requires a different meaning. "ABANDONED MOTOR VEHICLE." Any motor driven vehicle regardless of size which is left unattended for a tmriod exceedina seventy-two (72~ hours. "ABANDONED PROPERTY." Any tangible rmrsonal property which.is wreckegl, inot~rable, or oartiallv dismantled or which has no aooarent intrinsic value to the owner. "ANTIOUE MOTOR VEHICLE." Any motor vehicle of the age of 35 years or more which is registered with the State of Florida pursuant to F.S. Section 320.086. "ENFORCEMENT OFFICER." Those employees or other agents of the city designated by ordinance, or duly authorized and appointed by the city manager, whose duty it is to enforce city codes. This definition shall include law enforcement officers. "INOPERABLE MOTOR VEHICLE." A motor vehicle shall be deemed ~ ,~:~, t~n~ ~. ~ .... ~o~erable if it d~s not meet ~e reouiremen~ for o~eration u~on · e public ~ts of ~e Ci~ of Del~v Beach. includin9 a ~nt motor vehicle license. However, ~s shall not apply to motor ve~cles located on private pro~ owned or le~ed by automobile de~ers, new or reed, possess~g a cu~em, valid ~cupatio~l li~me; nor s~ll ~s deF~tion apply to any ~tique or collector ve~cle w~ch is ~gistered wi~ ~e state, purser to F.S. Section 320.086. "MOTOR VEHICLE." A vehicle or conveyance which is self-propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles, trucks, tractors, go-carts, golf carts, campers, motorhomes, and trailers. "PRIVATE PROPERTY." Any real property within the city which is privately owned and which is not defined as public property herein. "PUBLIC PROPERTY." Lands and improvements owned by the federal government, the state, a county or a municipality and includes sovereignty submerged lands located adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way, and other similar property. "WRECKED MOTOR VEHICLE." Any motor vehicle of which the condition is wrecked, dismantled, partially dismantled, incapable of operation by its own power on a 2 Ord. No. 16-96 public street, or from which the wheels, engine, transmission, or any substantial pan thereof have been removed. ~. That Tittle IX, 'General Regulations", Chapter:90, "Abandoned Property; lunkyards", Section 90.02, "Abandonment of Property or Wrecked or Inoperable Motor Vehicles on Public Property", of the Code of Ordinances of the City of Delray Beach be repealed in its entirety, and a new Section 90.02, "Storing, Parking, or Leaving Abandoned Property on Public Property's hereby enacted to read as follows Section ~0.02 STORING. PARKING OR LEAVING ABANDONED PROPERTY ON PUBLIC PROPERTY. . (A) NO person shall store, park. leave or permit the storing, parking or leaving of any abandoned property_ or any wrecked, dismantled, unlicensed or inoperable motor vehicle or vessel, which shall be presumed to be abandoned whether attended or not. Unon any Public property_ within the City_ for a period of time in excess of 72 hours. The nresence of abandoned nropertv on public property_ is d~clared a public nuisance which may be abated in accordance with the provisions of this section. and Chapter 705. Florida Statutes. This section does not apply to motor vehicles. vessels or other .types of abandoned property_ parked or stored on public property_ by the City. its officers, employees, or any of its detmrtments. (B~ Procedures for Removing Abandoned Property. (1) Whenever an enforcement officer ascertains that an article of abandoned pro_~rty_ is present on public prOperty_, and is of.such a natur~ that it cannot be easily removed, the officer shall affix a notice to that article in substantially the following form; "NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. THIS PROPERTY.' (Setting forth brief deserintion'! is unlawfully upon public property known as (setting forth brief description of Iocation~ and must be removed within five (5~ days: otherwise, it shall be nresumed to be abandoned nropertv and will be removed ~X[..diqlta,~f,l~ by order of the City_ of Delrav Beach. The Owner will be liable for the costs of removal. Storaee. disnosal, and any publication costs for notice nurooses. Dated this: (setting forth the date of posting notice~. Signed: (setting forth name, title, address, and telephone number of enforcement officer~." The notice shall be not less no Smaller than eight (8'~ inches bv ten (10'~ inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. 3 Ord. No. 16-96 (.2~ In addition to posting, the enforcement officer shall make reasonable effort to ascertain the name and address of the owner. If such information is reasonably available to the enforcement officer, the officer shall mail a copy of the notice to the owner on or before the date of hosting. If th,, property, is a motor vehicle or a vessel the enforcement officer s~all contact Department of Highway Safety and Motor Vehicles or the Dena,~t,.ent o£ Environmental Protection. re _spectively. in order to determine th~ name an,] address of the owner and the name and address of any person who has filed lien on the vehicle or Vessel pursuant to state law. On receint of thi~ information, the enforcement officer shall mail a copy of the notice b-v ce~ifiCd mail. return receipt requested, to the owner and to the lien holder, i~ any. addition, a copy of the notice shall be mailed to the abutting ,.real property owner where the abandoned property, is located. Failure of parties to receive, notices after they are properly deposited in the U.S, mail and addressed iii accordance with Coun~ and State orovided infOrmation shall not orevent either the removal, storage, destruction or other disnosition of abandonec~ property. If, at the end of five (5~_ days after posting thg notice, the owner or any .nersoss interested in the abandoned property_ described in the notice ha~ not renioved th,, property_ from public property, or shown reasonable cause for failure to do so, the following shall apply; fi~ The City_ may retain any or all of the property, for its own use or for use trade such property_ to another unit of local governmenl or state agency, donate the property, or notify_ the appropriate rerun, removal service. (b) The owner of any abandoned or lost property_, who after notice as provided in thi~ section, does not remove such property. within the specified period, shall be liable to the City for ali costs of 'removal. storage, disposal, and publication of notice f-or such property_. less any salvage value obtained by disnosal of the nro~rty._ ~ to Section 705.103(~D. Florida Statutes. u_man fina~ dist}osition of th,, prO_~erty, the law enforcement officer shall notify_ the owner, if known. of the amount owed. In the ease of an abandoned boat or moto, vehicle, any person who neglects or refuses to nay such amount is entitled to be issued a certificate of reeistration-fo-r such boat or motoc vehicle, or any other boat or motor vehicle, until such costs have beer paid. The law enforcement officer shall supply the State Dena, h~e.i of Environmental Protection with a list of persons whose boat registration privileges have been revoked under thi~ section and th;~ State Detmrtment of Motor Vehicles with a li~t of persons whose moto~ vehicle privileges have been revoked. 4 Ord. No. 16-96 (c) The rightful owner shall be liable for the City's cost for transportation and storage of abandoned property and. if the rightful owner does not pay such costs within 30 days of making claim t0 the property, title to the property_ shall vest in the enforcement agency. (~) Notices reouired for this section shall be mailed and contain the information as specified in 90.03(D~(4~. excent as noted below. Notice mailed prior to Removal: (i) Will not contain a Parg:el Identification Number or legal descrit~tion when such is not applicable to the oublic t~ronertv in auestion. (ii) Will not contain any provisions for a hearing; howeVer, a telephone number will be included to permit an appropriate party_ to call to demonstrate reasonable cause for not removing the property_ described in the notice. Unon receint of such reasonable cause information, the City. shall inform the party of th~ final disposition of the case. which may include, but not be limited to. extendine the time neriod for removal. cancelling the case or removing the property_ at the expiration of the original time period. (iii) Will indicate that the pro~rty described must be removed no later than 5 days from the notice date. The Notice mailed after removal shall not contain: (i) Will not contain the address from which the pro.merty was removed, unless there is an actual address of such property_, but shall include a descrintion of the location from which the property was removed. (ii/ Will not contain notice that a lien will be nlaced on the real property from which the abandoned pro_n~rty ~. That Tittle IX, ``General Regulations", Chapter 90, "Abandoned Property; Junkyards", Section 90.03, ``Storing, parking, or leaving wrecked or inoperable motor vehicles on private property: exceptions", of the Code of Ordinances of the City of Delray Beach be repealed in its entirety, and a new Section 90.03, ``Storing, Parking, or Leaving Abandoned Property on Private Property" is hereby enacted to read as follows: 5 Ord. No. 16-96 Section 90.03 STORING. PARKING OR LEAVING ABANDONED PROPERTY ON PRIVATE PROPERTY. (AT~ No nerson shall store, park. leave or permit:the storing, parking, or leaving of any inoperable or abandoned motor vehicle, vessel or other abandoned property, upon any private property_ within th~ City for a ~riod in excess of 72 hours. The preser~ee of abandoned property 0n private pro_r~rty is declared a public nuisance whi{:h may be abated in accordance with provisions of this section. _CB) This section shall not apply to: (1) Any motor vehicle or vessel which is within a comnletelv enclosed buildine, orovided that such vehicle or vessel is the property of ~e owner or occupier of the lot and that such use is not a commercial use of the property. unless such use is authorized bv other ordinances of the City: or (2) Any antique or collector vehicle registered with the State. HOwever. no more than two antique motor vehicles may be retained by the same owner for collection purposes unless tbev are appropriately stored within a completely enclosed building. (C~ Affixing Notice. (1) Whenever an enforcement officer shall ascertain that an inooerable vehicle or abandoned property_ is present on private property_ in violation of the provisions of this section, the enforcement officer shall affix a notice to that article in substantially the foIlowine form: "NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property (setting forth brief description~ located at (setting forth brief description of location~ is improperly stored .. and is ill violation of (setting forth ordinance or re_tmlation violated~ and must be removed within ten (10~ days from the date of this notice unless a hearine has been demanded within seven (7~ days of the date of this notice, Otherwise. the oropertv will be removed and gi~ by order of the City of Delray Beach. The owner will be liable for the cost of removal, storage, disposal, and oublication of notice for the orooertv. Dated this: (setting forth date of posting of notieel. Si_treed: (settin? forth name. title, address, telenhone number of enforcement officer~." 6 Ord. No. 16-96 (2) The notice shall be no smaller than eight (8% inches by ten (10") inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to affixin~ the above notice, the enforcement officer shall, on the date of affixing the notice, mail. by certified mail. return receipt requested, a notice to the oWner of the real pro_hetty u_non which the abandoned property is located. If the abandoned pro_nerty is a motor vehicle or vessel, the enforcement officer shall make a reasonable effort to ascertain the name and address of the last registered owner and any Person who has filed a lien on the vehicle or vessel, and shall mail a cony of such notice to those r~rsons. nurSUant to the procedures described in Section 90.02lB)(1) of the Code of Ordinances. The notice shall also advise the interested party that the party_ may request a hearing no later than seven (7~ days fi.om the date of the notice by filin~ I written request with the Clerk of the Code Enforcemerg Board. A hearing l~fore the Code Enforcement Board shall be scheduled within fifteen (15) days from the date the reauest is received. SEE SECTION 90.03CD~(4~ FOR REOUIREMENTg FOR INFORMATION TO BE PROVIDED ON MAILED NOTICES. Hearing. Removal. and Notice Procedures. (1) Hearing. The hearing before the Code Enforcement Board shall be conducted in accordance with provisions of Chapter 37 of the Code of OrdinanceS. If the Code Enforcement Board determines that the conditions cited in the notice constitute a'public nuisance, the owner of the property, shall have an additional seven (7) days to correct or remove the conditions. If thc {~onditions are not corrected, the City. shall have the right to have the conditions abated at the expense of the property oWner or to assess fines in accordance with the Code Enforcement Board's decision and order. (2) Removal. If the owner or other interested person has not requested a hearing within seven (7~ days after receipt of the notice, and if. at the end often (10~ days after the notice date. the owner, or any ~ers0n interested in the abandoned article described in the notice, has not removed ~e article and comnlied with the ordinance(s/cited in the notice, the enforcement Officer may cause the article of abandoned property_ to be removed, stored and destroyed. The salvage value, if any. of the article shall be retained by the local government to be applied against the cost of removal, storage and destruction thereof, unless such costs are naid bv the owner or other interested party entitled to possession of the article. If the City has the condition abated and pa_vment is not received within thirty (30~ days after mailing a notice of assessment for the cost of the work together with all costs of inspection and administration, the city_ shall have a lien placed against the real property_ from which the abandoned pro_nerty, is removed for the costs, plus interest at the rate 7 Ord. No. 16-96 of 8% ncr annum, nlus reasonable attorney's fees and other costs of gollegting those sums without further hearing. (_3) Notice. Notifications to owners and other interested parties shall be addressed to the applicable parties according to addresses listed in official records provided to the City_ bv State or County. agencies. Failure of parties to receive notices after they are properly deposited in the U.S. mail and addressed in a~Cordance with County and State t~rovided information shall not prevent removal, storage, destruction or other disposition of abandoned property or the asses.qment of liens for charees due for such removal. . (4~ Notice Requirements Prior to Removal of Property_. ~_ Notice shall advise the last registered owner(s), lien holder(si of record and owner(s/of the real property, on which the abandoned oropertv is situated of: a. The notice date. b. The final correction date. which shall be no less than 10 days after the notice date. ¢. That after the final correction date. the City. shall have the right to remove the property, described in the notice. d. The rieht to and method of demandine a hearine on the condition described in the notice. ¢. Make. model and year of manufacture. f. Tag number, or as applicable a vessel registration number. g. Vehicle Identification Number or Vessel Identification Number. h. Last registered to name(s/as nrovided to the City by Coun _ty or State agencies. i. Ordinance or retmlation violated. j. A description of the abandoned property_ if such is other than a vehicle or vessel. k. The location (street address or general description as applicable) where the abandoned property is situated. 8 Ord. No. 16-96 1. The parcel identification number. The Parcel Identificatioll number is the number Palm Beach County assiens to the real property_ upon which the abandoned pro_nerty is located. m. The legal description of the real property_ where the abandoned property is located, as oublished by Palm Beach n. A telephone number to call for further information. O, Estimated towing, storage and administrative charges if the City removes the described property_, p. Any lien holders of the property as provided to the CRv by either County. or State agencies. (5'} Notice Requirements After Removal of Property_. ,Within 5 days after remoVal of abandoned property., a Notice of Removal shall be mailed by First Class mail to the party_ notified, nursuant to Section 90.03(D)(4). informing them of the Notice of Removal Date and the Final Reclama~;i0n Date. The Final Reclamation Date shall not be earlier than 20 days following the Notice of Removal Date. In addition, the followine information shall be included in the notice: a. The information noted in 90.03(4)(a) through ~above. b. A telephone number to call to claim the removed property. and to further inquire about the property_ and charges due and payable prior to reclamation. c. The reouirement to produce personal identification and proof of ownershin nrior to reclamation. d. That a lien will be nlaced on the real nrooertv from which the abandoned nronertv was removed if all charees due are not e. That if the nronertv is not timely reclaimed, the rieht to reclaim and the title to the pro_oerty are waived and that consent is _m-anted to the City to dis~aose of the property, (6) If the last registered owner of a vehicle or vessel can not be reasonably ~letermined. it shall be sufficient notice to publish a Notice of Removal once in a newspaper of general circulation in the City. containing the followin~ information: 9 Ord. No. 16-96 d. A telephone number to call to reclaim the property., to determine charges due and to obtain further information e. Notification that the property_ mustbe reclaimed no later than 20 days after the date the notification was ~ublished. or the right to reclamation is waived along with any right and title to the property_, and that by failing to make a claim, consent is _granted to the City_ to dispose of the property. ¢7) When published in a newspaper of general circulation, the Notice of l{~moval may contain listings of more than one nropertv. ~eetion 4. That should any section or provision of this ordinance ok 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 that the part declared to be invalid. Se~ion ~. That all ordinances or parts of ordinances which conflict herewith be and the same is hereby repealed. ~. That this ordinance shall become effective immediately after its 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: First Reading City Clerk Second Reading. ,, 10 Ord. No. 16-96 £1TY OF DEl. llll¥ BEfI£H l Writer's Direc~ Li~: (40'7) 243-?090 DELRAY BEACH ~l.~ca City MEMORANDUM 993 TO: Lula Buffer, Director of Community Improvement ' FROM: David N. Tolces, Assistant City Attom " SUBJECT: Abandoned Property. ~rdinance Attached is a f'mal draft of the proposed ordinance revising Sections 90.01, 90.02, and 90.03 of the City's code regarding abandoned property. Please review and provide me with your comments. If you have any questions, please call. DNT/jlk Attachment cc: David Harden, City Manager Alison MacGregor Harry, City Clerk abanpro.dnt COMMENTS FROM CITY COMMISSION REGULAR MEETING OF MARCH 19, 1996 Il. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearings. ll.A. City Manaqer's response to prior public comments and inquiries. None. ll.B. From the Public. ll.B.1. Carolyn Zlmmerman, 212 S.W. 2nd Avenue, expressed her feelings over the loss of Commissioner Barbara Smith, commenting on her admiration for Mrs. Smith and how much she will be missed. ll.B.2. Gerald DeFoe, President of Country Manors and PROD, extended sincere thanks to Mayor Thomas E. Lynch for the tremendous job he has done with the City of Delray Beach. ll.B.3. Alice Finst, 707 Place Tavant, expressed concern over the appearance of the east side of 1-95 within the industrial area north and south of S.W. 10th Street. She asked the City Manager to check the number of code violations with respect to screening, etc. She further stated some of the properties in this area are being used for exterior storage and something should be done to clean up the area. ll.B.4. Bob Cullen, 1877 South Ocean Boulevard, on behalf of the Delray Beach Historical Society, expressed thanks to Mayor Lynch and presented him with an Engineer's cap. ll.B.5. Helen Coopersmith, 1222 South Drive Way, commented on the loss of Commissioner Barbara Smith and how much she will be missed. ll.B.6. Willie Ports, Jr., 634 Angler Drive, expressed his condolences on the loss of Commissioner Barbara Smith. He further stated he is sad to see Mayor Lynch leave the City of Delray Beach. ll.B.7. Lilllan Feldman, resident of Pines of Delray, extended a farewell to Mayor Lynch. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager In response to Commissioner Randolph's prior inquiry regarding long range surveillance cameras, the City Manager stated the Police Department had used one of these cameras that was borrowed from the Drug Enforcement Administration. Currently, the cameras are not available. However, the Police Department will be requesting a similar camera in the upcoming budget. The cost is approximately $7,200 per unit. In response to Mayor Lynch's prior inquiry regarding the Pompey Park pool admission prices, the City Manager stated that the City conducted a survey of five other pools within the County and found the City's fees to be equal to or less than those charged at similar facilities. In addition, staff is developing a program called "Pompey bucks" which would provide an opportunity for children to work in order to earn credit toward pool admission. Mayor Lynch suggested the possibility of yearly passes which could be purchased by or for the children. 13.B. City Attorney The City Attorney stated she will miss Thomas E. Lynch as Mayor and expressed her condolences on the loss of Commissioner Barbara Smith. The City Attorney reported that the verdict was against the City with respect to the Federal Court trial. The City City will be looking into appeals. Mayor Lynch stated it is important for everyone to realize that this court case is based on things which occurred many years ago. The present Police Department has made major strides and is not the issue. 13.C. City Commission 13.C.1. Mr. Ellinqsworth Mr. Ellingsworth expressed his thanks to Mayor Lynch for the dedicated service he has provided to the City of Delray Beach. 13.C.2. Mr. Randolph Mr. Randolph thanked Mayor Lynch for a job well done and extended his personal condolences to the Smith family. 13.C.3. Dr. Alperin Dr. Alperin also expressed his sentiments to the Smith family. He further commented that Mayor Lynch will be missed tremendously. 13.C.4. Mayor Lynch Mayor Lynch commented that good news from the CRA is that S.I.R.S. publication company (Social Issues Resources Series) has put an offer in to come to downtown Atlantic Avenue. If, for some reason, it turns out they do not locate downtown, they have said they will still come to Delray Beach at another location. Mayor Lynch reported that ABC Carpets has entered into a Letter of Intent to take over the Kraft building on South Congress Avenue. The Letter of Intent will be a formal lease within the next ten days. Negotiations are ongoing, and hopefully the Commission will be supportive of this project when it is brought forward for consideration. In closing, Mayor Lynch thanked everyone for their support over the years and commented that he feels the real strength of the city lies with the staff. With respect to the future of the Commission whether by appointment or election, Mayor Lynch stated he feels it is very important to have people come into office with a proven track record of service to the city, and knowing their good points and bad points. Further, he thanked Lillian Feldman, Helen Coopersmith, Dick Eckerle and the many other concerned citizens who have taken the time and made the effort to keep an eye on their government.